A panel is to be formed by the High Court to monitor FSL report delays
An IAS-IPS officers’ committee with three members each has been mandated by the Punjab and Haryana High Court to examine the workings of the forensic science laboratory (FSL) in both states. Its main goal will be to investigate and recommend corrective actions for excessive delays and mistakes that the court often notices while hearing several cases.
In a case filed under the Narcotic Drugs and Psychotropic Substances Act, where the chemical test was “completed after a delay of nearly six months” despite the matter being labeled as a priority, Justice Manjari Nehru Kaul of the high court issued the order.
Taking up the case, Justice Kaul said that there was more than one instance of the delay. It rather served as an example of the ongoing issue of delayed reports in FSLs in Chandigarh and the other two states.
Justice Kaul said that it was critical to recognize the critical function that FSL reports play in criminal proceedings, especially where such cases fall within the purview of the NDPS Act.
Judge Kaul made the following observation: “Such excessive delays violate the fundamental right to a speedy trial guaranteed by the Constitution by impeding not only timely investigations but also the conclusion of trials.” To just observe these ongoing challenges in a passive manner would be to fail in this Court’s constitutional role.
The Bench also said that the “alarming delays” in the compilation and delivery of the reports were a serious problem that needed to be addressed. Justice Kaul said that the court thought it was appropriate to form the committee, using its inherent authority. Finding the underlying administrative and technological reasons of the delays would be part of its responsibility.
Justice Kaul continued by saying that the committee will also suggest corrective actions to expedite and simplify the procedure as a whole. Additionally, the names of three senior IAS and three IPS officials were to be submitted to the committee in a sealed cover by the Advocates General of both states within ten days.
