Delay In FSL Reports Where Cause Of Death Unknown Makes Victim Family Suffer, May Lead To Degradation Of Samples: Delhi HC

The Delhi High Court has said that the delay in getting scientific reports related to investigations not only has a high social cost but leads to extreme suffering of the victim's family as they remain unaware of the exact cause of death.

Justice Anoop Kumar Mendiratta said the delay for "whatever reason" cannot be countenanced under law and may even lead to "degradation or putrefaction of the samples" negating the very purpose of examination.

The court made the observation while expressing concern over an inordinate delay in forwarding of histopathological examination report of a 14-year-old boy whose family claimed that he had died under suspicious circumstances.

The deceased's father had approached the court for speedy investigation into his son's death which took place in November 2021. He had prayed for sending the heart and brain exhibits of the deceased for histopathological report and for expediting Viscera report from FSL.

The 14 year old was admitted at Makkar Hospital after he visited PVR cinema alongwith his friends on November 10, 2021. He was subsequently shifted by his father to Max Hospital, where the doctors declared him brought dead. The forensic examination subsequently revealed that the cause of death was 'cerebral vascular attack - a natural cause of death'. In view of the report, the petitioner's counsel told the court that no further directions are called for at this stage.

However, the court observed that it was unfortunate that the father of the deceased had to file a petition for the purpose of directing seeking the authorities for speedy and professional investigation and obtaining the Viscera result and histopathological reports. The histopathology samples were deposited at UCMS and GTB Hospital, Shahdara only after the writ petition was filed by the petitioner on January 27 and listed for consideration on January 31, noted the court

It added, "The delay in getting the scientific reports not only has a high social cost, but leads to extreme suffering by victim's family being unaware as to the exact cause of death. The delay for whatever reason cannot be countenanced under law and at times may also lead to degradation or putrefaction of the samples negating the very purpose of examination."

Justice Mendiratta further observed that the non-acceptance of samples or exhibits for histopathological examination at the hospital was an administrative issue which needs to be streamlined or sorted by the investigating agency.The bench directed the Commissioner of Delhi Police to take necessary steps in the matter in coordination with concerned hospital.

The Court also took note of a standing order issued by the Commissioner of Police dated June 21, 2016 prescribing guidelines for speedy investigation of the cases and compliance for deposition of all relevant exhibits or documents for examination with the FSL as early as possible within 7 days from the date of its collection. The order further states that biological sample should be sent on the same day or next day of the collection.

Instruction 8 of the standing order also provides that if opinion from the FSL is not received within a reasonable time frame, the concerned IO or SHO shall bring the matter to the notice of the DCP, so that the matter can be taken up with the FSL Authority.

The Court was of the view that the investigating agency is expected to ensure that rights of victims are duly safeguarded by conducting speedy and fair investigation in accordance with law and by resolving administrative bottlenecks, if any, at the level of DCP concerned at the earliest opportunity.

"The aforesaid instructions alongwith other relevant guidelines are for the purpose of ensuring that the investigation/inquiry is concluded at the earliest and the final report is filed in accordance with law. No excuse by the investigating agency either on the ground of ignorance or administrative issue is acceptable as the Standing Order No.444/2016 dated 21.06.2016 is expected to be followed in letter and spirit to ensure a fair, transparent and speedy investigation," the Court observed.

The Court thus disposed of the plea by directing that relevant Standing Order or circulars issued by the Commissioner of Police on the subject be circulated to the concerned SHOs or IOs for completing investigation within a stipulated time frame and also to ensure that responsibility is fixed in case of any inordinate delay by the IO.

"A copy of this order be accordingly forwarded to the Commissioner of Police for necessary compliance," the Court ordered.

Title: SHRI. MANOJ KUMAR GARG v. STATE OF NCT OF DELHI & ORS.

Citation: 2022 LiveLaw (Del) 887

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