Huge Backlogs With FSLs Show Stark Failure By States In Timely Administration Of Justice: Punjab & Haryana High Court

The Punjab & Haryana High Court has directed Governments of Punjab & Haryana to consider implementation of recommendations made by the Committees constituted for functioning of the Forensic Science Laboratories (FSL) across the States of Haryana and Punjab.The extensive backlog with the FSL, which has caused undue delays in trials, reveals a stark failure on the part of the States to ensure timely administration of justice, observed the Court.Justice Manjari Nehru Kaul said, "It must be underscored that the FSL report is a vital component of the investigative process, particularly in cases registered under the NDPS Act, where it often constitutes the central piece of the prosecution's evidence. Given the heavy reliance of the criminal justice system on forensic evidence, it is essential that FSL reports are prepared with strict adherence to procedural and quality standards, allowing no scope for errors or tampering. The efficient and timely functioning of the FSL is, therefore, not only crucial to ensure that due process of law is followed but is also integral to the justice delivery mechanism itself."The Court further said that, a timely and rigorous response will alleviate the burden on the Courts, reduce overcrowding in jails, conserve public resources, and restore public confidence in a system where justice, though at times delayed, shall not be denied.The three-membered committee had recommended suggestions on various subjects including establishment of an independent Directorate with appointment of a full time Director and Additional Director, Implementation of Standard Operating Procedures (SOPS) and working norms, Optimized budget utilization, Addressing personnel shortages, Minimizing Court appearances by Officers, Updating staff norms, Enhancing infrastructure and workspace of the FSL, Training for Investigating Officers, Priority procurement of equipment and streamlining of processes.The Court said the restructured approach suggested by the committee would address core operational challenges within the FSL, ensuring improved accountability, efficiency, and responsiveness in the forensic investigation process.While exercising its jurisdiction under Article 226 of the Constitution, the Court said endorses the comprehensive recommendations made by the Committees for the States of Punjab and Haryana.It also directed both the States of Punjab and Haryana to consider implementation of the recommendations with the utmost gravity and urgency, undertaking all necessary measures to guarantee their timely and effective implementation. In February, the High Court had constituted a three-member two committees for both the States to look into the functioning of the FSL across the States of Haryana and Punjab, specifically focusing on the inordinate delay and lapses that have been repeatedly coming to the notice of this Court during the hearing of multiple cases.The Committees for Punjab and Haryana had submitted their respective reports, which the Court took on record in July. Upon an in-depth review of these reports, the Court identified several critical issues hampering the prompt generation of FSL reports. The common challenges highlighted in the reports, which the Court noted includes the following:Infrastructural and technical shortcomings, Personnel shortages, Financial constraints, Backlog of case.The Court said that while it does recognize the importance of doctrine of separation of powers, a principle which forms the core of our constitutional framework, it is compelled to act when there is inaction on the part of the Executive and there is infringement upon the constitutional rights.Justice Kaul highlighted that the overwhelming vacancies in crucial permanent positions reveals an unacceptable level of complacency within the administration."Such a gross disregard for fundamental staffing requirements reflects an indifferent approach to the functioning of a critical institution of the State and highlights a failure to ensure even the minimum standard of operational efficiencies," it added.The bench said that it holds a profound expectation that both the States of Punjab and Haryana will acknowledge the importance of this moment and respond with decisive and impactful measures.Stating that "Let this directive mark the dawn of an era where every individual, irrespective of their circumstances, may rest assure that the wheels of justice will turn with both swiftness and fairness," the Court disposed of the plea.Title: VINIT YADAV VS. STATE OF HARYANAMr. Chetan Sharma, DAG, Haryana.Mr. Amit Rana, Sr. DAG, Punjab.Click here to read/download order

Huge Backlogs With FSLs Show Stark Failure By States In Timely Administration Of Justice: Punjab & Haryana High Court

Aiman J. Chishti

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