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The Bar Council of India has voiced strong concerns regarding a recent notification issued by the Lieutenant Governor of Delhi. This notification mandates that police officers provide testimony and evidence from their respective stations using electronic means, a significant departure from the long-standing practice of physical appearances in courtrooms. This decision has sparked widespread protest among lawyers in district courts, who have been abstaining from work since Friday to express their opposition to the new policy. The core of their argument lies in the potential compromise of the accused's rights and the integrity of the trial proceedings. Lawyers argue that the physical presence of witnesses in court is a fundamental aspect of a fair trial, and that remote testimony from police stations, spaces controlled by the investigating department, could undermine the credibility and spontaneity of their evidence. The Bar Council emphasizes that this measure, while intended to expedite trials and leverage technology, may inadvertently jeopardize the fairness and reliability of the legal process. The concern is rooted in the possibility of coercion, influence, or undue pressure on the witness when testifying from within a police station. This could potentially lead to biased or fabricated testimonies, thereby undermining the principles of justice and due process. The council advocates for a thorough review of the policy, emphasizing the need to balance the benefits of technology with the fundamental rights of the accused and the integrity of the judicial system. The legal profession fears that the move could set a dangerous precedent, paving the way for further erosion of traditional courtroom practices and potentially compromising the fairness of legal proceedings. The requirement of the witness's physical presence is not merely a formality; it serves a crucial purpose in ensuring that the witness is subject to direct scrutiny by the judge, the opposing counsel, and the jury. This allows for the assessment of the witness's demeanor, body language, and overall credibility, factors that are difficult, if not impossible, to gauge accurately through electronic means. The physical setting of the courtroom itself fosters a sense of solemnity and accountability, which may be diminished when a witness testifies from a remote location. This alteration in procedure raises questions about the potential for manipulation or interference, as the witness may be subject to external influences that are not readily apparent to the court. The legal community believes that the physical presence of the witness ensures a level playing field, where the witness is free from undue influence and can provide testimony in a neutral and unbiased environment. The Bar Council fears that the new policy could create an imbalance of power, favoring the prosecution and potentially disadvantaging the accused. This could lead to wrongful convictions and undermine public confidence in the justice system. The lawyers are demanding that the government reconsider the notification and engage in a meaningful dialogue with the legal profession to address these concerns. The lawyers emphasize the importance of upholding the principles of natural justice and ensuring that the accused receives a fair trial, regardless of the technological advancements being implemented in the legal system. They argue that technology should serve to enhance, rather than undermine, the fundamental principles of justice. The potential for abuse is a significant concern. The environment of a police station, inherently associated with law enforcement and investigation, could exert subtle or overt pressure on witnesses, particularly those who may be vulnerable or easily intimidated. The possibility of the witness consulting with colleagues or superiors during testimony, even if unintended, could compromise the spontaneity and authenticity of the evidence. The lack of direct observation by the judge and the opposing counsel makes it difficult to detect any signs of coercion or manipulation. The Bar Council contends that the physical presence of a witness in court is an essential safeguard against such potential abuses. The legal system relies heavily on the ability of the court to assess the credibility of witnesses. This assessment is based not only on the content of their testimony but also on their demeanor, body language, and overall presentation. These non-verbal cues can provide valuable insights into the truthfulness and reliability of the witness. Electronic testimony can obscure or distort these cues, making it more difficult for the court to form an accurate judgment. The quality of audio and video transmissions can also vary, further hindering the ability of the court to fully assess the witness's credibility. The physical presence of the witness allows for a more direct and immediate interaction, enabling the court to ask clarifying questions and probe inconsistencies in the testimony. This interactive process is essential for uncovering the truth and ensuring a fair outcome. The implementation of electronic testimony could also raise practical challenges. Technical glitches, internet connectivity issues, and power outages could disrupt proceedings and delay the administration of justice. The lack of adequate technological infrastructure in some areas could further exacerbate these problems. The need for specialized equipment and trained personnel could also impose additional costs on the court system. The Bar Council argues that these practical challenges could undermine the efficiency of the legal process and create further delays in the administration of justice. The lawyers also raise concerns about the potential for security breaches and the unauthorized recording or dissemination of testimony. This could compromise the privacy of witnesses and undermine the integrity of the court proceedings. The physical presence of witnesses in court allows for greater control over the security and confidentiality of the proceedings. The legal community believes that the new policy should be carefully evaluated to ensure that it does not create new security vulnerabilities. The legal profession is not opposed to the use of technology in the legal system, but it believes that technology should be implemented in a way that enhances, rather than undermines, the fundamental principles of justice. The Bar Council suggests that the government should explore alternative solutions that can address the concerns of both law enforcement and the legal profession. For example, the government could invest in upgrading courtroom infrastructure and providing better training to police officers on how to testify effectively. The government could also explore the use of video conferencing for preliminary hearings and other non-critical proceedings, while preserving the requirement of physical presence for key witnesses in trials. The lawyers emphasize the importance of finding a balance between the use of technology and the preservation of the fundamental principles of justice. The Bar Council's concerns are not simply about procedural formalities; they are about safeguarding the rights of the accused and ensuring the integrity of the legal system. The legal profession believes that the physical presence of witnesses in court is an essential safeguard against potential abuses and that the new policy should be carefully re-evaluated to ensure that it does not compromise the fairness of legal proceedings. The lawyers are committed to working with the government to find solutions that can address the concerns of both law enforcement and the legal profession, while upholding the principles of natural justice and ensuring that the accused receives a fair trial.
In addition to the concerns surrounding police testimony, the article also briefly mentions the Supreme Court collegium's recommendation for the elevation of two new judges. The collegium, a body of senior judges responsible for recommending judicial appointments, has proposed the elevation of Bombay High Court Chief Justice Alok Aradhe, whose parent high court is Madhya Pradesh, and Justice Vipul Manubhai Pancholi, Chief Justice of the High Court of Judicature at Patna, whose parent high court is Gujarat. This recommendation represents a significant step in the process of filling vacancies in the Supreme Court, which is the highest court in India. The appointment of new judges is crucial for maintaining the court's capacity to hear and decide cases, ensuring the timely administration of justice. The selection process for Supreme Court judges is rigorous and involves careful consideration of the candidates' qualifications, experience, and judicial philosophy. The collegium's recommendations are then forwarded to the government for approval. The government may consult with the President of India before making a final decision. The appointment of new judges to the Supreme Court can have a significant impact on the interpretation of laws and the direction of legal policy in India. The Supreme Court plays a vital role in upholding the Constitution and protecting the rights of citizens. The appointment of judges who are committed to these principles is essential for maintaining the integrity of the legal system. The collegium's recommendations are closely scrutinized by the legal community and the public, as they have far-reaching implications for the future of Indian law. The appointment of Justice Aradhe and Justice Pancholi would bring new perspectives and expertise to the Supreme Court, further enriching its deliberations and decision-making process. The Supreme Court's decisions have a profound impact on the lives of millions of people in India, and the appointment of qualified and experienced judges is crucial for ensuring that the court continues to serve as a beacon of justice and fairness.
The two news segments included appear unrelated beyond both falling under legal news.
Source: Bar worry over police testimony elbow room, cites fair trial concerns - Telegraph India