Punjab and Haryana High Court sounds alarm on forensic delays, orders states to enact reforms

In a move to rectify systemic deficiencies within the forensic science laboratories (FSLs) of Punjab and Haryana, the Punjab and Haryana High Court has called for immediate implementation of comprehensive recommendations proposed by specialised committees. Central to these recommendations is the establishment of an independent directorate for FSLs to be headed by a full-time director and an additional director. The restructuring is aimed at enhancing autonomous decision-making and ensuring the efficient delivery of forensic reports, thereby upholding the fundamental right to a speedy trial as enshrined under Article 21 of the Constitution of India.

“This Court directs 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,” Justice Manjari Nehru Kaul asserted.

Recognising the gravity of the issue, the court on February 29 had constituted committees comprising three IAS and three IPS officers each for both Punjab and Haryana. The committees were entrusted with the responsibility of identifying the “root administrative and technical causes underlying the delays in the preparation and dispatch of FSL report”.

In addition to the establishment of the independent directorate, the committees called for the implementation of standard operating procedures (SOPs) specific to each division within the FSL. The committees made it clear that the recommendation would ensure consistency and efficiency in operations, with the SOPs aligned to meet minimum performance targets established by the central government.

The committees also referred to the need for optimised budget utilisation, proposing that the FSL director be endowed with enhanced financial powers to expedite procurement processes to help minimise delays in the preparation of forensic reports and ensuring timely justice.

Justice Kaul observed the committees had advised the prompt facilitation of recruitment processes and the temporary engagement of contractual personnel on short-term basis to sustain operations without hindrance and address personnel shortages.

“To mitigate staff shortages, the committees have recommended prompt facilitation in the joining and training of selected candidates. Regular follow-ups with State services commissions and staff selection boards are essential to expedite the process of recruitment,” Justice Kaul observed.

For streamlining the judicial proceedings, the committees recommended minimising the physical presence of forensic officers in the court by allowing them to provide evidence through videoconferencing.

Recommending infrastructure enhancement, the committees called for immediate allocation of adequate land and budget for the expansion of FSL facilities, specifying land allocations for both state and regional laboratories in Punjab. Furthermore, training programs for investigating officers were recommended to improve their capacity to identify forensic materials effectively, thereby reducing unnecessary backlogs in case submissions.

The committees also emphasised priority procurement of essential forensic equipment, such as DNA testing kits, to bolster the operational capabilities of the FSL. “To maintain the integrity of the FSL reports, all results should be digitally persevered for potential verification. To validate accuracy, a protocol for random cross checking results by sending samples to other FSLs should also be instituted,” it was suggested.