BCI urges LG to withdraw notification allowing police to virtually present evidence in court

New Delhi, Aug 25 (PTI) The Bar Council of India (BCI) sent a letter to the Delhi lieutenant governor (LG) on Monday, requesting for an immediate withdrawal of an August 13 order issued by him that allows police to virtually present evidence in courts from police stations.

Advocates have been abstaining from work on the issue since Friday. The strike will continue on Tuesday as well.

"The BCI, as the statutory body under the Advocates Act, 1961, wishes to express its serious concern regarding the recent notification issued by your office, which mandates that police witnesses give evidence from their designated police stations via electronic means.

"Although we recognise the importance of expeditious trials and the benefits of technology in alleviating the burden on law enforcement, implementing this measure in its current form would significantly compromise the rights of the accused and the integrity of trial proceedings. Evidence can only be recorded in the court in the physical presence of the witness," the letter said.

The letter signed by BCI chairman Manan Kumar Mishra and co-chairman Ved Prakash Sharma said the right to a fair trial is the cornerstone of the legal system.

"Part of that fairness is the physical presence of a witness in court. When a witness testifies from a police station -- a space controlled by the very same department that is investigating the case -- it can undermine the credibility and spontaneity of their testimony," it said.

Underlining that effective cross-examination is vital for uncovering the truth, the letter said, "It is difficult to properly question witnesses, identify and confront documents, or even note their expressions and body language over a video conference. A witness's demeanour tells a lot." It said moving a testimony outside the courtroom diminishes the judge's control over the proceedings and creates a risk of procedural mistakes.

"We were surprised and disappointed that the BCI, a major stakeholder in the justice system, was not consulted before this notification was issued. We are committed to technological progress, but we firmly believe that such significant changes to our criminal procedure should only be made after a collaborative discussion involving the bar, the judiciary and other key stakeholders. This ensures that we find a balance between efficiency and fairness," the letter said.

"We therefore request the immediate withdrawal of the said notification and ensure that all police officials' evidence is recorded with their physical presence in the court," it added. PTI MNR RC