New Delhi: The Delhi police commissioner’s office on Thursday wrote to the principal district and sessions judges on the issue of examination of witnesses through virtual means.“Only formal police witnesses may be permitted to be examined through video-conferencing. The examination of material police witnesses may continue to be conducted in physical mode, pending further consultations among various stakeholders,” said the letter signed by special commissioner of police (crime) Devesh Chandra Srivastva. This would ensure expedited proceedings and reduced delays, as well as maintain the sanctity and efficacy of examination of crucial witnesses, the letter said, adding. “In the event of any request from the defence counsel for examination of a police witness in physical mode, the same may be considered by the learned presiding judge on merits.”While formal police witnesses are involved indirectly in the case, material police witnesses are those who have either directly witnessed the crime or are directly involved. On Aug 13, lieutenant governor V K Saxena had issued a notification designating all police stations in Delhi as places where police personnel could present evidence and depose before courts through video-conferencing. This triggered a protest from lawyers practising in Delhi courts, who objected saying this could lead to manipulation.Beginning Aug 22, the lawyers abstained from work for six days. The stir ended on Aug 28 after a meeting with a representative of Union home minister Amit Shah and a statement by the Delhi police commissioner clarifying that the notification would become operational only after all stakeholders were heard. Srivastva’s letter stated that the proposed arrangement would “facilitate a smooth and balanced implementation of the newly-introduced progressive provisions for virtual examination of witnesses in Bharatiya Nagarik Suraksha Sanhita (BNSS)”.
