Delhi lawyers call off strike as top cop directs in-person court appearances

The order modified an earlier circular that had allowed “formal witnesses” to depose through video conference, a provision lawyers had strongly opposed

Delhi Police commissioner Satish Golchha on Monday directed all officers and personnel to physically appear before courts to record evidence in criminal trials, a move that prompted district court lawyers in the Capital to call off their strike.

Bar leaders argued these provisions tilted the trial process in favour of the prosecution. (Shutterstock)

In a circular issued Monday, Golchha said: “It is hereby directed that in all criminal trials, all police officers/personnel shall physically appear before the Hon’ble Courts for the purpose of deposition/evidence.”

The order modified an earlier circular that had allowed “formal witnesses” to depose through video conference, a provision lawyers had strongly opposed.

The standoff had threatened to escalate, with bar leaders calling for another round of strikes this week after partial assurances from the police. But Monday’s directive, brought relief to litigants as normal functioning resumed across the district courts.

Tarun Rana, additional secretary general of the Coordination Committee of All Delhi District Courts, welcomed the decision.

“Our demands have been met and we have now called off the strike. Our long-term demand remains to get the contentious sections of the BNSS amended, but for now we are satisfied,” he said.

The lawyers’ agitation centred on four provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the new criminal code. Section 530 permits trial proceedings, including witness examination, to be conducted electronically. Section 308 allows evidence to be recorded in the presence of the accused through audio-video means at designated state-notified places. Sections 265 and 266 allow prosecution and defence witnesses to depose remotely from such notified locations.

Bar leaders argued these provisions tilted the trial process in favour of the prosecution. They contended that while regular appearances and bail arguments should be held through video conferencing, evidence should not be recorded by any of the witnesses, be it police or otherwise, from any place other than the court.

The dispute also revolved around the classification of witnesses. Formal witnesses are typically officers who sign off FIRs, accompany investigating officers, or manage the malkhana (property room). Material witnesses include investigating officers themselves or those who recover weapons and prepare seizure memos. Monday’s circular made clear that material witnesses would appear in person.

The strike had paralysed work in six district courts, with proceedings adjourned and “chakka jams” staged. Nearly a week of disruption had forced the Union home ministry to intervene, holding discussions with stakeholders and directing a temporary pause on the controversial notification. Lawyers also met Union home minister Amit Shah last week to press their case.

Bar Council of India chairman Manan Kumar Mishra, in a letter on Saturday, urged lawyers to call off their strike, citing hardships faced by litigants and their counsels. The final breakthrough came with Golchha’s fresh order.

Lawyers said the directive corrected what they saw as a flawed notification, issued earlier this month by lieutenant governor VK Saxena, that they argued undermined fair trial procedures. For now, the bar has declared victory, even as the demand for amending the BNSS provisions remains on the table.Meanwhile, senior police officers on Monday said the commissioner, through an order, has directed all DCPs, Additional CPs and other officers to ensure police personnel physically appear before courts for presenting evidence during criminal trials. Earlier, police had ordered that personnel can do the same from police stations to “ease” the proceedings. This led to clashes with district courts where lawyers alleged the directions were contrary to the assurance given by authorities.

A senior police officer said, “The earlier was issued only to ease proceedings and make things digitally accessible for complainants, witnesses and police. This also ensures that evidence is quickly recorded and produced, leading to easier dismissal in cases. However, due to the lawyers’ strike, the seniors have decided that everyone will appear before courts, even for deposition. Any further decision which will be taken in this matter will include all parties.”

(With inputs from Jignasa Sinha)