Author name: IBJ India

International Bridges to Justice India (IBJ India) in association with Commonwealth Human Rights Initiative (CHRI) conducted a day long workshop for Trial Advocates on Lessons on Cross Examination of Witnesses in securing justice for the accused on 24 April, 2011 at Hotel Om Towers, Jaipur. The purpose of the workshop was to highlight the importance of cross examination of witnesses in a criminal trial and to strengthen the skills of budding lawyers in effectively defending the accused by understanding the basic rules of examination of witnesses and their cross examination. The session also highlighted the common errors committed in conducting examination and cross-examination of witnesses that result in miscarriage of justice for the accused. The day’s session began with the inauguration of the workshop by Hon’ble Mr. Justice R.S.Chauhan (Judge, Rajasthan High Court). He emphasized that lawyers should be armed with the knowledge of forensics and medical science as well when dealing with criminal cases. A good criminal lawyer is a good psychologist he said. “You will have to cross examine every type of witness differently” said Justice Chauhan. He stressed that advocates should understand people before they understand the laws. According to him golden rule of effective cross-examination is that every lawyer must study the charge sheet, FIR, statement of witnesses very carefully as lawyers have to contradict the witnesses when they give their statements. The site of crime should be visited, post mortem report should be studied, and the site plan must be compared with facts stated. He emphasised that books on medical jurisprudence should be studied very utmost care. He pointed out that at the time of cross examination, there is hardly any Narcotic Test or Brain Mapping on the spot; in such a scenario, body language of a person and his gestures such as eye movement can be very crucial. Next Session was taken by Mr. Ravi Yadav a leading criminal defence lawyer in Jaipur practising at the Rajasthan High Court who about The Common Rules and Tips on examination and cross examination of witnesses. He highlighted the golden rule to be observed at all times that a good lawyer never looses his temper in court even if the case is going against him. Patience always pays. He mentioned that “whenever you read a charge sheet, a picture should start running in your mind. In cross-examination, the ‘charge’ should be the priority. Keep in mind that you have to demolish the charge, and ask questions accordingly.” Mr. Ravi Yadav, a Leading Criminal Defence Lawyer from Jaipur Rajasthan focusing on The Common Rules and Tips on examination and cross examination of witnesses. Third Session session focussed on the importance of examination of  Expert witnesses (Specially Medical Experts). Dr. Sumanta Dutta , Asst. Prof., Forensic Medicine Department) from SMS Medical College, Jaipur gave a detailed presentation on the importance of examination of expert witness and how knowledge of medical science can benefit the advocates in cross-examination of medical experts in a trial. Dr. Dutta prepared a presentation on Human Anatomy and according to him every lawyer should know that thoroughly. He explained the most delicate parts of the body and how failure of some organs can cause sudden death. He stressed that a defence lawyer must be aware of all these things and should utilize the information that scientific medicine can furnish. Dr. Sumanta Dutta , Asst. Prof., Department of Forensic Medicine SMS Medical College, Jaipur (Extreme RIght) Explaining Human Anatomy The last session was a mock demonstration of cross-examination of witnesses by Ajay Verma, Advocate, Fellow, International Bridges to Justice. A scenario was prepared and explained to the students. It was murder cases where the few Participants were asked to play different characters and the other Participants were then asked to cross examine them. The idea was to have each participant an experience of art of cross examination by participating in the simulation exercise. The participants seemed very enthusiastic about this exercise and realised cross examination is not such an easy nut to crack. Mr. Ajay Verma showing Demonstration of Mock Cross Examination with the Assistance of a Volunteer Participant A Participant experience a Mock Cross Examination of Witness Participants One of the participants was very excited and shared in the feedback that that this was his first workshop of this type by which he gained valuable knowledge and it will be definitely help him in effective defense if accused.

In May 1999, Mohammed Faruk was a young teenage migrant from Bangladesh. With no family or money, he had crossed the border into New Delhi, India looking for work. By August of that year, young Faruk had been arrested for murder and was sent to Tiha prison in New Delhi. Indian law states that a juvenile under the age of eighteen can serve no sentence longer than three years. He was tried by a Sessions Court at Delhi and convicted despite being a juvenile. Faruk was detained for nearly ten years after being sentenced to life in prison- the punishment prescribed to adults. A stranger in a foreign land, Faruk had neither friends nor family to help him. He did not have any document to prove his age. As a poor migrant with no money and no family, Faruk had no means by which to attain a lawyer. It was only when Ajay Verma, IBJ’s India Fellow, came across Faruk’s case did he realize that Faruk had been illegally detained for nearly a decade. With the help of Ajay, Faruk filed a petition for his release before the Delhi High Court. The Court then ordered that Faruk undergo an ossification test in order to determine his current age so that his age at the time of the alleged incident could be calculated.  The report of a medical board revealed Faruk’s current age to be between twenty-five and twenty-eight years old. This indicated that Faruk had indeed been under the age of seventeen at the time of his arrest. The Delhi High Court has thus ordered Faruk’s release. Despite having order in his favor, Faruk was not set free, but rather he was sent to an illegal migrants’ detention center. On the basis of a news report submitted by Ajay Verma before the Delhi High Court, the court took cognizance and summoned the state authorities and requested the production of Faruk before the Court. The state authorities undertook to arrange his return to Bangladesh within a week with proper documentation. Now Faruk has reached his home and his parents, who thought him to be dead, are overjoyed to be reunited with him. Faruk’s story is an all too common one in India. Fortunately, the work of Ajay exemplifies what can be achieved when basic legal aid is provided to those who need it.

On March 3, 2011 IBJ’s India Fellow, Ajay Verma, hosted a delegation of justice officials representing Helmand PRT from Helmand, Afghanistan. The officials included Chief Justice of the Helmand Appeal Court, Syed Hossein Najibi; the Chief Prosecutor of Helmand, Khoshal Shafa and the Director of the Department of Justice, Haji Mohammed Taib. The officials were on an informational trip to New Delhi and sought to increase their knowledge of the Indian legal system by meeting with local prosecutors, defense lawyers, judges, and justices. On the fourth day of their visit, Helmand PRT’s delegation attended a meeting hosted by IBJ’s India Fellow, Ajay Verma. The meeting took place in an Advocate’s robbing room and was attended by New Delhi prosecutors and defense lawyers. In the meeting, members discussed the differences between the role of the prosecutor and defender in India and in Afghanistan. In India, members discussed, prosecutors are actively involved in assessing whether cases should go to trial and preside over courtroom litigation. Chief Prosecutor Khoshal added that in Afghanistan, prosecutors are much less involved- a detail that highlighted the difference between adversarial and inquisitorial systems. The New Delhi defense lawyers then explained to the Helmand group that in India, defense lawyers are independently practicing and represent indigent clients under the Delhi Legal Services Authority. In India, organizations exist at most courts and prisons to ensure that those who require legal assistance receive it-regardless of their financial status. Chief Justice Najibi of Helmand then added that in Afghanistan, a legal aid system exists also. The quality of the aid offered by the Afghan system, however, is extremely poor and inadequate compared to that in India. By the end of the meeting, all participants agreed that they had increased their knowledge of the differences between legal systems, bettered their understanding of roles lawyers play in different countries, and acknowledged the importance of a strong, efficient legal aid structure.

On February 5th and 6th, IBJ India and the Commonwealth Human Rights Initiative (CHRI) jointly conducted a training workshop on the rights of the accused and effective representation. The workshop took place in Rajasthan, India, and educated 50 local lawyers on the importance of the constitutional rights of the defendant and effective criminal defense practices. The training additionally highlighted the need for criminal defenders to serve the needs of their clients, to ensure their clients’ free and fair trials, and to identify and alleviate common problems within the criminal justice system. The workshop officially commenced with the inaugural speech of Justice Ajay Rastogi of the Rajasthan High Court. Justice Rastogi’s inspirational speech addressed the fundamental importance of the rule of law in a democratic and constitutional society. He further stressed that trainings like those conducted by IBJ were instrumental in promoting equality and justice in societies that struggle to uphold the fundamental rights of the people. After Justice Rastogi’s speech, the first day of the training began. The first day of the training comprised of four sessions that broached topics such as prolonged detention, overcrowding in prisons, elements of fair a trial, and client interviews. The latter two sessions were conducted by IBJ’s very own India Fellow, Ajay Verma. In his sessions on the elements of a fair trial and client interviews, Ajay stressed the importance of lawyers’ responsibilities to their clients. Ajay emphasized that among a lawyer’s duties are those of providing trust, confidentiality, competence, honesty, and full discretion. At this point in the session, the trainees participated in an interactive “mock interview” in which they honed their client interview skills and identified commonly made mistakes. The second day of IBJ and CHRI’s training included workshops on the procedure of arrest, common illegalities, common delays, and securing bail from lower and high courts. During these sessions, speakers addressed the fundamental responsibilities of lawyers to their clients. In particular, Ms. Alka Bhatnagar, the Government Prosecutor of the Rajasthan High Court, stressed that lawyers and police officers must work in coordination, not opposition. She stressed that lawyers and police officers are the foundation of the criminal justice system, and only through mutual cooperation can they tackle issues such as illegal detention. At one point in the workshop, lawyers were invited to participate in a panel discussion held by Mr. Verma and several other lawyers that focused on overcoming common problems in effective criminal defense. Many participants shared the difficulties they often had in gaining access to their clients, and panel leaders encouraged them to increase their understanding of basic criminal law in order to become aware of their clients’ rights. At the end of the two days, participating lawyers praised the success of the workshop. Many stated that they had learned more in the past two days than in their entire careers as criminal defenders. The success of the trainings has brought widespread requests for future trainings and CHRI invited IBJ India Fellow Ajay Verma to join their strategic planning meeting panel.

In the last four months of 2010, IBJ Fellow Ajay Verma was honored on two separate occasions for his vital work in India. An international youth leadership award was granted to Ajay in recognition of his success in leading IBJ’s programs in India, and an international legal conference invited Ajay to participate in a panel discussion of legal aid and pro bono practice in India. Both events provided valuable opportunities for Ajay to spread the word about IBJ’s critical mission, both in India and worldwide. In September, Ajay was selected by the Junior Chamber International (JCI) Osaka to be one of its “Outstanding Young Persons.” JCI Osaka is a member organization of Junior Chamber International, a worldwide organization consisting of young professionals and entrepreneurs between the ages of 25 and 40. The Outstanding Young Persons (TOYP) program invites young, outstanding leaders from around the world to take part in a forum to encourage mutual understanding and communication among different countries. Other honorees included an American who coordinates efforts to combat poverty and hunger in India, a communications director from Global Green, a  Nigerian working on hunger relief, and a doctor from a Cambodian children’s hospital. These honorees were introduced and welcomed to Japan to inspire the youth in Osaka to pursue similar paths in social entrepreneurship and to strive to make positive changes in the world. JCI Osaka recognized Ajay’s work as a lawyer for the poor and acknowledged his efforts with IBJ to strengthen India’s criminal justice system. Before more than 1,000 guests, Ajay was given the opportunity to share his thoughts about legal aid, IBJ’s mission, and the importance of treating the entire global community as a family. As part of the program, honorees were introduced to the culture and business of Japan through social activities and tours. Dignitaries also attended the ceremony to celebrate the success of the honorees, including the U.S. consul, corporate leaders, and the Crown Prince of Japan. Gaining recognition as an outstanding young leader not only bolsters Ajay’s successes with IBJ India, but also exposes young, motivated individuals in Japan to learn about IBJ’s global mission and the importance of strengthening criminal justice infrastructure and spreading the rule of law around the world.In November, Ajay was invited to speak at the 23rd Conference of Lawasia. Lawasia is an international organization of lawyers’ associations, individual lawyers, judges, and legal academics who focus on the interests and concerns of the legal profession in the Asia Pacific region. The conference spanned four days, and included substantive seminars on specific areas of law (such as consumer protection, or international law) as well as a wealth of networking opportunities. Attendees included leading advocates from around the world, including India, Canada, Japan, Australia, Malaysia, and Singapore. Distinguished jurists and government officials from India also attended, including former Supreme Court Judge the Honorable Mr. Justice VR Krishna Iyer and Honorable Mr. Justice AK Sikri of the Delhi High Court. 2010 Outstanding Young Persons (TOYP) of JCI Osaka (from left, Dr. Varun Kumar, Ruben Aronin from Global Green, Jessica Mayberry from Video Volunteers, and Ajay Verma of IBJ India). Ajay was invited to speak about legal aid and pro bono practice in India. Ajay took the opportunity to tell those in attendance how legal aid practice works in India, and how IBJ India endeavors to improve that practice. Ajay highlighted IBJ’s international training conference, held in New Delhi in 2008, and the numerous regional training conferences and panels held around the country since then. Additionally, Ajay discussed the challenges facing legal aid in India, including the need for sensitization of the judiciary and better training for defense lawyers. Finally, Ajay concluded with a powerful message to inspire the private sector participants to join in the effort to deliver effective legal representation to indigent criminal defendants in India. Participants who attended the panel left the event better informed about IBJ India’s role in building a sustainable infrastructure for legal aid in the country, and how those efforts fit into the global movement to guarantee basic rights to the accused. Panelists at the working session on Legal Aid & Pro-Bono: Current Trends (from left: Mr. M.N. Krishnamani, Senior Advocate, Supreme Court of India; Ms. Seita Vaidyalingam, Advocate; Mr. Bishwa Mainali, Senior Advocate, Supreme Court of Nepal; and Ajay Verma, Advocate & IBJ India Fellow).

On November 18, 2010, IBJ INDIA, in conjunction with the Delhi Legal Services Authority (the Indian equivalent of the public defender system), hosted a “Workshop on Effective Legal Aid Advocacy” at theIndia Habitat Centre.  Approximately thirty advocates attended the workshop, representing district courts throughout New Delhi. Left: Dr. K.N. Pillay delivers inspiring open remarks. Right:  Legal Aid advocates engage in a discussion about their practices and share experiences. Those who attended the workshop included legal aid lawyers (public defenders) with a varying amount of trial experience and officials from the Delhi Legal Services Authority (DLSA) (the government authoritycharged with administering legal aid in New Delhi), including Ms. Asha Menon, Member Secretary of the DLSA. The workshop was split into three sessions.  Dr. K.P. Kylasanatha Pillay, Senior Advocate at the Supreme Court of India, delivered introductory remarks that inspired the legal aid lawyers about the purpose of the workshop and their profession in legal aid law. The workshop first included an open discussion amongst the lawyers about the challenges they are facing as legal aid attorneys.  The lawyers also provided comments on what they would like to see in IBJ’s 2nd Edition of the Criminal Defence Resource Manual, a project currently underway.  This discussion was very productive, as these trial advocates communicated the problems they are facing (for example, not having a court file on time or not having access to the latest legal resources). Additionally, the trial advocates made important suggestions on the Criminal Defence Resource Manual, such as including sentencing issues.  The results of these discussions will shape IBJ INDIA’s current and future efforts and programs. Top left:  Volunteer lawyer Andy Haas supervises and engages with Legal Aid advocates on cross-examination and client interview techniques.  Top right:  Volunteer lawyer Puneet Kakkar moderates discussion on challenges facing Legal Aid lawyers today.  Bottom:  Legal Aid lawyers prepare for interactive training sessions. Second, the workshop included a one-hour interactive seminar on cross-examination and client interview techniques.  This session was led by Andy Haas, volunteer lawyer for IBJ.  The attorneys used a fact scenario that was distributed to them before the event.  At the workshop, for the client interview exercise, participants divided into groups of two, and one participant assumed the role of the client and the other assumed the role of the attorney.  The client was provided special instructions to fabricate answers during the first minute. After the session, the participants assuming the role of lawyers shared what the information they received. When attorneys found out that some of the information they received were fabricated, they discussed techniques on how to avoid such a pitfall.  Conversely, when attorneys received crucial information from the client, they shared the types of questions they asked to get such information.  For the workshop on cross-examination, the pairs reversed roles (the attorney who earlier acted as a client now became an attorney).  The attorneys practiced their cross-examination techniques to elicit crucial information for the case. Third, the workshop concluded with remarks by Mr KTS Tulsi, one of the renowned criminal law advocates, who discussed his experiences.  Mr. Tulsi discussed the importance of thorough fact investigation and how to bring out those facts during criminal proceedings.  Further, the participants heard from Justice Pradeep Nandrajog of the Delhi High Court.  Justice Nandrajog, who is reputable for his opinions in criminal law, spoke to participants about the nature of their work and his perspective of effective criminal advocacy, including cross-examination of expert witnesses. Left: Mr. KTS Tulsi addresses advocates about cross-examination.  Right: Honorable Mr. Justice Pradeep Nandrajog engages in an interactive discussion on criminal law. After the event, participants continued to hold inspiring discussions informally over High Tea.  Participants expressed the importance of having dialogues that analyze the current state of the legal aid system in India, and meeting with their colleagues to exchange stories, learn about successful methods, and grow together as legal aid advocates.

On July 18, 2010 forty participants in Kotputli,Rajasthan India came together to discuss “The Role of Lawyers for Effective Justice.”  Kotputli is a town about 100 kilometers east of Jaipur. The Panelist were the Additional District & Sessions Judge, Shri Vinay Kumar Gupta, Registrar, Armed Forces Tribunal, Delhi, who came from Delhi, Shri V K Gaud, The Additional Superintendent of Police, Kotputli, past presidents of Kotputli District Court Bar Association Mr. Ashok Saini and Mr. Richpal Chawdhary, Chief Medical Officer Dr. Mahesh Agrawal, Professor Sher Singh principal Tagore Law College, Kotputli and Renowned Advocate Bajramg Sharma. Print Media Journalists were also present and observed the discussion. The discussion was started by Ajay Verma, Fellow of IBJ & Chairman IBJ INDIA by introducing International Bridges to Justice and its works in India. He also focused the  importance of understanding moral responsibility of Lawyers in effective Justice. He also urges the Lawyers of Kotputli to team up to improve the Legal Aid System in Kotputli. Ajay Verma, Advocate Introducing IBJ and Appealing to all to team up to improve the Kotputli’s Legal Aid Work Former President of Kotputli Bar Association Addressing the Participants Shri V.K. Gaud, Additional Superintendant of Police, Kotputli provided insight to the participants on importance to examine the police witness and urged the need of district investigation centers equipped with the Cameras and Modern facilities for for examination of suspects. This way transparency and allegation of police torture can be reduced. Shri V.K. Gaud, Additional Superintendent of Police, Kotputli Mr. V.K. Gupta, ADJ said that because an accused may be a victim, legal aid is necessary for them as well and the common person can also stand for his case but has more emotions and less knowledge of the law so they need the help of a responsible advocate. In addition, it is the duty of an advocate to treat his client properly. Shri V.K. Gupta, Additional District & Sessions Judge, Delhi  Addressing the Participants Mr. V.K. Gupta, AD & SJ, Delhi and Shri V.K. Gaud Additional Superintendent  of Police, Kotputli Shri Sher Singh, Principal of Tagore Law College focusing the Role of Law Students in Legal Aid Many advocates also spoke on how they felt about the legal system in their Jurisdiction. They suggested that while advocacy is a noble profession, there should be counseling on how to deal with clients. They also encouraged that advocates should push for mediation and compromises in criminal cases instead of jumping right into court. In addition, they said that each advocate should have one legal aid case a month and the legal aid committee should provide facilities for legal aid lawyers so there can be more lawyers doing legal aid work. These advocates said that when they come across a poor person, they do what they can to guide him whether or not he is their client. Participants found the discussion to be helpful and encouraging and requested another panel discussion be held with the Bar Association in the near future. Professor Sher Singh also wants to do a campaign coordinating his students in villages with IBJ India. Print Media Journalists in the Event At the end of the sessions it was requested by the Bar Leaders to organize another panel discussion at the court complex. Ajay Verma, Advocate & Fellow IBJ urged and got assurances from the Law college Principal to team up with the Kotputli Bar Association to improve the Criminal Justice System and Legal Aid work in Kotputli. Bar. Law college offered its willingness to conduct legal Aid clinic, Right awareness in Rural area with the supervision of IBJ INDIA and Bar Association. Soon IBJ India would be organizing a right awareness camp in the rural areal of Kotputli.Rajasthan Blog by Anisha SIngh, IBJ India Intern

On June 12th, 2010 about thirty Criminal Defence attorneys gathered in Coimbatore, India to learn about “The Role of Lawyers for Effective Justice.” The following day, the conference was held in Mahe, India where another thirty attorneys participated. These were the fourth and fifth events held by IBJ India after its First International Criminal Defence Training Program in New Delhi. Previously a panel discussion was also held in New Delhi in Sep 2009 and besides two training events held in Pondicherry and Kolkata last year.  Continuing on a path to raise awareness and teach ways to improve the issues affecting lawyers in India, the Coimbatore and Mahe conferences were successful. Participants at Coimbatore Conference A diverse group of trainers came to speak to the participants on a variety of topics throughout the day.  Sanjeewa Liyanage, International Bridges to Justice’s Program Director, flew in from Geneva, Switzerland and began the program with an introduction to IBJ, its purpose, goals, past events, and activities.  In a post-training survey, participants said they found this helped them better understand the organization as a whole. Sanjeewa Liyange, International Program Director IBJ, Geneva speaking at the Mahe Event After a short tea break, speaker Dr. K. P. Kylasanath Pillai, a Senior Advocate from Supreme Court of India, a recognized face in Kerela amongst Legal Fraternity and Academia, spoke to participants about the importance of cross-examination and how to effectively cross-examine a witness.  During this presentation, a training video from the IBJ Legal Training Resource Center was shown to the participating attorneys. Overall, participants thought this session was the most relevant and useful to their careers and rated it as the best of the sessions. They found Mr. Pillai to be a very motivational speaker. Dr. K.P. Kylasnath Pillai, Senior Advocate Speaking at Mahe Following this, Ajay Verma, Fellow IBJ, spoke on the client and lawyer relationship. In particular he gave a step-by-step instruction on how to conduct interviews and spoke on his personal experiences with clients.  Participants felt the information, teaching methods, and materials for this session were very good and effective. Ajay Verma, Advocate & an IBJ Fellow, spoken the lawyer-client relationship After lunch, the conference resumed with a session on defense strategies by Mr. Pillai, who spoke on the various ways to effectively defend your client against the prosecution in trial. Hon’ble Judge K. Uthirapathy, Member Secretary Union Territory of Pondicherry Legal Services Authority, also came to the conference as a Guest Speaker and followed Mr. Pillai with his talk on the “Role of Lawyers in Initiation of Criminal Cases” and ethics and professional responsibility of attorneys. One participant said, “Learning about the professional responsibility and ethics of an attorney is very important these days and I think IBJ did well by presenting this in this conference.” This keynote address by Hon’ble Judge K. Uthirapathy was also inspiring to us; it made us realize how lawyers can be a strong support to the Criminal Justice System. His enthusiasm and passion was reflected by his stories and poise. Hon’ble Judge K. Uthirapathy speaks at Coimbatore Conference The final session after another short tea break was a reflection on what was learned and developed during the day’s conference. This Visioning exercise? also focused on what the participants thought should be improved in the Indian justice system and what their future goals are. This encouraged and motivated participants to take what they learned during the training and utilize it effectively in their respective practices. On the whole, participants left saying they would recommend the training to others because it was interesting and they themselves are very likely to attend another IBJ conference if given the opportunity to do so in the future. Participants came from all regions and age groups– some just started their practice and have only worked on one case, while others had seventeen to twenty years of experience. Most fascinatingly, the participants in Mahe, a small town where there is only one judge who handles all kinds of cases, were particularly unique and diverse, including the president of the Bar Association and paralegals.  This inspired some interesting interaction because the Union Territory of Pondicherry Legal Services Authority (UTPLSA) is the only authority to have started the Paralegal System effectively in their area. The UTPLSA has trained the paralegals, mostly women, to help the fellow women in small matters, and it is said to be working effectively. In all, the lawyers gathered not only to learn from the trainers, but also to share their own wisdom that they have acquired from a number of years of practice. Their individual input and feedback throughout the conferences added diversity and light to the events. Those less outspoken and more reserved even took initiative by the end of the day and actively participated. The success of such events is vital to the development and education of lawyers in India. With this positivity and drive, IBJ India is conducting our next event; a panel discussion on July 18th at Kotputli, Rajasthan Group Pictures of Participants & Trainers at Coimbatore Group Pictures of Participants & Trainers at Mahe, Union Territory of Puducherry, India Blog by Anisha Singh, IBJ India Intern

Article 22 of the Constitution: (1) “No person who is arrested shall be detained in custody without being informed, as soon as may ne, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. (2)“Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours of such arrest and no such person shall be detained in custody beyond the said period without the authority of the magistrate”According to the Indian Constitution, No one can be arrested without being told the reasons for his arrest. If arrested, the person has the right to defend himself by a lawyer of his choice and an arrested citizen has to be brought before the nearest magistrate within 24 hours.During Karen’s visit (IBJ CEO) in India on February 2010, particularly in prisons in Kolkata, violation of the article 22 of the Indian Constitution was noticed. The violation is scandalous and the situation must change quickly. It was seen judicial custody’s of the under trials is being extended by the Magistrates without actually seeing the accused. Though the accused are coming to court lockups from the prison but they are not being produced before the court. During the trial if the lawyer wishes that his/her client’s presence is required then he has to move an application for production of his/her client which is clear violation of the Constitutional Rights.This violation is part of a big challenge for the Legal Services AuthoritiesIn India, under trials constitute 66 % of the jail population (80% in Delhi). The jails are overcrowded as can be seen from the fact that occupancy rates in excess of the capacity of jails is over 36 % in the country, whereas in Delhi, it is 186 % (and 279% in the central jail n.2: Tihar prison).During a recent visit of the Central Prison, Tihar (Largest Prison in South East Asia), one measure looks obvious. IBJ must assist prison authorities to help them to overcome with the problem of the overcrowding prison population. There is urgent need to have a dedicated team of lawyers who can render their services to the poor inmates who can’t afford to engage private lawyers.IBJ can bridge the communication gap between the Jail inmates and the Lawyers who would pursue their cases. And this concept could have a double effect: help prisoners to access to a counsel and fight against overcrowding.This measure could improve the respect of the article 39 A of the Constitution which requires the State to “secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability”.In order to deliver this constitutional promise, the Indian Parliament enacted, in 1987, the Legal Services Authorities Act (LSAA) which gives an expansive meaning to “legal services’. Categories of persons automatically entitled to legal aid are listed in section 12 of the LSAA. Network of legal aid is set up at the village, district and state level. The two mains objectives of the National Legal Services Authority are the organization of lok adalats and the delivering of free legal aid. A lok adalat is intended to be a mechanism to encourage a consensual resolution of a dispute. Legal aid consists in delivering an attorney at people of weaker sections of the society. Legal Services Authorities after examining the eligibility criteria of an applicant provide him counsel at State expense, pay the required Court Fee in the matter and bear all incidental expenses in connection with the case. The person to whom legal aid is provided is not called upon to spend anything on the litigation once it is supported by a Legal Services Authority. Moreover, Section 304 of the Criminal Procedure code guarantees that “if the accused is not represented by a pleader, and where it appears to the court that accuse has not sufficient means to engage a pleader, the Court shall assign a pleader for his defense at the expense of the state”.But, this double perspective – lok adalaks and legal aid- showed itself ineffective: the combination of 4 factors explains the inabilityof the LSA to deliver a real speedy legal aid: legal services are poorly unutilized because there is a lack of awareness of the availability of legal aid, a common sense that free service is incompatible with quality service, a lack of lawyers delivered by the LSA and a disinterestedness of lawyers and legal aid administrators in respecting article 22 and 39 A of the Constitution . IBJ Aims to work with the Government and quasi government authorities to assist them to overcome with these challenges. Organizing right awareness campaigns for General Public besides frequent trainings programs for the lawyers who team up to render their services to the poor. By this way the Lawyer would be able to cater effective services to the marginalized section of the society.

IBJ-India and Delhi High Court legal service committee (DHCLSC) organized a Panel discussion on 25.9.2009. The topic of the discussion was “Access to Justice: common Hurdles & Challenges”. Senior Police officers from Delhi Police, Standing Counsel (Prosecutions), a Senior Doctor from department of forensic All India institute of Medical Science and renowned Academician participated in the Panel discussion to identify common hurdles and challenges in Access to Justice. The event was inaugurated by Hon’ble Mr.. Justice Madan B. Lokur, Chairman, DHCLSC. Hon’ble Chairman remarked that DHCLSC & IBJ INDIA has taken this initiative on “Access to Justice: common Hurdles & Challenges” as there are several facet to access to justice which needs to be looked into. The purpose of holding the discussion was to find out some solutions to overcome those hurdles. Hon’ble Chairman, DHCLSC remarked that there is lack of awareness amongst the general public about the existence of institutions which provide free legal aid. There is also lack of awareness about entitlement of legal aid, which keeps it’s real beneficiaries away from it. It was emphasized that there are two important hurdles one is lack of awareness and second is lack of quality. Free legal aid should not be poor legal aid. Panelist Mr.. Sunil Gupta Principal Law Officer, Central Jail Tihar addressed about the common hurdles which are being faced in case of under trials and convicts lodged in Tihar Jail. Mr.. Gupta informed that Delhi prison is overcrowded, and there are presently 11600 prisoners lodged in the Tihar Jail against its sanctioned capacity of 6200 prisoners. Around two year back the number of prisoners was 14000. Around 83% of the prison population comes from the income start which is less than 4000 per month. To arrange legal aid for such segment of the prisoner is a huge task and legal service committee is doing its their best to meet the expectation. However, the efforts are inadequate because of huge population of such segment. In Delhi, around 35% of the prison population come from outside and it is difficult for them to arrange surety after they have been granted bail by the courts as a result of which they continue to languish in the prison. Those who are unable to furnish surety in such cases, should be released on personal bond if the trial courts find them so fit. Another Hurdle in Access to Justice identified by him was illiteracy. Around 37% of the prison population is illiterate. In Delhi 83% of prison population comprises of under trials. Dr. Sudhir Gupta, Department of Forensic Medicine AIIMS suggested that it is very important factor in Police investigation how a police officer has conducted the investigation. If he is unaware about the scientific investigation then it may be fatal to the case. Dr. Sudhir Gupta pointed out common problems faced by the IO during investigation of on sexual offences particularly in collection of sample and their perseverance Sh. Karnail Singh, IPS remarked that everybody whose rights have been violated should have an access to justice. Generally a common man does not know the remedies available to him under the law. Quality and knowledge of IO are the most important factor in the quality of investigation. Sh. Karnail Singh pointed out that inordinate delay in the forensic report causes delay in the trial. Sh. Karnail Singh emphasized that Advocates have a significant role in justice Delivery system. It was suggested that punishment awarded should be reformative in nature. Sh. Karnail Singh expressed his concern on the issue that victim/complainant does not have much say on the entire system. Sh. Singh suggested that computerization of all the agencies involved in criminal justice system is essential part of effective criminal Justice System. Ms. Mukta Gupta, Standing Counsel (Now sitting Judge of Delhi High Court) emphasized that lack of interaction with the clients is always fatal in the Court Case. An Advocate or Legal Aid Lawyers must do Good Homework before arguing the matter before a court. Inspection of Trial Court Record is always necessary before arguing the matter. She also informed about the guidelines issued by the High Court in sexual offences cases Prof. S.C. Raina remarked identified that unnecessary adjournments is a curse to the right of the accused. Lack of awareness and Language Barrier is another factor in Access to Justice. During the interactive discussion with Participants it was identified that low cooperation from the police is also a serious hurdle. Often people are denied of information about their case that is against them and denial in Access to counsel during interrogation is still a major challenge. The event was concluded with the closing remarks by Secretary, Delhi High Court Legal Service Committee. The session came to an end by vote of thanks delivered by Sh. Ajay Verma, Advocate on behalf of IBJ (INDIA).