Advocate Kapil Madan has filed a Public Interest Litigation before the Delhi High Court challenging a government notification that allows police officers to depose in court cases from within their respective police stations through video conferencing. The notification, issued on 13 August 2025 with the approval of the Lieutenant Governor, designates all police stations in Delhi as official venues for recording such testimonies.
The petition argues that the move strikes at the root of the right to a fair trial under Article 21 of the Constitution, as police officers would be testifying from their own institutional precincts under the influence of colleagues and superiors. It further alleges that the decision creates an arbitrary classification under Article 14 by granting police witnesses a privilege not extended to civilian or defence witnesses.
Advocate Madan has also contended that the notification undermines judicial independence under Article 50, bypasses the Delhi High Court’s Video Conferencing Rules, and conflicts with the statutory mandate of the BNSS, 2023. Citing Supreme Court precedent in State of Maharashtra v. Dr. Praful Desai, the PIL submits that video testimonies must only be recorded in neutral venues under judicial supervision.
The petition seeks quashing of the notification as unconstitutional, ultra vires, and prejudicial to the fairness and impartiality of criminal trials.