Delhi: Why did the lawyer rage on testimony from video conferencing in police stations, what did LG count? Learn everything

The Delhi District Court Bar Association has continued the strike in protest against LG’s notification,

There is a ruckus against the order of Delhi Lieutenant Governor VK Saxena. The lawyers have gone on strike. There is a demand that the Lieutenant Governor withdraw his order. The lawyer community believes that this order not only affects the principle of judicial freedom but also hurts the rights of the advocating community. Earlier, the lawyers of district courts jumped in this movement. Now the Delhi High Court Bar Association has also come up in this matter.

Now the lawyers of the High Court will appear in the court by tying black lace. The possibility is also being expressed that if this notification of the Lieutenant Governor is not returned, then the movement of lawyers can go out of Delhi. Come, know what is the entire order of the Lieutenant Governor? Why is it being opposed? What are the arguments of both sides? Has anything happened before this?

Which order is being opposed?

The Lieutenant Governor of Delhi has recently issued an order, according to which special arrangements will be applied to monitor the pending cases in the courts and control certain procedures. It is being told that the objective of this order is to make the judicial system more accountable and time bound. The order has some administrative provisions which may affect the functioning of lawyers, their freedom and their direct role.

Advocate Ashwini Kumar Dubey of the Supreme Court says that the Lieutenant Governor has made arrangements through a notification that a conference room will be built in every police station in Delhi. From there, police officials can give their statements, testimony etc. in the courts through video conferencing. They say that there is no such system anywhere in the country. This is also not right from legal point of view.

The points on which the lawyers object to the order?

  • It is alleged that through this order, efforts are being made to indirectly curb the roles of lawyers. The order imposes some formal conditions on the process of appearing in the court and authorized representation.
  • This order also raises questions on judicial freedom. The right to monitor law and order can spoil the balance between the executive and the judiciary.
  • No formal discussion or consent was taken from the lawyers and the Bar Council before making such orders.

Delhi Bar Association landed in protest

Notice

The Delhi District Court Bar Association has opposed the authorizing the record of evidence to the video conferencing room in police stations.

What do Lt. Governor say?

  • Easy functioning: It has been said by the LG office that work will be easier with this system. The LG office argues that this step should be considered part of judicial reform for the future.
  • Easy access to justice: Common citizens have frequent dates and prolonged cases. The purpose of the order is to speed up the pace of cases.
  • Transparency: Monitoring and accountability of court procedures is necessary, so that the trust of the public is maintained.
  • Parallel responsibility of law and order: Since Delhi is the national capital and there is a big administrative structure here, the direct interference of LG has been justified in various institutional reforms.
  • No right violation: The order is only for administrative convenience. This does not have any direct impact on the legal freedom of lawyers.

Has this order happened before?

In the judicial system of the country, the order like the Lt. Governor or the Governor directly interfering in the courts is considered rare. Generally, the boundaries between the judiciary and the executive are clearly different. From time to time, High Courts or State Governments have made suggestions or committees to improve the condition of pending cases of courts. But this work is mostly done through the judiciary or legislative task force.

The structure of Delhi in the Constitution is complex due to the Union Territory. Here the Lieutenant Governor has some privileges, but the history of direct intervention on courts and advocacy discipline is not found first. In some states, the administration had decided to implement security, CCTV and technical system in court premises. But hardly anyone has taken the step like the laws and lawyers have taken the step of directly applying the rules. From this point of view, this order of Delhi has become a Nazir and that is why the lawyers have described it as a dangerous beginning.

If everything is good then why objection the lawyers?

Lawyers and Bar Association say that the order of the Lieutenant Governor is wrong in many points.

  • Violation of constitutional structure: The judiciary and advocacy system is part of the third pillar of the Constitution. The direct intervention of the executive weakens judicial freedom.
  • Ignoring consultation: An opinion was not taken from any lawyer organization, bar council or judicial unit before the order.
  • Impact on career and freedom: If the lawyers will not be able to represent their clients independently, then their professional autonomy will be affected.
  • Nazir’s danger: Once this order is implemented, the tradition of curbing the judicial system can start by the executive in other states and institutions in future.
  • Justification of strike: Lawyers believe that the strike is not only for their interests, but it is an issue related to the right to get justice for the common citizen.
  • Debate on judicial autonomy: The Constitution has considered balance between different institutions. This episode further intensifies the debate that how far the executive can interfere.
  • Effect on citizens: The common man’s expectation rests from the court that the decisions will be fair and independent. If the citizens feel that there is external pressure on the courts, then trust may stagger.
  • Political aspect: The politics of Delhi has already been filled with disputes in the relations of the Central and State Government. Many people are also looking at LG’s order in political context.
  • The strength of the lawyer community: In Indian democracy, the lawyer community has always led the important movements. This strike is also possible to affect for a long time.

What do experts say?

Advocate Ashwini Dubey of Supreme Court expands the issue. He says that when the police officers come in front of the court, the case gets a new direction during the debate. In criminal cases, the role of the police is found concocted many times. If the video gives a statement through conferencing, testifies, then it will remain on its fixed version. It is necessary for justice that police officers come to the courts. Be a part of the debate.

This conflict between the Lieutenant Governor and the lawyers in Delhi raises a deep constitutional and democratic question. Does the executive have the right to pass administrative orders in judicial matters? While the Lieutenant Governor calls it a step of reform, it is a question of their existence and freedom for lawyers. No concrete preceding example of such order is found, due to which this matter has become even more important.

The solution to this crisis will come out of dialogue and mutual understanding. If the government and the judiciary together agree to reduce the burden and delay of cases, then the citizens will get justice and the professional freedom of lawyers will also be safe.

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