Excelsior Correspondent
SRINAGAR, June 4: J&K Judicial Academy today organized one-day Refresher Training Programme on Bail Jurisprudence-Basic Principles, Parameters and Conditions under Sections 437, 438, and 439 CrPC, Special Provisions on Bail under POCSO, NDPS Act, Reasonable Exercise of Judicial Discretion, Order Writing for District & Sessions Judges and Civil Judges of Kashmir Province.
The programme was organized under the patronage of Justice Pankaj Mithal, Chief Justice, High Court of Jammu and Kashmir and Ladakh, (Patron-in-Chief, J&K Judicial Academy) and guidance of Justice Dhiraj Singh Thakur, Chairman, Governing Committee for J&K Judicial Academy and Justice Sindhu Sharma, Justice Javed Iqbal Wani (Members of Governing Committee for J&K Judicial Academy).
The training programme was inaugurated by Justice Mohammad Akram Chowdhary and Rashid Ali Dar, Former Judge, High Court of J&K was the resource person in the programme.
In his special remarks delivered in the inaugural session, Justice Rashid Ali Dar exhorted the judicial officers to consistently strive for excellence in all pursuits of administration of justice. He also underlined the importance of continuous up-gradation of knowledge for enhancing judicial performance and encouraged them to work efficiently within the settled principles of laws while dealing with matters, particularly those relating to the liberty of an individual.
Justice Mohammad Akram Chowdhary emphasized that justice delivery is an essential activity for maintaining order in the society and described Article 21 as being at the heart of the Constitution and the most cherished right in a civilized society paving the way for the triumph of justice by preventing encroachment upon personal liberty and deprivation of life except according to procedure established by law.
He also underlined the indispensability of the concept and mechanism of bail in any criminal justice system as a saviour of the fundamental right to liberty as envisaged under the constitution. He advised the participants to employ reasonableness and judiciousness while exercising discretion of grant or refusal of bail and exert restraint while laying down conditions for grant of bail simultaneously ensuring the right to speedy trial and access to justice in addition to due procedure and fairness.
Shahzad Azeem, Director, J&K Judicial Academy presented the welcome address and gave an overview of the programme. He stated that the legal system is constitutionally obligated to protect its citizen’s freedom and liberty as contemplated under Article 21, forming the background for the development of law relating to Bailwhich is an integral part of criminal jurisprudence. He highlighted the essence of bail as an interplay between individual rights and the collective interests of the society and referred to the general principle of presumption of the innocence of accused till proven guilty as well as the parameters governing the grant or refusal of bail.
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