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| Training program on "Just Sentencing Policy and Procedure" held | | | Early Times Report
Jammu, Sept 17: Jammu & Kashmir State Judicial Academy in its endeavour to further strengthen Judicial skills regarding just sentencing policy and procedure, victim compensation under Code of criminal procedure, victim compensation scheme organised one day special training programme for the Judicial officers of Jammu province on Sept 17 in the State Judicial Academy at Jammu under the guidance and patronage of chief patron of State Judicial Academy, Justice N. Paul Vasanthakumar, Chief Justice, High Court of Jammu and Kashmir and governing body of the State Judicial Academy Justice Muzaffar Hussain Attar, chairman and Justice Janak Raj Kotwal, member, Jammu and Kashmir State Judicial Academy.
Proceedings were conducted by Abdul Rashid Malik, director, State Judicial Academy. In his introductory remarks, director, State Judicial Academy extended warm welcome to Justice Bansi Lal Bhat, former Judge, High Court of Jammu and Kashmir for gracing the occasion and highlighted the long line of judicial pronouncements of the Jammu and Kashmir High Court which recognise in no uncertain terms a paradigm shift in the approach towards the victims of crime who were held entitled to reparation, restitution, compensation for lost and injury suffered by them.
Malik emphasis that the amendments to Code of Criminal Procedure brought about in 2012-13 focussed heavily on the rights of victims in a criminal trial, particularly in trials related to sexual offences. He also highlight that Sections 545, 545-A, 545-B and 545-C of CrPC confer a power coupled with a duty on the court to apply its mind to the question of awarding compensation in every criminal case because power to award compensation was intended to reassure the victim that he or she is not forgotten in the criminal justice system.
Justice Bansi Lal Bhat presided over the sessions. His Lordship gave an overview of the criminal justice system in light of the leading supreme court judgments. His Lordship threadbare discussed provisions of CrPC relating to victims compensation with special reference to sections 545 and 545-A in light of supreme court judgement in Manohar Singh's Case. His lordship interacted with judicial officers and responded to all the queries raised by the participant judges regarding grant of compensation to the victims of crime.
Justice Bhat highlighted that there are no legislative or judicially laid guidelines to assist trial court in meting out just punishment to accused facing trial before it after he is held guilty of charges.
Court takes into account combination of different factors while exercising discretion in sentencing that is proportionality, deterrence, rehabilitation, mitigating and aggravating circumstances etc. Punishment shall be just, adequate and commensurate with the guilt of the accused.
There was open house discussion and the judicial officers shared their rich experience while dealing with the victims of the crime and passing the sentences.
The training program was concluded with the vote of thanks by the Director, State Judicial Academy with the request to the judicial officers to implement the provisions relating to victim compensation in letter and spirit by reaching out to the victims of crime, as the judicial officers are also heading District Legal Services Authorities and Tehsil Legal Services Committees.
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