HC pushes for monitoring panel to check delay in forensic reports
The high court has sought names of three IAS and three IPS officers from Punjab and Haryana to constitute a monitoring panel
Concerned over delay of reports from forensic laboratories, the high court has sought names of three IAS and three IPS officers from Punjab and Haryana to constitute a monitoring panel.
“The mandate of the committee would include identification of underlying administrative and technical causes leading to delays in the preparation and submission of reports by the FSL (forensic science laboratory). The committee will recommend remedial measures to fast track and streamline the entire process, for timely preparation and submission of reports by the FSL,” the bench of justice Manjari Nehru Kaul observed, outlining the work for the panel and asking the top law officers of Punjab and Haryana to submit the names within 10 days, in a sealed cover.
The court was hearing a bail plea in which it had come to light that the chemical examination was completed in a drugs seizure case after a staggering delay of nearly six months, despite the case being labeled as “priority case”.
“This delay is not an isolated incident but exemplifies the recurring problem of delayed FSL reports across both the states of Punjab, Haryana and Union territory of Chandigarh. It is crucial to acknowledge the pivotal role of FSL reports in criminal cases, particularly in cases under the NDPS Act, where the entire case of the prosecution hinges on the chemical examiner’s report,” the bench said, adding that such undue delays not only impede timely investigations but also prolong the conclusion of trials, infringing upon the fundamental right to speedy trial guaranteed under the Constitution of India.
It further added that it was imperative to address the critical issue that has been repeatedly brought to the notice of this court regarding the alarming delays in the preparation and dispatch of FSL reports, which significantly affects criminal cases, particularly those under the NDPS Act. “Merely being a passive observer to these recurrent issues would constitute a failure of the constitutional duty of this court,” the bench remarked invoking its extraordinary jurisdiction and asking for names from the two states.
The court took a note of lapses recorded in the case in hand, in which it had come to light that although the case property was opened at Madhuban FSL in Haryana on August 29, 2023, however, due to the breakdown of the relevant equipment and machines, the examination/analysis of the substances sent, could not be carried out promptly. Also, it had come to light that even though it was labeled as a “priority case” the case property “inadvertently” got mixed with routine cases, further contributing to the delay in processing.