Gujarat High Court Criminal Manual (subordinate court practice), 1977
It is not desirable that Judicial Officers should associate themselves with identification parades. The Civil Judges, Judicial Magistrates and the Metropolitan Magistrates are, therefore, directed that they should not participate in identification parades which are conducted by the Police for investigation purposes. In this connection, order in the Government Circular, Home Department, No. MIS-1053/34588, dated the 22nd April 1955, is reproduced below for the information of the Civil Judges and Judicial Magistrates and Metropolitan Magistrates. In the judgment by the Supreme Court in Ramkishan versus Bombay State, A.I.R. 1955, S.C. 104, it has been held that statements made before Police Officers by witnesses at the time of identification parade are statements to the Police, and as such are hit by section 162 of the Code of Criminal Procedure, 1898. In view of that ruling, it is necessary that such parades are not conducted in the presence of Police Officers. The alternative is to take the help of the Magistrates or leave the matter in the hands of Panch witnesses. There would be serious difficulties in Panch witnesses conducting parades successfully. In regard to Magistrates, it is not feasible to associate Judicial Magistrates with such parades. The only practicable course, therefore, is to conduct the parades under Executive Magistrates and Honorary Magistrates (not doing judicial work). Government is accordingly pleased to direct that the Police Officers concerned should obtain the help of Executive Magistrates and Honorary Magistrates in holding identification parades.