BHADERWAH: On the directions of Justice Tashi Rabstan, the Chief Justice (Acting), High Court of J&K and Ladakh and Executive Chairman, J&K Legal Services Authority, the District Legal Services Authority (DLSA) Bhaderwah organized a legal awareness program for prisoners at the District Jail Bhaderwah here today . The program was aimed to educate the prisoners on their legal rights and bail procedures.
The programme was held under the supervision of Amit Kumar Gupta, Member Secretary, J&K Legal Services Authority and under the guidance of Ramesh Lal ( Sub Judge), Secretary DLSA Bhaderwah whereas on the occasion Supdtt Distt Jail Habibullah Naik was also prersent . Resource Person of the Programme Advocate Mohd Majid Malik Panel Lawyer DLSA , a legal expert, imparted awareness, clarifying doubts and providing valuable insights to the prisoners.He explained the process and benefits of plea bargaining to the prisoners, enabling them to understand the option of negotiating with the prosecution.
The prisoners were made aware of their fundamental rights, including access to legal aid, medical facilities, and humane treatment. He informed that Section 436 of the CrPC mandates the release of an indigent or poor person on bail without the requirement of surety. It allows the person to execute a bond to appear before the court without asking for any surety.The court shall consider any person unable to provide bail within seven days from the date of their arrest as indigent or poor.
The principle is that bail, rather than jail, is the rule and depriving a person of liberty is the last resort.Panel Lawyer also informed them about the bail provisions and the role of Under Trial Review Committees in expediting the trial process.Resource Persons intercated with jail inmates and also discussed all the provisions pertaining to Plea Bargaining lucidly along with its practical aspects. He also explained the importance of securing the Rights of Prisoners & various bail provisions provided by the Code of Criminal Procedure in the light of recent Apex Court Judgments and also threw light on new three criminal laws which included BNS , BNSS and BSA 2023 .
The rights of prisoners in India are enshrined in both the Constitution and the Code of Criminal Procedure. These rights include the right to be treated with dignity, access to legal representation, a speedy trial, medical examination to prevent torture, and the right to be present during trial proceedings, Panel Lawyer of DLSA informed added that additionally, prisoners have the right to be informed about the grounds of their arrest, access to bail, and to be released on probation for good conduct.
The principle of bail over jail is emphasised, especially for indigent or poor prisoners. These rights of prisoners safeguard the fundamental principles of justice, fairness, and human rights, ensuring that even individuals in custody are treated with respect and due process under the law, Advocate Mohd Majid Malik said . Advocate Mohd Majid Malik also said that Section 273 of the CrPC provides that all evidence and statements must be recorded in the presence of the accused or their lawyer and explained Section 309(1) of the CrPC which provides that in every inquiry or trial, the proceedings shall be held as expeditiously as possible.Section 303 of the Code of Criminal Procedure (CrPC) empowers prisoners to be defended by a lawyer of their choice.Section 304 of the CrPC provides that in certain cases, legal aid is to be provided at the state’s expense.He also threwlight on Article 20(2) of the Constitution of India which guarantees that no person shall be prosecuted and punished for the same offence more than once.
