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Delhi LG’s Police Testimony Order Faces Strong Opposition from Supreme Court Lawyers

Shivam Y.

Supreme Court lawyers condemn Delhi LG’s order allowing police testimony from stations via video, warning it undermines judicial independence and fairness.

Delhi LG’s Police Testimony Order Faces Strong Opposition from Supreme Court Lawyers

New Delhi: The Supreme Court Advocates-on-Record Association (SCAORA) has come out strongly against a recent notification by the Lieutenant Governor of Delhi that designates police stations as official venues for recording testimonies of police personnel through video conferencing.

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In a resolution passed on 27 August 2025, the association said it "unanimously and strongly condemns" the order dated 13 August 2025, warning that such a measure undermines judicial independence and could erode public trust in the justice system.

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Lawyers Warn of Institutional Imbalance

The body of advocates pointed out that the decision allows the executive to interfere with the judicial process.

"Such a notification creates a perception of institutional imbalance, whereby the machinery of investigation is permitted to intrude upon and influence the solemn process of judicial proof," SCAORA stated.

It further added that even if testimony is taken digitally, the environment matters greatly.

"Even if conducted through electronic means, the venue and atmosphere of testimony matter significantly to the public’s faith in its independence," the resolution noted.

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Courts vs. Police Stations

The statement drew a clear distinction between the two spaces. Courts, it explained, are open forums where litigants, lawyers, and citizens have access, ensuring transparency. Police stations, on the other hand, are restricted executive facilities that could create concerns of "evidence curation or undue influence."

Lack of Consultation Criticised

SCAORA also criticised the manner in which the notification was issued, saying it came without consultation with either the judiciary or bar associations.

"The Association also notes with regret that such a measure has been issued without prior dialogue or consultation with either the Judiciary or the representative bodies of the Bar," the resolution read.

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Call for Withdrawal

The association has urged the Lieutenant Governor to withdraw the notification and instead begin a broader dialogue with all stakeholders.

"SCAORA urges the Hon’ble Lieutenant Governor of Delhi to immediately withdraw the said Notification, and to initiate a comprehensive consultative process involving the judiciary, the Bar, and other relevant stakeholders," it said.

Broader Concerns

While the notification was justified as a move to save time and improve efficiency by allowing police personnel to testify remotely, lawyers believe it risks undermining the fairness of criminal trials. Traditionally, testimonies are recorded in open court under judicial supervision, ensuring neutrality and transparency.

The resolution, signed by SCAORA's Honorary Secretary Nikhil Jain, concluded with a strong reminder:

"We reiterate our unwavering commitment to the protection of constitutional values, the independence of the judiciary, and the fair and transparent administration of criminal justice."

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