SRINAGAR: Under the patronage of Chief Justice (Acting) Tashi Rabstan, the High Court of Jammu Kashmir and Ladakh, and the guidance of the Governing Committee for JK Judicial Academy, a two-day Sensitisation Programme on “The relevant provisions of BNSS on arrest, remand, and bail” was held at the Judicial Academy’s Srinagar Campus in Moominabad. This programme focused on the role of trial judges in ensuring just, fair, and speedy trials as guaranteed under Article 21 of the Constitution, a DIPR statement said.
The event, held for Judicial Officers from the Kashmir division and UT of Ladakh, including Trainee Civil Judges, was conducted both physically and virtually.
Justice Sanjeev Kumar, Judge of the High Court and Chairperson of the Governing Committee, inaugurated the programme. He emphasised the importance of the training in light of the new criminal laws effective from July 1, 2024. Justice Kumar discussed significant changes in the provisions for arrest, remand, and bail under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). He highlighted the resolution of conflicting Supreme Court judgments regarding police remand and the new law’s provisions allowing police custody within specified limits.
Elaborating further, Justice 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 the first 60 days in offences punishable with death or imprisonment for life or 10 years and 40 days in other offences.
Justice Kumar also spoke on the challenging task courts face in balancing the interests of the accused, the victim, and society at large in bail matters.
Rajiv Gupta, Member of the JK Special Tribunal, Jammu, chaired the first session. He provided an in-depth overview of the BNSS provisions related to arrest, remand, and bail, discussing principles governing remand to Police/Judicial Custody and amendments for participant benefit.
In the second session, YP Bourney, Director of the Jammu Kashmir Judicial Academy, discussed the emphasis on liberty and the necessity of arrest as established in the 1994 Joginder Kumar case. He underscored the judicial approach in light of Supreme Court precedents, including Siddharth vs. State of UP and Satender Kumar Antil vs. CBI.
Justice Atul Sreedharan chaired the working session on the second day. He discussed the responsibilities of trial judges in ensuring compliance with arrest and remand provisions, advocating for independent assessment of arrest necessity. Justice Sreedharan shared his experiences as both a prosecutor and defence lawyer, urging judicial officers to adopt proactive approaches and reduce delays by striking off unnecessary witnesses.
The programme featured interactive sessions where participants actively engaged, sharing experiences and raising queries, which were satisfactorily addressed by the resource persons.
This sensitisation programme aims to equip judicial officers with the necessary knowledge and skills to navigate the new provisions under BNSS, ensuring justice and efficiency in the judicial process.
