Excelsior Correspondent
SRINAGAR, July 21: Under the patronage of Chief Justice (Acting), 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)”.
The programme was organised for Judicial Officers (Sr./Jr. Division) across the Kashmir division and UT of Ladakh along with Trainee Civil Judge (Jr. Division) through physical as well as virtual mode.
The training programme was inaugurated by Justice Sanjeev Kumar, Judge, High Court of J&K and Ladakh as Chairperson of the Governing Committee for J&K Judicial Academy, in presence of Rajiv Gupta, Member, J&K Special Tribunal, Jammu who was resource person in the opening session of the first day.
Delivering his inaugural address, Justice Sanjeev Kumar highlighted the need and significance of the training programme in view of the coming into force of the three new criminal laws with effect from first of July 2024. He delved upon some of the salutary changes made in the relevant provisions for arrest, remand and bail.
Elaborating further, Justice Sanjeev Kumar highlighted the conflicting judgments of two coordinate benches of the Supreme Court in Anupam Kulkarni and Vikas Mishra’s cases and consequent reference to the larger bench in B Senthil Balaji’s case as to whether police could ask for police remand after initial fifteen days of arrest. He said that provisions of Section 187 BNSS have now taken care of this question and as per new law, police can seek remand to police custody even after initial 15 days of arrest within the outer limit of first 60 days in offences punishable with death or imprisonment for life or 10 years and 40 days in other offenses.
He further emphasised that in every bail matter, court has the herculean task of balancing the conflicting interests of the three stakeholders; the accused who is facing the charge, the victim who is wronged and interest of the society at large in maintenance of rule of law for peace and harmony.
The first session was chaired by Rajiv Gupta, who gave a detailed overview of Provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governing arrest, remand and bail. The resource person discussed various principles governing remand to Police/Judicial Custody and those amended provisions for benefit of the participants.
Director, J&K Judicial Academy, Y.P. Bourney, was the resource person in the second session. He discussed that way back in the year 1994, in Joginder Kumar versus State of U.P. emphasised that arrest shouldn’t be made simply because police have the power to do so. He added that in the constitutional scheme, paramountcy is given to the liberty and power to arrest must be exercised only as a necessity. Therefore, any person facing accusation of being in conflict with law is first to invoke the bail jurisdiction of court, he added.
He emphasised the judicial approach in the light of precedents and guidelines including various judgments of the Supreme Court titled Siddharth vs. State of UP; Satender Kumar Antil vs. CBI, etc.
On day 2, the working session was chaired by Justice Atul Sreedharan, Judge, High Court of J&K and Ladakh, who 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 claim of arresting officer as gospel.
Citing from his personal experiences at bar; both as prosecutor as well as defence lawyer, he discussed various provisions incorporated in the CrPC and now in BNSS. He exhorted upon the judicial officers to adopt a proactive approach and cut the delays by getting the unnecessary witnesses struck off after having a word with the prosecutor.
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