SRINAGAR, September 6: Under the guidance and patronage of Chief Patron of State Judicial Academy, Mr. Justice N. Paul Vasanthakumar, Chief Justice, High Court of Jammu and Kashmir and Committee of Judges, State Judicial Academy Mr. Justice Muzaffar Hussain Attar, Chairman, Mr. Justice Hasnain Massodi and Mr. Justice Janak Raj Kotwal Members Jammu and Kashmir State Judicial Academy today conducted one day “Inter-segment Conference on Criminal Justice Delivery system” for all District and Sessions Judges, District Superintendents of Police, Public Prosecutors and Chief Prosecution Officers of Kashmir province.
Mr. Justice Hasnain Massodi, Judge, High Court of Jammu and Kashmir was the Resource person in the pre-lunch session which was comprised of two sessions. Session-I was on the topic “Rights of the victim in Criminal cases” and Session-II was on “Rights of the Accused in Criminal Investigation and Trial”.
The proceedings were conducted by Mr. Pawan Dev Kotwal, Director, State Judicial Academy. In his introductory remarks, Director, State Judicial Academy welcomed the Resource person & participating Officers and deliberated on the need for organizing of such Conference for all the stakeholders of Criminal Justice delivery system.
In the 1st and 2nd Session, Justice Massodi addressed the participating officers in detail on the topics “Rights of the Victims in criminal cases” and “Rights of the Accused in Criminal Investigation and Trial”. His Lordship told the participants that the criminal justice system has been designed with the State at the center-stage and Law and Order is the prime duty of the State. The citizens in a welfare State are expected to have their basic human rights. These rights are often violated. A citizen is harmed, injured or even killed as a result of the crime. He/she is a victim of an act termed an ‘offence’ in the criminal justice system. The 1st and foremost right of the victim is to have the access to criminal justice system by virtue of which a victim of crime sets the criminal justice mechanism in motion whereby he gives information to the police and then the other rights like fair treatment, assistance, restitution and compensation comes later. His Lordship discussed each and every right of the victim of an offence in detail and gave many illustrations where the victims’ right are not taken care of and even violated. The rights of the victim are often forgotten giving weightage to the rights of accused only. The fair and expeditious trial is right of both victim and accused and as such, victim has to be participated actively. His Lordship took many questions from the participating officers and answered the same to their satisfaction.
The post lunch session was presided over by Mr. Justice Muzaffar Hussain Attar, Chairman Committee, State Judicial Academy and commenced with the presentations made by representatives of four groups of participating officers i.e. Judicial Officers, Police officers and chief Prosecuting officers and public prosecutors as to the various “Causes for Delay of criminal investigation and Trial and Remedial measures required to be taken”. Participating officers raised many issues which were responded to by the panelist comprising of Mr. Garib Dass Deputy Inspector General of Police, Ms. Dilshad Shaheen, Special Secretary Home and Mr. Dilshad Ahmad, Special Secretary Law.
In final and concluding remarks, Mr. Justice Attar appreciated the issues raised by the participating officers and concerns shown by them for remedial measures for expeditious and fair investigation and trial. His Lordship said that most of the causes given by the participating officers relate to the issues to be taken up and settled by the State, for e.g. separation of Investigating wing of police from law and order enforcement agency and State must take call to comply with the directions of the Supreme Court in this regard. His Lordship further stressed that despite many and limitations and constraints, all the stakeholders shall put in their un-tired efforts for cutting delays and fair trial. His Lordship said that dispensation of justice is a divine function and almighty has chosen all of us for the said purpose, therefore, every wing of the system responsible for administration of justice shall take their responsibilities and individual efforts would not only yield positive results but also will satisfy the conscious of the officers.
The programme was concluded with vote of thanks by the Director, State Judicial Academy who expressed his gratitude to the visiting Resource persons and participants and hoped that the programme/course might be beneficial for the officers especially to make coordinated efforts to achieve the ultimate goal of expeditious and fair trial and justice to the aggrieved parties.