[11th November 2024 – 21st November 2024]
By: Md Nomaan
(NALSA Intern – November, 2024)
2 Year Law Student – Lloyd Law College
11/11/2024 - Visit to the LADC office and understand its working/functioning.
On 11th of November 2024, we had a visit to the LADC (Legal Aid Defence Counsel) Office which was on the 1st floor of Utility Office (Saket District Court). The Head of LADC, Shri. Vikram Kumar Saini asked us to accompany an advocate for his visit to the courts so that we understand the nitty-gritties of the legal system. He filed a bail application at the counter of CMM (Chief Metropolitan Magistrate) and informed us that if the application is filed before 11:00 AM, we can get that case on the same day after 2:00 PM. Otherwise, the case extends to the next day.
He then asked us to enter into different courtrooms present there. We, the interns, divided ourselves into small groups and then entered different courtrooms. I saw the hearings of criminal cases. Basically, the hearings were taking place from different stages of trial. The lawyers were taking extension of dates and some pleading for evidence from the other party while in some hearings the police were presenting the witness for the cases.
The judges were resolving the things quite quickly. Later we realised that if not so, it is not possible for a judge to decide upon 70 cases on a daily basis. It points out the burden upon the judiciary. In another court the hearing was almost over for a particular case and the Judge Ms. Tarunpreet Kaur, ACJ-CUM-CCJ-CUM-GJ, was deciding what to do next. She said that numerous summons have already been passed since 2021 and it's 2024. What's going on? Still, she said ki, 'Ek aur summon bhejo'. Afterwards, I asked our accompanying lawyer what is the step further to issuing summons and if the next person does not appear. He explained to me that the court issues a warrant against the person and the police declare the person as 'Bhagoda' and catch him/her.
Then we returned back to our office and after lunch we went to more court hearings in the Family Court. We saw some 4-5 case hearings. They were really informative. I learnt how the lawyers shape the case through some subtle points. Also, I saw how difficult the situation becomes for the judge to adjudicate upon some of the critical cases. I also got to know about the various types of cases that come to the courts.
Then we had our meeting at 2:30 PM with LADC Chief Shri Vikram Kumar Saini sir. He, along with three Deputy Legal Aid Defence Counsels, explained to us about the hierarchy of the LADC system, its need, aim, and comparative study with the American and South African legal system. Also, he informed us about the professional skills and requirements along with resolving our queries. The hierarchy of LADC system in South district, Saket consists of one Chief of Legal Aid Defence Counsel, three deputies and four Assistant Legal Aid Defence Counsels (currently three due to one having resigned recently). We also learnt about the defender system in various countries.
12/11/2024 - Visit the LADC office and understand its working/functioning.
On 12th November, 2024 our experience was further nuanced as we were given a file of a case to read and notice how the Chief of LADC undertook the proceedings on his behalf. The hearing was in Court No. – 201 of Shri. Purushotam Pathak - Additional Sessions Judge 05 (South).
The Head of LADC called us to Court No. 201 as he had a charge hearing this day. The court was busy taking the statements of different witnesses. After some wait, at around 12:00 noon the LADC Head took the permission from the hon'ble judge to begin the hearing of the case as the statement taking procedure would take long. The LADC head started and pointed out a different angle in his case. He said that to attract Section 426 of IPC, mischief must be committed and for mischief to be committed there must be proof of damage. But since in the case at hand there was no damage to the shop so it doesn't attract Section 426 instead it must attract Section 425.
Along with this he also pleaded to the hon'ble court to have a look at the video recordings of the CCTV camera. He also said that since there was a bottle of 1 Liter petrol as evidence. This, however, doesn't explicitly point out that the accused wanted to burn the whole building, which obviously was not also possible.
We were also informed by the LADC head that the stages of the criminal case goes on as:- Offence -> FIR -> Charge Sheet -> Determination of offences in court (prima facie) -> Charge. Then again, at 3:00 PM, we had our meeting with LADC Head sir. Today, he asked us to analyse the case and we had a mock moot in the meeting room itself with the interns divided into two groups each given the bare acts and asked to represent Public Prosecutor and Legal Aid Defence respectively. In between the LADC Head aided, guided and pointed out different loopholes. It was a great learning experience. Also, we discussed another case.
13/11/2024 – Visit to Remand Courts, Vulnerable Witness Room, Mediation Centre and Police Station.
On that day, we went to Court No. 211 of Shri. Sankalp Kapoor, Judicial Magistrate first class, South, 04 and saw the proceedings that were going on. Today, we learnt extensively about court mannerism and the honorable judge was very particular about it. Also, I came to know about the significance of knowing about one’s whereabouts as one of the accused, who had no information about his address, was strictly taken in judicial custody by the judge doubting him for possibly escaping the legal proceedings. A bunch of senior advocates came and pleaded for him. However, the judge was firm in his decision. This also points to the power in the hands of the judge.
Then we had a meeting with the Chief of LADC at 12:30 P.M. in which we were briefed on everything about our visit to LADC and whatever we had learnt and experienced. Also, the Chief of LADC gave us warm blessings and guidance for different roles we are going to play in the near future.
After lunch, we approached Shri Anil Butta sir for our visits to Remand Courts, Lockup, Mediation Centre, Vulnerable Witness Room and others. However, it was taking a long so we directly approached Shri Vivek Kumar Agarwal, DJS – Full Time Secretary, South District Legal Services Authority, Saket Courts, Delhi. Who instantly gave the permission to grant orders for our visits.
Also, we decided to prepone our visit to the police station on the same day. As a result, we started with a mediation centre in which we spent some time noticing the proceedings. It was informative to see how the proceedings unfolded quite informally as compared to the civil and criminal proceedings. After this, we visited remand courts and vulnerable witness rooms. It was an enriching experience to observe the setup of the Vulnerable Witness Room which provided total confidentiality and fearless environment to the victim. We were also informed about many nitty-gritties of both of them.
Next, was the visit to Lockup. However, due to lack of orders we were not allowed. As a result, we walked to the Saket Police Station. It was a bit far. However, the experience there was also great as we were informed about subtle aspects right from A till the very Z in the police station. After this, we had some photoshoot and then departed for our respective homes.
14/11/2024 – DM Office, South District and Lockup, Saket Court
This day we started with our visit to the Lockup. It was a great interaction with Shri Udai Malan sir, Sub-Inspector posted there. One of the police personnel accompanied us to view and understand different areas and functioning within the lockup. We also got to interact with the legal aid advocate present there. We asked many questions which were duly addressed by him.
Next, we began with our visit to the office of the District Magistrate. First of all there, we met Shri Rohit, Advocate – Supreme Court present there who briefed us about every minute functioning, jurisdiction and powers of the DM and his office. Next, we met Shri Rahul Saini sir, Additional District Magistrate, South Delhi. He too interacted with us and guided us for our future goals along with talking at some length about the system and its working.
Next, we met Shri Pawan Kumar sir, Sub-Divisional Magistrate, South District Delhi. He, after our introduction, talked at length about future possibilities and legal intricacies and his workings. Next, we met Shri Mukesh Kumar ji, Sub-Divisional Magistrate - Hauz Khas. While interacting he informed us that he belonged to Sikar, Rajasthan. He also informed about his previous experiences at his posting in Daman, Dadra and Nagar Haveli Daman and Diu.
After some time, we met Shri Mekala Chaitanya Prasad, IAS District Magistrate, South Delhi. He is truly a personality with lots of experiences and teachings for budding aspirants like us. He interacted with us at length about our aims, workings and functioning of the DM office. He also wished us for our bright future and gave us some eternal mantras for succeeding in any field of profession in the future. He also bid us adieu by suggesting we read good books. The most thrilling aspect was to know that he too was previously posted in Dadra and Nagar Haveli and Daman and Diu and played an essential role in the establishment of Gujarat National Law University Silvassa Campus. The day ended in high spirits.
16/11/2024 - Juvenile Justice Board and Observation Home
This day we had to directly reach Juvenile Justice Board 1 which is in Mukherjee Nagar. Soon after visiting there ASI Harshvinder sir arrived there to assist us for the visit. We started by observing the proceedings there in the Juvenile Court. The senior judge was not present that day. However, the proceedings were undertaken by one of the additional judges. After watching 3-4 proceedings we departed to Room No. 7 in which we were informed in detail about the functioning, legal intricacies, procedure, case examples, punishments, bail procedure, observation homes and much more by one of the legal aid advocates present there. He also has all of our doubts surrounding the juvenile legal framework.
Next, we went to the Observation Room and there met with the officers and then attached to Shri Yogendra, Wellness Officer-JJB 1, who was one of the three Wellness Officers at JJB 1. Truly, he showed us every part of the observation home like the Dormitory, Reception Hall, Eating Hall, kitchen, Farming area, playground, meeting arena, special rooms for violent juveniles and most importantly the classroom. It was truly an enriching experience to see the well-maintained classroom with coloured walls, lots of books and quality furniture for the education of the juveniles.
The juveniles are taught basic skills like stitching, cooking, playing, reading, writing, etc. within the observation home and are also provided with dresses and food. We also came across a boy who seemed too innocent and as a result we asked the wellness officer for his current situation. We were informed that he had hammered his grandmother 18 times in the head which has resulted in him landing there. Similarly, we got to know about different cases.
We also came to know how sometimes poor children without access to resources commit petty crimes and intentionally get themselves into Observation Home as in it they get clothes, food, games to play and a disciplined lifestyle. We also saw the farming of mustard, radish among others.
When we had gone there it was lunchtime. So, we too demanded to taste the food. The food was really satisfactory and appreciable. The menu was dal, chapati and aloo. Dal was exceptionally good, while the aloo sabji was a bit salty. Chapattis were also satisfactory. Overall, it was an enhancing day with loads of information to carry and most importantly knowing about the ground reality.
18/11/2024 - Permanent Lok Adalat to understand the functioning of ADR
This day it was quite chaotic as already the AQI in Delhi was ranging between 400 to 600. This led to shortness of breath to one of my co-interns. Adding fuel to the fire, we were told to visit Permanent Lok Adalat at Mata Sundri Lane (ITO) after we all had already gathered at Saket Court. The trip was 14 kms and we were asked by the accompanying ASI sir to travel in DTC buses. We had waited for some 1.5 hours but couldn’t get the bus. This led me to book a Rapido cab and through two cabs we departed for Permanent Lok Adalat.
After reaching there, we contacted Shri Jay Mangal Sir who was to assist us there in the Permanent Lok Adalat in understanding its functioning and other aspects. Soon we were a part of some 3-4 proceedings and then as the cases were resolved for the day, the judges started interacting with us. We were informed about every minute intricacies of the framework, its aim and working. The key aspect to note was that most of the cases are settled in the first hearing itself. Along with this there is no requirement of advocates and lawyers for one’s cases. Along with this the process to apply is also very simple. We also got to know about the jurisdiction and the cases that usually are settled there.
After some time, Justice Reena Singh Nag, Ex Principal Judge, Family Court, Chairperson, Permanent Lok Adalat-II arrived and had an in-depth friendly conversation with us. She informed us about the very purpose of Permanent Lok Adalats, its composition, pecuniary limits and also asked us about our aims in life. It was fascinating to know that every day they deal with about 100 cases and 70 are settled on a daily basis. After this interaction and a photoshoot, we all departed to our respective homes. Overall, it was a day with mixed colours as initially we had to travel a lot due to no prior information and pollution. However, the enriching experience at the Permanent Lok Adalat shadowed other such aspects. A great learning day.
19/11/2024 – Crime Against Women Cell
Another great day as we visited Crime against Women Cell, South District along with ASI Harshwinder sir. We started by meeting Shri ASI Davendra, Delhi Police who was one of the conciliators present there. After having theoretical knowledge about the institution like jurisdiction, functioning, composition, cases, etc. we got to have practical experience as well. A couple came with their grievance against each other. It was thrilling to see how the conciliator tactfully tried to mediate between the two and attempted to avoid the issue reaching the doors of the court. Then after a great conciliatory session, they were asked to visit again on a next date provided.
After this, we went to different officers and talked to them or saw other sessions. It was a memorable day in which I learnt more about the role of values in life and just a simple concept to ‘listen to the other’. We also relished the tea provided there and had a great fun time as well by having funny conversations with the officers present. It was interesting to know that every year at an average 1300+ cases come to CAW Cell, South District alone and only 260 (approx.) go for court proceedings. This effectively means that CAW Cell resolves 80% of the cases at the pre-litigation level itself which removes a tremendous burden not only from the judiciary but also from the families.
Also, it is interesting to note that further to reduce the burden from judiciary, it is mandated in Delhi that cases of domestic violence, divorce, etc. would not be filed directly into the court or police station as an FIR. However, they would be forwarded first to CAW Cell for settlement and if no settlement is brought out, then the parties can knock on the doors of the court. I saw one such case in which there came no settlement. So, the conciliator allowed the parties to approach the mediation. Overall, it was an exciting day with lots of learning not only of the institution and its functioning but also of the ethics and morals.
20/11/2024 – Visit to Tihar Jail
I show extreme gratitude to Shri Vivek Kumar Agarwal, DJS – Full Time Secretary, South District Legal Services Authority, Saket Courts, Delhi as it was because of him that we could have so smooth visits be it to Permanent Lok Adalat, CAW Cell, police station, lockup and even to the Tihar Jail. He had an awareness session for the inmates in Tihar Jail No. 2. So, he invited us as well for the event. The entry into the Tihar Jail wasn’t so easy as there were numerous checks and verification. However, the event was a memorable one as we witnessed how initially Shri. Kanika Jain, Full Time Secretary at DLSA, North-West, Rohini Courts was giving her presentation to the inmates on bail, furlough and parole. It was interesting to see how the inmates actively engaged in the session and asked critical questions to which both the speakers gave nuanced answers.
Next, Shri Vivek Kumar Agarwal, DJS – Full Time Secretary, South District Legal Services Authority, Saket Courts, Delhi gave his presentation and informed in-depth about the concept of bail, its types, grounds to avail it along with many other such nuances. After the session, we all interns along with Vivek Sir visited the factories in Tihar Jail No. 2.
Primarily there are 4 factories each of carpentry, paper and files, bakery and food like namkeen. We all were enthralled watching the perfection of the inmates in wooden art who had created beautifully sculptured temples, tables, chairs and furniture. Next, we visited the paper making industry in which we also saw hand bags, files, etc. We also tasted the two types of namkeen being made within the jail by the inmates. After watching the bread factory and understanding its functioning as well. Then we had our VIP lunch which too was made by inmates. The food tasted delicious.
After eating, we visited the prison cells. We saw the prison of those who had life imprisonment and noticed how they lived 4 in a single cell. We were also astonished to see television in one of the cells and then later learnt that after due permission and giving applicable charges one can have it. Also, we saw the VIP cells where VIPs like Shri Arvind Kejriwal were kept. Also, there was a temple at the centre of the cells in an open area. We also asked several questions to the accompanying police officer and then observed hospitals, legal aid clinics among others. After this, we departed from the prison.
Overall, it was a day filled with a lot of experience and new learnings. We got to know about the skills being provided to the inmates and various facilities that they could avail.
21/11/2024 - Visit to Rouse Avenue Court and meeting with Secretary and Additional Secretary, DSLSA
This day our visit was to Rouse Avenue Court where we met Shri Rajeev Bansal, Secretary DSLSA and Shri Mridul Gupta, Additionally Secretary, DSLSA [Delhi State Legal Services Authority (DSLSA)]. First of all, we all introduced ourselves and then the discussion began. He asked us to share our experiences each day. We too shared the incidents from court hearings, offices, institutional processes, etc. Then, Secretary, Shri Rajeev Bansal asked us about our aims in life to which all of us responded as advocates, judges or corporate lawyers. He then made us realise that no one still wants to join the Legal Aid Services framework. This truly made me introspect. Along with this, some of our doubts were also resolved. After a brief break for refreshment, we were taken to Rouse Avenue State Legal Aid Services. It was a great experience to revisit the Vulnerable Witness Room, Admin Office and other such institutional setups at the Rouse Avenue Court Complex. It reminded us of our informative visits to all such institutions in the last 10 days. Overall, it was a great learning experience with great minds and recapitulation of what we had already seen in the recent past.
Suggestions and Appreciation
Appreciation:
I show extreme gratitude to NALSA for providing us with this opportunity to visit different governmental setups to experience their functionalities in practicality.
I also found the planning for the visits comfortable to undertake.
I also thank NALSA for giving us exposure to all the levels of legal aid being it at NALSA, DSLSA as well as at DLSA which gives us an insight to both national as well as state and district level functioning.
I also thank NALSA for the prompt response whenever we reached out to them for any aid.
Suggestions:
I would recommend, if possible, the officers at the attached DSLSA be informed beforehand about the visit of interns because at NALSA every aspect remains clear. But when we reached the respective DSLSA, officers there had no idea of our visit.
If possible, to conduct all the visits close to a particular place as it prevents problems in travelling.
