As i remember down my memory lane, i was busy preparing for my LL.M entrance to be held on 5th of August 2013, when i received a phone call on 31st of July 2013, from the Secretary, District Legal Services Authority, Sambalpur intimating me, that i was selected for the "Establishment of Legal Aid Clinic in Jail" for four times in the 3rd week of August, 2013 to man the said clinic.
I was very excited as just after completion of my law graduation, i had been selected for the engagement of the Legal Aid Clinic and i would be getting a golden opportunity to visit the Circle Jail, Sambalpur and to interact with both the U.T.P's and Convicts and render my services for providing legal advice or providing free legal aid through the District Legal Service Authority.
As, i was having my LL.M classes in the first half of 17th August,2013, i decided to go to the Circle Jail in the second half i.e in the evening around 4 pm. It was a saturday and as usual i had my Constitutional Law class. I was distracted during my class as my whole mind and emotions were attracted of my Jail visit. I accordingly, went to the Jail on 17th August 2013.
Narayan has already spent approx 5 years in jail. He is inside the prison since 10.7.08. Now the tragic part begins, according to narayan, he had engaged an Odisha High Court Advocate for the criminal appeal at the High Court of Odisha, against his sentence and for procurement of a bail from the Odisha High Court. As per narayan, his learned counsel had demanded a fee of Rs. 20,000/- for making arrangements of bail from the High Court.
But, Narayan confirmed his counsel that he would be able to manage the fee of Rs.15,000/- with lots of difficulties. He, in fact faced a lot of hurdles in accumulating the said amount and had paid a total of Rs. 13,500 out of which he was having the money receipts of Rs. 12,000 as the money was sent to his learned counsel through Indian Postal Service.
Narayan had paid the last amount of Rs. 3000 on 19/6/2013 and then he showed me a post card dated 3rd August, 2013 from his counsel intimating him that his bail order has been granted by the High Court and demanded in the same letter a further amount of Rs. 15,000/- and also specifically mentioned that the counsel would be sending him the order sheet only after he makes the arrangement of the said amount and send it to the counsel.
Narayan, had also faced lot of hardships for the arrangements of the amount he had sent to the counsel and now he stated that he was not having any further amount to give to his counsel. After knowing the things which had happened with narayan, i realized that the Blind Faith which he had kept on his counsel has a brought him to an unfavorable situation which was nothing but the exploitation which was facing from his counsel.
After getting the complete knowledge, regarding Narayan , i felt a moral duty on my part along with the duty bestowed upon me by my Authority to get his bail order without making any further payment to his counsel. I even made a phone call to his counsel on 22/08/2013 at about 1 p.m. I, asked the counsel whether the bail was granted and the answer was yes the bail was granted on 31st July,2013 and she was having the bail orders with her. I then, requested her to forward the bail orders and asked her why was she exploiting narayan. on hearing this, she disconnected the cell phone and switched off her phone.
I then called a law colleague from cuttack whom i had met in a National Seminar on Terrorism: Issues and Challenges held in the month of March 2012 , by my Law College and asked him to help me in rendering legal aid to Narayan by inquiring the exact orders passed on 31st July,2013 in narayan's case and accordingly gave his case details to my friend. Meanwhile, Narayan was still keeping hope in getting justice in the way that if his counsel will reform and send him the orders.
But his hopes went into vain when i received a call from my friend on 29th August,2013 at about 5 p.m intimating me that the orders passed in narayan's case was that he may appeal before the Session Judge, Sambalpur with the orders of the High Court and if the Session's Judge finds the appeal suitable then a conditional bail may be granted. I was shocked to hear that how a learned advocate of High Court showed fraudulent intentions by intimating the convict that a regular bail was granted through the medium of a post card letter.
I was facing a jeopardy, as to how to inform narayan about the exact orders passed in his criminal appeal at the High Court. But, then it was my duty to inform him the truth of the case. so, i visited the circle jail on 30th august 2013, informed him the facts. Narayan was not ready to believe it, as he was still having feeble hopes on his counsel and then after that i consulted him and asked him to provide me the evidence in form of the xerox copy of the money receipts and the letter, so that i can write about the same to my higher authorities and help in rendering legal aid to narayan.
Subsequently, i prepared a letter addressed to the Hon'ble Executive Chairman, Odisha State Legal Services Authority on dated 31st August 2013 requesting for forwarding the order sheets of the High Court of Odisha to narayan and also forwarded the letter to the Chairman and Secretary of the District Legal Services Authority, Sambalpur. I enclosed the xerox copy of the evidences along with the xerox copy of the letter from DLSA, Sambalpur for the establishment of legal aid clinic in jail.
On 17th September,2013 at about 14:45 pm, i received a call from the Odisha State Legal Services Authority, where i was informed that they had received my letter and accordingly they have forwarded the order sheets to the Additional Session Judge and the Chief Judicial Magaistrate, Sambalpur and are adopting the means of forwarding the order sheets to the convict in sambalpur circle jail. After hearing this, i was filled with joy that a part of my moral and legal duty was discharged in a positive way.
Again on 18th September,2013 at about 15:30 pm, i received a call from the Odisha State Legal Services Authority, where they mentioned that they would be forwarding the order sheets at the earliest to the convict and they would be addressing a letter to me notifying me the letter no. against which the order sheets would be forwarded to the convict at sambalpur circle jail. Subsequently, i called the P.W.O and requested him to give this information to narayan.
I, personally feel that it is the human expectation of narayan which led to his frustration on getting the true knowledge about the deeds of his learned counsel and it is just because of the blind faith he had in his counsel led him to a situation of this kind, wherein he was being exploited to a great level and a sort of blackmailing was involved through the medium of the letter received by him from his counsel. The Indian Law System puts its emphasis on the reformation theory of punishment.
But, after going through the chain of the incidents, i have come to an inference that the situations where emotions of the convicted persons is being tortured and played with and if this sort of activities are a common practice through out India then the chance of reformation of a convicted person will never be achieved or fulfilled.
I, hope that there would be no more Narayan Behera in future and he will receive his order sheets as early as possible.
I was very excited as just after completion of my law graduation, i had been selected for the engagement of the Legal Aid Clinic and i would be getting a golden opportunity to visit the Circle Jail, Sambalpur and to interact with both the U.T.P's and Convicts and render my services for providing legal advice or providing free legal aid through the District Legal Service Authority.
Accordingly i received a letter from the office of the Secretary, District Legal Service Authority Sambalpur vide letter no. 508(4) dated 31st July 2013 on 1st August 2013. I then concentrated on my preparations for my entrance and attended my entrance exam and qualified my entrance examination and later completed my admission procedure and successfully was admitted as a Post Graduate Student in Department of Law at Sambalpur University.
My classes for LL.M commenced from 12th August,2013 but still my mind was full of anxiety and i was eagerly waiting for the day when i would be going to the Sambalpur Circle Jail. I then got the contact number of the Prison Welfare Officer namely Niranjan Sahu from a junior of mine from the law college who was engaged for the said clinic in the 2nd week of August. I then had a talk with the P.W.O and he mentioned that 15th August being the Independence Day was a holiday and asked me to join him in his office on 17th August 2013.
As, i was having my LL.M classes in the first half of 17th August,2013, i decided to go to the Circle Jail in the second half i.e in the evening around 4 pm. It was a saturday and as usual i had my Constitutional Law class. I was distracted during my class as my whole mind and emotions were attracted of my Jail visit. I accordingly, went to the Jail on 17th August 2013.
Experience of Jail Visit
All of my expectations and excitements were shattered within no time, just after meeting the first person in the office of P.W.O. The person whom i met was a life convict namely Narayan Behera, who was sentenced to Rigorous Imprisonment for Life along with a fine of Rs. 1,000 by the Learned Additional Session Judge, Sambalpur on 24.04.2010 U./S 302/201 I.P.C.Narayan has already spent approx 5 years in jail. He is inside the prison since 10.7.08. Now the tragic part begins, according to narayan, he had engaged an Odisha High Court Advocate for the criminal appeal at the High Court of Odisha, against his sentence and for procurement of a bail from the Odisha High Court. As per narayan, his learned counsel had demanded a fee of Rs. 20,000/- for making arrangements of bail from the High Court.
But, Narayan confirmed his counsel that he would be able to manage the fee of Rs.15,000/- with lots of difficulties. He, in fact faced a lot of hurdles in accumulating the said amount and had paid a total of Rs. 13,500 out of which he was having the money receipts of Rs. 12,000 as the money was sent to his learned counsel through Indian Postal Service.
Narayan had paid the last amount of Rs. 3000 on 19/6/2013 and then he showed me a post card dated 3rd August, 2013 from his counsel intimating him that his bail order has been granted by the High Court and demanded in the same letter a further amount of Rs. 15,000/- and also specifically mentioned that the counsel would be sending him the order sheet only after he makes the arrangement of the said amount and send it to the counsel.
Narayan, had also faced lot of hardships for the arrangements of the amount he had sent to the counsel and now he stated that he was not having any further amount to give to his counsel. After knowing the things which had happened with narayan, i realized that the Blind Faith which he had kept on his counsel has a brought him to an unfavorable situation which was nothing but the exploitation which was facing from his counsel.
After getting the complete knowledge, regarding Narayan , i felt a moral duty on my part along with the duty bestowed upon me by my Authority to get his bail order without making any further payment to his counsel. I even made a phone call to his counsel on 22/08/2013 at about 1 p.m. I, asked the counsel whether the bail was granted and the answer was yes the bail was granted on 31st July,2013 and she was having the bail orders with her. I then, requested her to forward the bail orders and asked her why was she exploiting narayan. on hearing this, she disconnected the cell phone and switched off her phone.
I then called a law colleague from cuttack whom i had met in a National Seminar on Terrorism: Issues and Challenges held in the month of March 2012 , by my Law College and asked him to help me in rendering legal aid to Narayan by inquiring the exact orders passed on 31st July,2013 in narayan's case and accordingly gave his case details to my friend. Meanwhile, Narayan was still keeping hope in getting justice in the way that if his counsel will reform and send him the orders.
But his hopes went into vain when i received a call from my friend on 29th August,2013 at about 5 p.m intimating me that the orders passed in narayan's case was that he may appeal before the Session Judge, Sambalpur with the orders of the High Court and if the Session's Judge finds the appeal suitable then a conditional bail may be granted. I was shocked to hear that how a learned advocate of High Court showed fraudulent intentions by intimating the convict that a regular bail was granted through the medium of a post card letter.
I was facing a jeopardy, as to how to inform narayan about the exact orders passed in his criminal appeal at the High Court. But, then it was my duty to inform him the truth of the case. so, i visited the circle jail on 30th august 2013, informed him the facts. Narayan was not ready to believe it, as he was still having feeble hopes on his counsel and then after that i consulted him and asked him to provide me the evidence in form of the xerox copy of the money receipts and the letter, so that i can write about the same to my higher authorities and help in rendering legal aid to narayan.
Subsequently, i prepared a letter addressed to the Hon'ble Executive Chairman, Odisha State Legal Services Authority on dated 31st August 2013 requesting for forwarding the order sheets of the High Court of Odisha to narayan and also forwarded the letter to the Chairman and Secretary of the District Legal Services Authority, Sambalpur. I enclosed the xerox copy of the evidences along with the xerox copy of the letter from DLSA, Sambalpur for the establishment of legal aid clinic in jail.
On 17th September,2013 at about 14:45 pm, i received a call from the Odisha State Legal Services Authority, where i was informed that they had received my letter and accordingly they have forwarded the order sheets to the Additional Session Judge and the Chief Judicial Magaistrate, Sambalpur and are adopting the means of forwarding the order sheets to the convict in sambalpur circle jail. After hearing this, i was filled with joy that a part of my moral and legal duty was discharged in a positive way.
Again on 18th September,2013 at about 15:30 pm, i received a call from the Odisha State Legal Services Authority, where they mentioned that they would be forwarding the order sheets at the earliest to the convict and they would be addressing a letter to me notifying me the letter no. against which the order sheets would be forwarded to the convict at sambalpur circle jail. Subsequently, i called the P.W.O and requested him to give this information to narayan.
I, personally feel that it is the human expectation of narayan which led to his frustration on getting the true knowledge about the deeds of his learned counsel and it is just because of the blind faith he had in his counsel led him to a situation of this kind, wherein he was being exploited to a great level and a sort of blackmailing was involved through the medium of the letter received by him from his counsel. The Indian Law System puts its emphasis on the reformation theory of punishment.
But, after going through the chain of the incidents, i have come to an inference that the situations where emotions of the convicted persons is being tortured and played with and if this sort of activities are a common practice through out India then the chance of reformation of a convicted person will never be achieved or fulfilled.
I, hope that there would be no more Narayan Behera in future and he will receive his order sheets as early as possible.
There are so many cases in our society in where people are suffering from the similar situation as Narayan Behera suffered. We have a moral duty towards the humanity to check the similar situation.
ReplyDeleteI congratulate Mr. Karan for his excellent job.
Karan, i really applaud your moral duty.yes its the human expectations which lead to such situations,there are people who never feel ashamed of exploiting the lesser known public.i personally believe its our duty to let the people know the correct thing.
ReplyDelete