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The order comes almost a week after district court lawyers called off a strike against a notification passed on August 13, for setting up videoconferencing facilities in all police stations of Delhi. (Representative photo)
The Delhi Police on Thursday said that only formal police witnesses will be examined through the videoconference mode from designated police stations, and not material witnesses.
To be sure, a formal police witness in a trial is the officer who wrote or signed off the FIR based on the complainant’s statements, or an officer who carried out procedural duties relating to lodging the FIR. A material witness, meanwhile, is the investigating officer (IO) of the case, who prepared the case’s seizure report or the officer who recovered a weapon in the case.
The order, issued by the commissioner’s office and signed off by special commissioner of police Devesh Chandra Shrivastava, said, “Only formal witnesses may be permitted to be examined through videoconferencing. The examination of material police witnesses may continue to be conducted in physical mode, pending further consultation among various stakeholders”.
A copy of the order was accessed by HT.
The order stressed that this would ensure that while the objective of expedited proceedings and reducing delays is met, the sanctity and efficacy of the examination of crucial witnesses will also be maintained. The order further stated that in the event of a request from the defence counsel for examination of a formal police witness in person, the same may be considered by the presiding judge based on the merits of the case.
Meanwhile, the co-ordination committee of All District Courts Bar Association opposed the order and called for another strike from Monday. They said that the move was not in line with the discussions bar leaders had with the Union home minister earlier this week.
“…it categorises formal and material witnesses, discretion about appearance and leaving the whole jurisdiction of physical appearance on the concerned court, which was never discussed in the meeting…the agitation now will be in a more intensified manner,” the committee said.
The police order comes almost a week after district court lawyers called off a strike against a notification passed on August 13, for setting up videoconferencing facilities in all police stations of Delhi for deposition of police personnel through videoconferencing.
Lawyers contended that the notification disrupted the fair process of trials and gave police an advantage of manipulating evidence in their favour by deposing through police stations, instead of appearing in person before the court.
Following chakka jams across six district courts of Delhi and proceedings adjourned for almost a week, the strike was called off following an assurance from the Union home ministry on elaborate discussions with all stakeholders and an order issued by the Delhi Police temporarily staying the operation of the notification. Bar leaders met Union home minister Amit Shah on Tuesday regarding the same.
On Wednesday, the Delhi High Court deferred by eight weeks the hearing of a petition challenging the notification, after observing that an assurance has been made by Delhi Police regarding keeping the notification at abeyance.
Police officers, especially IOs, had earlier told HT that the notification would cut down on their travel time in the face of repeated adjournments and an already heavy load of cases. “Deposing virtually from a police station would help us join multiple courts within a short span of time and help us focus of daily law and order duties as well,” an officer had said.
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