Kerala High Court Seeks Centre's Stand On Setting Up CFSL In State Amid NDPS Trial Delays, High Pendency

The Kerala High Court recently sought the central government's stand on whether a Central Forensic Science Laboratory (CFSL) can be established in the State.

The Special Bench of Chief Justice Soumen Sen and Justice C. Jayachandran was considering a plea preferred by the Kerala State Legal Services Authority (KeLSA) outlining among others, the issue of high pendency of NDPS trials due to lack of sufficient scientific officers in the Forensic Science labs.

When the matter came up, the Court gave time to the counsel representing the central government to take instructions as to whether CFSL laboratories can be established in Kerala.

"Considering the requirement of FSL Reports in NDPS cases and enormous increase in other criminal matters where FSL and Scientific Reports are urgently required for smooth trial, we feel that the Central Government may consider establishing a Central Forensic Science Laboratory (CFSL) in the State. The learned counsel for the Central Government submits that there are 6 Central Laboratories in the Country and shall take instruction from appropriate authority as to whether a CFSL can be established in the State."

In the last posting, the Bench had inquired the State government regarding creation of more posts of scientific officers in the State FSLs as recommended by the State Police Chief. This time also, this question was raised.

The State Attorney told that the Government is in the process of creating additional 19 posts of Scientific Officer and the matter is placed before the Council of Ministers for a decision. He also submitted that 10 out of 12 candidates selected for newly created posts of Scientific Officers have joined service and the others are expected to join shortly.

Recording the submission, the Court opined that creation of the additional posts should not be deferred any further in view of the high pendency of trials:

"The requirement of additional 19 posts, in our view, should not be deferred, as it is going to cause serious impediments in disposal of criminal matters or other similar matters, where such scientific expert evidence is required. Having regard to the fact that the State Police Chief has recommended the creation of such posts, the same require serious consideration, as, in our view, the said officer is best suited to make the recommendation, which is adequately justified by him. We observe that many cases have not proceeded due to lack of FSL Report and files have been delayed, which cause serious prejudice to the under trials. Under such circumstances, we expect a rationale decision be taken in this regard for the creation of 19 additional posts."

It asked the State to file a supplementary affidavit outlining the steps taken in this regard. The matter is posted on April 7 next.

Earlier, the Court had directed the State to constitute Special NDPS Court in three more districts, in addition to the proposed special courts at Thiruvananthapuram and Ernakulam.

Case No: W.P.(C) No. 16773 of 2020

Case Title: Kerala State Legal Services Authorities v. State of Kerala and Ors.

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