Establish more forensic labs considering increase in crime rate: Punjab and Haryana High Court

The Punjab and Haryana High Court recently directed the States of Punjab and Haryana, as well as the Union Territory of Chandigarh to establish state of the art Forensic Science Laboratory (FSL) structures within a period of one year. [Amandeep Singh vs The State of Punjab and Ors.].A bench of Justices Sureshwar Thakur and NS Shekhawat expressed anguish at the lack of staff and equipment for forensic analysis leading to testing delays, degradation of samples and subsequent acquittal orders, often for those reasons alone."...the enormous increase in crime rate, has not made a corresponding increase in the numbers of laboratories in the States of Punjab, Haryana, and, U.T., Chandigarh, which has but ultimately resulted in enormous delays occurring in testings' being done at the laboratories in the above States of Punjab, Haryana, and, U.T., Chandigarh. The further effect thereof, is that, in some cases there being delay in the institution of reports under Section 173 Cr.P.C., before the judicially empowered Magistrate, resultantly in the offenders' claiming default bail," the Court said.The Court opined that the issue may be easily remedied by ensuring that laboratory testing facilities are rapidly increased in number, in line with the increasing crime rates."Therefore, this Court directs that all above shall, after collecting data about backlog of materials/items to be tested, at the laboratories concerned, besides with a futuristic vision about increased tendency towards criminality in society, leading to an increase in crime rate, hence ensure but after obtaining all requisite approvals from the authorities concerned, that laboratories with state of art instrument(s)/equipment(s) become established within the territorial jurisdictions," the order stated..The directions came in an appeal against an order of acquittal in favour of a man and a woman accused of poisoning the woman's husband to death.A report showing the cause of death was never produced before the court as the viscera (internal organs) of the deceased were never sent to a laboratory for examination..The Court concluded that because both accused married each other after the deceased died, motive for crime was proven, but in the absence of unflinching forensic evidence proving the charge, they were correctly acquitted..The Court, therefore, directed that labs with state-of-the-art equipment be constructed within one year of collecting data on the backlog of laboratories, taking into consideration the rising crime rate, and receiving necessary approvals from concerned authorities."The above increases in laboratory testing facilities in the above territorial jurisdictions, is but a dire need to enable the Courts of Law to dispense justice in an expeditious manner," it added..Moreover, since the appellant suffered on account of the negligence of a Police constable who failed to get the viscera of the deceased tested, the court determined that he was entitled to ₹10 lakh compensation and directed the State to pay the same..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.