Some of the longterm convicts that participated in the workshop.

From the 04^th to the 06^th of October, IBJ India jointly conducted a three-day para-legal training in Jodhpur, Rajasthan. The training was conducted in collaboration with CHRI (Commonwealth Human Rights Initiative), State Legal Service Authority (Rajasthan), and District Legal Service Authority (Jodhpur).The overall goal of this workshop was to train longterm convicts in basic legal issues and procedures, especially relating to pre-trial detention and speedy trial. When trained properly, longterm convicts become in-house legal resources, and they are therefore potential significant resources in jail administration. Their knowledge as para-legals enables them to spread legal awareness and to assist undertrial and freshcomer prisoners in their jail.

Mr. Ajay Verma talks to one of the convict.

The workshop was titled Saksham Legal Capacity Building Workshop, a name capturing the essence of its goal in the word “Saksham”, translated to “capable” in English. We gathered about 20 literate longterm convicts in the hall of the prison complex in Jodhpur Central Jail. The prisoners participated actively in the sessions and many of them showed a big potential to be future para-legals in the jail. “A 72 years old man serving a lifetime sentence, came up to me and said that this training was the definite highlight of his 22 years of imprisonment. This is my definite most memorable moment of the workshop”, Said Mr. Ajay Verma, Advocate & Fellow IBJ India.

Friday the 04^th of October was the first day of the workshop and was kicked off with an interactive session, in which the convicts’ knowledge about issues like prisoners’ rights and the right to an effective and speedy trial was mapped. As our previous experience from these kinds of events shows, the inmates usually do not have basic knowledge on these issues. The Superintendent of the Jail, Shri Rakesh Moham, talked about the role of para-legals and prison officers in prison management and reform. Mr. Ajay Verma then talked about IBJ’s work with prisons. The movie “Bol Bosanto” was screened, and followed up with a discussion on the movie’s topic, namely: What is law?

Excercise on client-lawyer relationship made the convicts have fun.

Day one continued with an interactive session, conducted by Mr. Verma (IBJ India) and Mr. Raja Bagga (CHRI). They explained the rights available during trial, and made the convicts share their own experiences. Certain images of court-,policestation-, and jailscenes were shown, and the inmates were asked to explain what they were seeing and to share their own stories with the group. Further, Mr. Verma led a session on the importance of a good client-lawyer relationship. This was done by roleplay exercises, for example, half of the convicts were acting clients and the other half were acting lawyers. They used their own experiences to argue their cases. This activity was conducted to find out what the convicts have gone through and what problems they have faced with their lawyers, problems it is less likely that they would have shared face to face with them. Many convicts do not even talk with their lawyers, which often just take their papers without interacting any further with their client. The activity also made the convicts laugh and have some fun in a, at times, heated discussion between the clients and the lawyers.

Excercise on client-lawyer relationship made the convicts have fun.

The next session on Avadhik Samiksha Samiti was chaired by Shri Mukish, Chief Metropolitan Magistrate. Mr. Rakesh Mohan, Superintendent, Jodhpur Prison was also present as co panelist as both persons are ex-officio representatives of the Periodic Review Committee (PRC). The Committee was created in 1979 with the mandate to ensure that the undertrials’ right to freedom is properly ensured. The Committee is supposed to frequently review the situation of every prisoner awaiting trial. It is thought that giving the para-legals information about the PRC will help them understand their larger role in the delivery of justice for other prisoners and explain to them how they in their role as para-legals can assist in strengthening the Committee.        

Written excercises were a significant part of the workshop

The second day was kicked off with an open session, where the convicts came forward and requested Mr. Verma from IBJ India to listen to and take up their cases. The morning session  focused on bail, plea-bargaining, appeal and parole. Exercises were done to equip the para-legals in drafting bail applications, plea bargaining applications, parole and appeals. The convicts were given casestories, and asked to draft bail applications, which were reviewed in plural. Other topics covered on the second day were eligibity, referral authorities and the following-up process.

On the third and last day of the paralegal training, the movie “Pehel” was screened followed by a discussion. The aim was to visualize the structures that would be needed for effective functioning of paralegal work in Jodhpur Central Jail. Also, some time was devoted to talking about bailable offences, under sections 107 and 151 in the Indian Criminal Procedure Code (Cr. P.C.). Under Section 436 states that if a person is not able to furnish bail for a period of one week, and he does not have a surety, according to the section he is supposed to be released on furnishing a personal bond. The objective of the workshop was to train longterm convicts in a way so that their potential resources in jail administration are enabled. The workshop focused on the difficulties faced by those held in pre-trial detention and stressed how longterm convicts can assist them, while at the same time it helped the convicts to gain insight into their own legal rights. We have a very good relationship with the prison authorities in Jodhpur Central Jail and they also requested us to come back for similar events soon. Because of all these things, IBJ India considers the training as very satisfying and is happy to have been a part of it.

Mr. Ajay Verma leading a session on different legal issues.

First Session of the workshop dealt with Rights and Problems of the Accused behind Bars, and was chaired by Mr. R. K. Saxena, Former Inspector General, Rajasthan Prisons and Honorary Consultant with CHRI. He started the discussion by focusing on the premise that every individual is innocent until proven guilty and is required to be dealt with accordingly; also, the problems faced by under trials were stressed. The questions that followed the discussion were answered effectively and to the satisfaction of the participants. The following session focused on Client Interview and was moderated by Mr. Ajay Verma. Mr. Verma made the session interactive from the very beginning by starting qawwali session, wherein, the participants were divided in two groups of lawyer and client, and were asked to sit on opposite sides. What followed was an active discussion from both sides that revealed the problems that a client or a lawyer might face while interacting with each other. It was emphasized by Mr. Verma that it is necessary to build a relationship with the client and the importance of showing concern to the client and the case. In other words, the client should not feel that he/she is merely another file to the lawyer as this leads to poor getting poor justice and effective advocates remain out of reach to them.

The day continued and the post-lunch session articulated the Duties of Defence Lawyer, and the same was jointly chaired by Mr. Anshuman Saxena, an Advocate in Rajasthan High Court, and Mr. Ajay Verma. All the duties as laid down by the Bar Council were enumerated and, further the requirements that a lawyer should fulfill, when the client is poor, in order to give provide effective representation were discussed. An insight was shared by Mr. Saxena, wherein he mentioned that a proper legal aid case can work as a spark for you and it will open the gate for many cases. Last session of the first day was by Ms. Aarthi Ranjan, an advocate, and dealt with Elements of Fair Trial. The day ended on the note that fast track courts does not mean fast track convictions but fast track judgments, as fair trial also means a trial without undue delay.

Second day of the workshop started with a recap of previous day, and a session dealing with Common Illegalities – Standards, Practices and Remedies followed. This session was led Ms. Abha Joshi, Advocate and an Activist, and the same was informative in respect of various illegalities that are suffered by the undertrials or even convicts. The center of this session were four case studies that were distributed amongst the lawyers present and the discussion was on the basis of the same. These four case studies were of a juvenile accused of theft, a life term convict who was tortured in jail, a Dalit undertrial who died while in judicial custody, and lastly, of an accused who was encountered when he tried to abscond. It was pointed out by Ms. Joshi that illegalities occur everywhere and it is the duty of a lawyer to challenge them. Another point of importance that was spoken about was Plea-bargaining, and how the lawyers should not agree to something that they might regret at a later date. A documentary called ‘Bol Basanto’ was screened for the audience and the same dealt with the atrocities committed by police officials. The message highlighted in the documentary was that the police is not above law but is for the protection of law.

The last session of the workshop was a Panel Discussion on Common Practices that Contribute to Delays. The Panel was constituted of Ms. Joshi, Mr. Verma and Mr. R.K. Saxena and was moderated by Mr. Anshuman Saxena. The ways to deal with delays were discussed and to rectify them in the best interest of the client. The lack of a Magistrate or a Police Official in the Panel was felt, as that would have provided insight of the other side as well.

The workshop concluded by presentation of gifts to the resource persons as a token of appreciation and gratitude by Mr. Mohun. A promise was made by the advocates present to implement the insight provided by the workshop in their endeavor to become successful trial court advocate