'Forensic Science Labs Need More Personnel, More Expertise' :Supreme Court Expresses Concerns About Delays In FSL Reports

While hearing a matter pertaining to the Heera Gold Exim scam, the Supreme Court, on Thursday, expressed disappointment in the manner the Forensic Science Labs are functioning in the country and in particular the delay on the part of FSL at Telangana in submitting its report in the present matter. "These lab issues have been earlier also flagged by courts. The number of cases that you are bringing out…you need more personnels, more expertise." A Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh noted that in the case of Heera Gold Exim Pvt. Ltd. even after three years the FS Lab at Telangana has not been able to file a report. It noted - "The SFL Lab Telangana will render full cooperation and process their work at the earliest as this has already been more than 3 years."On a couple of occasions, Senior Advocate, Mr. Ranjit Kumar appearing for the company had suggested if the technical staff of the company can assist the SFIO (investigating agency) in obtaining the requisite data from the hard disk. Even on Thursday, Mr. Kumar submitted - "The petitioners will set up the hard disk in their presence and verify every claim. We are also interested in payment. We have not got the hard drive till date."- Additional Solicitor General, Mr. S.V. Raju was apprehensive that the personnels of the company might tamper with the data. Looking at the inordinate delay in submitting the report, Justice Kaul remarked - "These lab issues have been earlier also flagged by courts. The number of cases that you are bringing out…you need more personnels, more expertise. I find it difficult to accept that a country that boasts of large manpower to handle software and hardware, the Government should be without facilities to be able to handle it."Mr. Raju stated that they have the manpower in place but each FSL has an immense workload from the numerous cases that they are handling. "We have the manpower no doubt, but the amount of work in each FSL is mind boggling. So many cases to handle."Justice Kaul observed that the inference that can be drawn from the statement made by Mr. Raju is that FSLs lacked manpower. "Therefore you do not have manpower. Suppose you have manpower of 100 to perform a task of 1000, then you do not have manpower."Mr. Raju also pointed out - "The cost is also exorbitant. The cost is running in 60 lakhs."Justice Kaul asked, "How much is the total cost if you have to process?"Mr. Raju responded, "60 lakhs."Justice Kaul orally remarked that the said amount is not much from a Government perspective and the same can be later recovered from assets. So money ought not be an excuse for the delay. He stated - "What is 60 lakhs from the Govt. point of view. What difference does it make in so many things the Govt. spends. We have said earlier also that you are required to recover the cost of processing."He added - "I am sorry to use the term. But that is penny wise, pound foolish."Mr. Kumar suggested that the company could put the hard disk into running condition then the SFIO can make as many copies as they want from it, without the process being so cost heavy. But Mr. Raju reiterated, "We are afraid of tampering."Justice Kaul was of the opinion that when SFIO has not been able to provide a solution they need the assistance of the company. "For three years you are not able to handle it. When they offer you are saying do not allow them to touch it. If without their touching you are not able to do anything, what more will they do by touching it. It is not a museum where you will preserve and put it."Mr. Raju said that once one copy of the hard disk is made by the SFL, the company can assist with it. But, he added that making that one copy would cost Rs. 60 lakhs. "Don't tell me the Government does not have enough money to investigate, then don't take up the investigation", remarked Justice Kaul. Mr. Raju stated that considering the amount of process is exorbitant, the officials are afraid to take further action. "If you spend 50 lakhs, 60 lakhs and then the question crops up who asked you to spend that money, therefore, these officers are scared."Justice Kaul was of the opinion that the Government instils a fear-psychosis in its officers which acts as a hindrance in effective investigation. "Mr. Raju may I say the Government scares their officer. They worry 10 years after retirement they will face some CBI enquiry. Don't create a fear-psychosis in your officers. Let them do the job, they will do better."Accordingly, the Bench recorded in the order - "We are unable to appreciate as to why the assistance to the fullest extent should not be taken from the petitioners. Moreso, when for years together the investigative agency has not been able to complete the task. It is obvious that they require assistance from petitioners who are willing to give the same. Mere apprehension cannot be an answer....

'Forensic Science Labs Need More Personnel, More Expertise' :Supreme Court Expresses Concerns About Delays In FSL Reports

Sohini Chowdhury

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