'Criminal Trials Affected Because FSL Report Not There': Kerala High Court Seeks State's Stand On Creation Of More Scientific Officer Posts

The Kerala High Court on Tuesday (February 17) sought the State government's stand regarding creation of more posts of scientific officers in the Forensic Science Laboratories (FSL) as recommended by the State Police Chief.The Division 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 FSL labs.The Bench orally remarked that a large number of cases are pending before courts since FSL reports are not made available and this has benefitted the accused.“You will find that a large number of cases are pending for years together because the FSL report is not there. It helps the accused, some accused to get the bail, some accused the trial could not proceed…”Last year, the Deputy Secretary, Home Department had filed an affidavit before the Court and in this, State Police Chief's recommendation for creation of 31 more posts was recorded. However, the finance department had suggested 12 posts and the Court, in its order dated 10.12.2025, recorded that positive consideration of the Police Chief's recommendation is required but had directed that at least the afore 12 posts be finalized.Thereafter, on January 27, the Court had sought the finance department's decision in the remaining 19 posts.When the matter came up for consideration yesterday, the Court inquired about the status of the 19 posts:“How can you defer 19 posts at a later stage? You know that because of this lack of scientific officers being available in the State Forensic Laboratory, all criminal trials are affected?... Whenever it comes to these kinds of things, the State has a problem with the finance. Whenever we require these persons to be there for facilitating the Court proceedings, the finance is coming out…We are not concerned with that. We are concerned with 31 posts proposed by the State Police Chief. The State Police Chief has proposed 31 posts, out of which 12 posts have been created. And the remaining 19 was pending before the finance department. Finance department has politely turned down,” the Court orally remarked.The State informed the Court that 12 posts have already been created and the Kerala Public Service Commission (KPSC) has to make the appointments. It was also told that that initially, at the time of the present plea, there were only 134 scientific officers posts and 64 vacancies. Thereafter, 41 posts were created, totalling the posts to 175, all of which are presently filled up. Further it was submitted that as per the financial position, government cannot create such number of posts within one department.The Court recorded the submitted but also remarked that it was not satisfied with the explanation. In the interim order, it observed:“In so far as the 19 posts are concerned, we are the view that it is high time that the administration realise that without such posts being filled up in time, the trial cannot commence and it has enured to the benefit of the accused persons in getting bail. We are not satisfied with the explanation offered for not creating the remaining 19 posts. In fact, the State Police Chief has recommendation for the creation of such posts and we believe that that view expressed by the State Police Chief requires serious consideration. In many of the case, the police fails to file the chargesheet because of lack of FSL report. The Magistrates or the judicial officers as the case maybe are unable to frame the charges. This has caused tremendous delay in disposal of the criminal cases. The state has a duty and responsibility to ensure that for the proper and smooth functioning if the criminal justice system, all requisite infrastructure are in place. Under such circumstances, we would expect better affidavit and response from the State with regard to the creation of 19 posts.”On an earlier occasion also, the Court had remarked on the high pendency of NDPS cases, around 7202, and had sought the state government's stand regarding establishment of Special NDPS Courts in all the judicial districts in Kerala. Last month, it had directed the State to constitute Special NDPS Court in three more districts, in addition to the proposed special courts at Thiruvananthapuram and Ernakulam.It also asked the KPSC to file a report stating whether persons have joined in the above posts created.The Court also asked whether the services of the Central Forensic Science Laboratories can be used in the criminal cases pending in the State. For getting confirmation of the same, notice was issued to the Deputy Solicitor General of India.Case No: W.P.(C) No.16773 of 2020Case Title: Kerala State Legal Services Authorities v. State of Kerala and Ors.

'Criminal Trials Affected Because FSL Report Not There': Kerala High Court Seeks State's Stand On Creation Of More Scientific Officer Posts

K. Salma Jennath

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