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The Lok Adalats in the jails helped the prisoners, especially those whose trials were murky and did not involve legal counsel.
The Lok Adalats in the jails helped the prisoners, especially those whose trials were murky and did not involve legal counsel.
More than 450 prisoners walked free in Chhattisgarh after Lok Adalats – a first of its kind program anywhere in the country according to authorities – were held in jails across the country. in the state on October 15.
These courts are held every working Saturday and provide relief for sub-trials and, in some cases, incarceration of prisoners, by explaining their rights and legal options such as pleadings and decision.
Justice Goutam Bhaduri of Chhattisgarh High Court, who is also the executive chairman of the State Legal Services Authority (SLSA), visited the Central Jail in Raipur and launched these Lok Adalats in all the jails simultaneously by virtual mode.
According to Praveen Mishra, Secretary, Raipur District Legal Services Authority, or DLSA, the aim of the operation is to dispose of cases quickly and reduce the congestion in jails.
More than 20,000 prisoners are lodged in various jails in Chhattisgarh, against an authorized capacity of 14,000, said Director General (Prisons) Sanjay Pillay. Of these, about 12,500 are under investigation, he said.
Mishra tells him that he hears nationally wrote a petition in the ‘Sonadhar Vs State of Chhattisgarh’ case, the Supreme Court sought to reduce overcrowding in Indian prisons. “Earlier this year, the Hon’ble SLSA of Chhattisgarh came up with the idea of Lok Adalats. The idea was accepted by the Hon’ble Supreme Court and it gave directions in this regard,” he said.
All sub-trials, listed for offenses in the Criminal Procedure Code (Cr.PC) heard by a magistrate – such as petty theft, housebreaking, and forgery, can be heard to these Adalats. In addition, those who have been detained under preventive measures for offenses such as rioting or violating specific laws such as the Tax Act or the Railway Act are eligible.
“They have to wait a long time for their release because they are not familiar with the terms such as plea bargains that admit guilt after a long stay in prisons and reduce the rest of the sentence. punishment Even if they know, they cannot attend the courts regularly. However, judges cannot leave the court during working hours. So the Lok Adalats become a bridge through which the lower courts can get justice faster,” said Mr. Mishra.
Explaining their work, he said that the cases were first identified in each district through discussions with the prison authorities. Law enforcement officials and group lawyers were then assigned to explain the program and its consequences to the inmates.
“This gave them a chance to ask their questions at a time when they couldn’t say they weren’t fully informed about the process,” he says.
Case files are sent to two judges appointed by the SLSA who visit each prison and establish a special panel, which serves as the presiding officer.
“These security officers will talk to the prisoners about the maximum sentence that can be imposed on the person and decide whether the prosecutor has agreed to the release of the accused person. Even if they don’t use their magical powers, they can in some cases. For example, if the accused admits to the crime, and there is a possibility that he will be released, but the accused refuses, the executive chairman has the right to free the former person,” said Mr. Mishra.
Among the 85 prisoners released in Raipur, there were also a few prisoners who had completed their jail term but could not pay the fines associated with it. In some cases, the DLSA identified families who had lost contact with or were connected to NGOs that came forward to pay the fines.
However, the number of those released (85) is barely a fifth of the 489 cases reported in the district. Explaining the first reason for the emotional opposition to what is necessary for the release, Mr. Mishra because they felt that even if a plea could get them out of jail, it would leave them with a life sentence. “sentenced” for life.
“We will bring it by any means possible but the law enforcement authorities cannot force anyone. Whether it is the accused, the perpetrator, the punishment or the dismissal, the most important thing is justice for all, they should be empowered,” says Mishra.
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