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Dimapur, Sep. 25 (EMN): As part of the 2nd phase for implementation of "Protocol for early access to justice at pre-arrest, arrest and remand stage”, the Nagaland State Legal Services Authority (NSLSA) launched hoardings and pamphlets enumerating the “Rights of arrested persons” to be distributed in all the police stations across the state at the Judges Bungalow in Kohima on September 25.
Delivering the keynote address, Justice Hukato Swu, Judge of Gauhati High Court, Kohima Bench, said that many arrested persons were unaware of their rights for which their rights are violated.
“Many of the accused persons are not given opportunity to have access to lawyers,” the judge added.
Noting the importance of awareness through innovative ways, Swu viewed that distributing pamphlets to accused persons within the vicinity of police station at early stage of arrest was an imperative step. He cited an instance where a female accused has the right to not be arrested before sunrise and after sunset; or to be arrested only in the presence of female police personnel. However, these are often ignored and violated, he said.
Swu also pointed out that many citizens are not aware of the availability of free legal aid. He added that in respect to rights of tribal persons, legal aid is provided for free in police stations.
He further stated that the hoardings and pamphlets would also enable the police to exercise their power legitimately and not devising force unless necessitated.
Delivering the welcome address, NSLSA project coordinator Cherry Ovung maintained that access to justice is important during the early stages of criminal process as it ensures, amongst other things, "protection of rights of people when they are most vulnerable and thus it also strengthens the criminal justice system”.
Highlighting the importance of pre-trial legal aid, she stated that even though there is availability of trained lawyers providing legal services during the trial stage in a criminal prosecution, the availability of legal services during the pre-trial is scarce or even none at all.
With the launch of the protocol, she said it would ensure that legal aid is provided not only during the trial stage but also from the beginning even before the arrest is made.
The hoardings and pamphlets were launched by Justice Hukato Swu in the presence of its member secretary N Longshithung Ezung; Registrar of Gauhati High Court, Kohima bench Neiko Akami; and Superintendent of Police (crime) and Nodal Officer for the protocol, Manoj Kumar.
It stated that the hoardings and pamphlets, which enumerate the rights of arrested persons, rights of female arrestees and rights to free legal aid including contact details for legal aid and assistance, would be put up across 87 police stations in the state.
The protocol is in twine with the National Legal Services Authority’s 31st central authority meeting resolution to implement a framework for providing legal assistance at pre-arrest, arrest and remand stage by all the state legal services authorities, the update stated.
During the 1st phase of the implementation of the protocol, NSLSA directed the District Legal Services Authorities (DLSAs) to conduct consultative meeting with prosecutors and police at the district level of superintendents of police, sub-divisional police officers, officers-in-charge of police station, and investigation officers. N Longshithung Ezung, NSLSA member secretary, delivered the vote of thanks.