Karnataka High Court Issues Interim Directions To Ensure Proper Functioning of Forensic Science Laboratories

Observing that "There is a gross violation of Article 21 of the Constitution of India on account of state machinery not performing its duties. It is the obligation on the part of the State to provide speedy access to justice," the Karnataka High Court has issued several interim directions to ensure the proper functioning of the Forensic Science Laboratories in the state. A division bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj was hearing a suo-motu petition initiated based on the order passed by a single judge bench, dated December 22, 2020 in which it had issued several directions to the state government for filling up of vacancies. On going through the affidavits filed by the government on filling up of posts and providing proper facilities at laboratories, the court observed,"It appears that the steps now being taken are literally baby steps and those steps are far too less compared to what action is required to be taken by the State Government, more particularly, keeping in mind that many of these forensic science test reports are required in criminal matters where many a time the accused is in judicial custody and trial is delayed due to non-receipt of the report from the Forensic Science Laboratories, thereby impinging on the fundamental rights of the accused guaranteed under Article 21 of the Constitution." Further, the court said "Apart from the delay affecting the undertrials, the same also has a deep impact on the victims and/or the families of the victims, who are subjected to trauma over an extended period of time due to the delay of the FSL." It added "In the above background, it is clear that there is a duty imposed on the State to enable speedy resolution of criminal matters, which would include the aspect of setting up of a system to enable speedy analysis of all forensic samples and submissions of reports." As per details given to the court, three posts of joint directors, seven posts of deputy directors, 18 posts of assistant directors, 35 posts of senior scientific officers and 138 posts of scientific officers are vacant at various FSLs in the state. A report in relation to a Narcotic matter takes 1 year, Computer/mobile/audio-video forensics takes about 1 and half year, a DNA test takes 1 and half years, these being average time.Following Interim directions were issued: Manpower and Recruitment Joint Director: We direct that in regard to the posts of Joint Director, which are all vacant (3 in number) one post ought to be filled up by deputing an IPS officer of a super time scale from the Karnataka Police Department as a Joint Director of Administration within a period of one month of this order. The remaining two posts of Joint Directors, which are stated to be required to be filled up by promotion, we direct that until suitable candidates are available for promotion, at least one post be filled up on an ad hoc or contract basis within a period of four months from the date of the uploading of this order on the website of the High Court; Deputy Director: As regards the cadre of the Deputy Director, the sanctioned strength being 15, out of which, 5 are working and 10 posts are vacant. There being no eligible candidate for promotion, we direct that until suitable candidates are available for promotion, at least 5 of them be filled up on an ad hoc or contract basis within a period of four months from the date of the uploading of this order on the website of the High Court; Assistant Director: For the cadre of the Assistant Director, sanctioned strength being 46, out of which, 21 are working and 25 posts are vacant. 10 posts of which have to be filled up by direct recruitment. We direct that such process is completed within a period of four months from the date of the uploading of this order on the website of the High Court. As regards balance 15 posts which are to be filled up by promotion, 3 are stated to be already filled up leaving a balance of 12. We direct that until suitable candidates are available for promotion, at least 6 of these posts be filled up on an ad hoc or contract basis within a period of four months. Senior Scientific Officer: For the cadre of Senior Scientific Officer, the sanctioned strength being 88, out of which, 49 are working and 39 posts are vacant. All 39 posts being promotional posts and not filled up due to no person being eligible for promotion, we direct that until suitable candidates are available for promotion, at least 20 of these posts be filled up on an ad hoc or contract basis within a period of four months. Scientific Officer: For the cadre of the Scientific Officer, sanctioned strength being 186, out of which 48 are working 138 posts are vacant. The same are required to be filled up by direct recruitment. The Government has initially accorded permission for 54 and subsequently for the balance 84. Thus, there is a sanction for filling...

Karnataka High Court Issues Interim Directions To Ensure Proper Functioning of Forensic Science Laboratories

Mustafa Plumber

The court observed that inefficient FSLs will cause delay affecting the undertrials and also have a deep impact on the victims/ families of victims subjected to trauma over an extended period of time.

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