NEW DELHI: The Delhi High Court has asked the Delhi government to seriously consider framing a standard operating procedure (SOP) or issuing clear guidelines to prevent forensic science laboratories (FSLs) from being overwhelmed by avoidable referrals during criminal investigations.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Anish Dayal passed the direction while hearing public interest litigation (PIL) that flagged how, in several cases, viscera and other forensic samples were being routinely sent for testing even when such analysis was not necessary.
The Court observed that this practice ends up delaying analysis of critical samples, which directly impacts the timely delivery of justice. It remarked that unnecessary referrals not only clog the system but also result in delays in completing investigations and in the overall criminal justice process.
The judges noted that sending every sample indiscriminately to FSLs burdens the institutions and hampers their efficiency. They added that it results in essential samples being queued behind non-urgent cases, causing either degradation of key evidence or incorrect results due to prolonged storage.
Referring to findings from a joint report authored by doctors from FSL and AIIMS, published by the National Human Rights Commission, the Court pointed out that 30 to 40% of toxicology cases forwarded to FSLs did not actually require forensic examination.
The report underlined how indiscriminate referrals significantly increased the laboratories’ workload. The petition before the Court had requested the formation of an expert committee comprising forensic medicine specialists and forensic science experts. The committee was proposed to help frame appropriate protocols regarding when and how viscera or blood samples should be sent for forensic testing, ensuring only necessary cases are referred and that those are processed efficiently.
Taking these concerns into account, the Court directed the competent authority in the Delhi government to examine the petitioner’s representation and act upon it without delay.
The Bench instructed that the suggestions provided in the petition, along with the concerns raised about delays and inefficiencies, should be carefully evaluated. The government has been given a three-month timeline in the matter.