Under the patronage of Acting Chief Justice, High Court of Jammu & Kashmir and Ladakh (Patron-in-Chief, J&K Judicial Academy), Tashi Rabstan and guidance of Chairperson, Governing Committee and Members of Governing Committee for J&K Judicial Academy, the J&K Judicial Academy organized two day sensitization programme on “The relevant provisions of BNSS on arrest, remand and bail with special reference to the Role of Trial Judges in ensuring just, fair and speedy trial (as guaranteed under article 21 of the constitution)” at its Jammu Campus, Janipur, Jammu for the Judicial Officers (Sr./Jr. Division) across the Jammu division along with Trainee Civil Judge (Jr. Division) through physical as well as virtual mode.
The training programme was inaugurated by Justice Rahul Bharti, Judge, High Court of J&K and Ladakh as member of the Governing Committee for J&K Judicial Academy, in presence of Justice Atul Sreedharan, Judge, High Court of J&K and Ladakh who was the resource person in the opening session of the first day.
Delivering his introductory remarks, Justice Rahul Bharti quoted Michaelangelo, an Italian sculptor, who once said "Every block of stone has a statue inside it and it is the task of the sculptor to uncover it." He highlighted that ensuring the dignity of an individual is the core of preamble of the constitution of India adding that being sensitive to the litigants we can uplift the society.
Justice Bharti gave various real life illustrations and reiterated that any institution doesn’t have an expiry date whereas what we contribute passes on to the next generation which only keeps the institution flourishing. He also interacted with the participants and elaborated on the purpose of remand including rejection of a remand. He advised the participants to be pro-active rather than passive listeners as individuality of an individual is on stake while undergoing a trial.
On the first day, the first session was chaired by Justice Atul Sreedharan, who in his very opening remarks quoted Former Chief Justice, MP High Court Justice Akil Kureshi and said, “Judges have no personal ambition and you have nothing to fear". Justice Sreedharan discussed the role and responsibilities of Trial Judges in ensuring strict compliance with the provisions for arrest and remand by assessing independently the necessity to justify such an arrest before granting a remand and not to go simply by the claims of arresting officer as gospel.
He discussed various powers and duties of magistrates. He exhorted the judicial officers to adopt a judicial approach and justice must be done in accordance with the law. He further elaborated that speedy trial is a fundamental right implicit in the broader sweep and content of Article 21 of the Constitution.
Justice Sreedharan added that aforesaid Article confers a fundamental right on every person not to be deprived of his life or liberty except in accordance with the procedure prescribed by law and the procedure so prescribed must ensure conclusion of trial within reasonable time frame for determination of the guilt of such person. The session was highly interactive and various aspects of the subject topic were discussed by His Lordship.
Rajinder Saproo, Registrar Rules, High Court of J&K and Ladakh, the resource person in the second session, gave a detailed overview of Provisions of Bharatiya Nagarik Suraksha Sanhita, 2023(BNSS) governing arrest, remand and Bail. The resource person lay threadbare and discussed various principles governing remand to Police/Judicial Custody and those amended provisions for the benefit of the participants.
He discussed the different remand provisions to be adopted for litigants in special cases like transgender, mother of child of age 6 or below, etc. He explained that Section 479 of BNSS, which is the counter-part of Section 436A CrPC, has brought some crucial changes in the provision granting bail to the undertrial prisoners, such as in early release of first-time offender, and obligation is now cast upon the jail Superintendent to move an application on behalf of the undertrial who completes one half or one-third of the maximum term of the sentence for the offence, as the case maybe, for which he/she is detained.
Y.P. Bourney, Director, J&K Judicial Academy, who will be chairing the session on second day as Resource Person, conducted the proceedings of the two day sensitization programme. All the sessions remained very interactive during which all the participants actively participated and shared their experiences, difficulties and also discussed various aspects of the subject topics. They also raised a number of queries which were answered satisfactorily by the resource persons.