Delhi High Court bats for SOP to curb unnecessary referrals to forensic labs

The Delhi High Court on Wednesday directed the Delhi government to consider formulating a standard operating procedure (SOP) or guidelines to prevent forensic science laboratories (FSLs) from being overburdened with unnecessary referrals during criminal investigations [Dr. Subhash Vijayran vs Union Of India & Ors].

The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Anish Dayal observed that when FSLs are flooded with such unnecessary referrals, the examination of samples/ evidence that require urgent analysis gets delayed, which in turn delays criminal justice.

“According to the condition in respect of unnecessary references, the forensic science laboratories are not only flooded with such references, but the same causes unnecessary delay in the examination of the samples which are urgently needed. Such delay causes delay in the dispensation of criminal justice for the reason that it results in delayed completion of the investigating,” the Court said. 

The Court was dealing with a public interest litigation (PIL) petition highlighting that in many cases, even though the forensic analysis of samples recovered during criminal investigations is not required, they are still indiscriminately sent to FSLs.

This leads to a delay and degradation of samples that genuinely require forensic analysis.

“By such practice, samples from genuine cases are pushed back due to the huge workload created by unnecessary samples, which results in either degradation of the samples of genuine cases and consequently yielding of false negative results, or cause huge delay in yielding of the true positive test results of genuine cases,” the petition stated.

The petition sought directions to constitute an expert committee comprising doctors with expertise in forensic medicine and forensic science experts to formulate guidelines on the sending of viscera/ blood samples to the FSL and the speedy and efficient processing of such samples.

During yesterday's hearing of the matter, the Bench cited a report written by FSL and AIIMS doctors, published by the National Human Rights Commission, which discussed the issue of delayed submissions of viscera to FSLs.

“One of the findings in the report is that a study of the case forwarded to FSLs for toxicological analysis reveals that in 30-40% of the cases, forensic examination of viscera can be avoided. It further opines that indiscriminate reference adds to the work load of the FSLs,” the Court stated. 

The Court eventually directed the appropriate authority of the Delhi government to consider the representation made in the petition and expeditiously consider framing an SOP of guidelines to address the issues raised.

“We direct that the representation and concerns raised and suggestions given shall be considered by the appropriate authority and by the Delhi Government. An informed decision shall be taken and, if possible, some kind of standard operating procedure or guideline should be issued so as to avoid unnecessary reference to FSLs. The decision shall be taken within 3 months from today,” the Court directed. 

With this direction, the petition was closed.