BENGALURU: Acting sou motu, the Karnataka High Court issued a series of interim directions to the state Forensic Science Laboratories (SFSLs) and Regional Forensic Science Laboratories (RFSLs) to expedite processing of samples and furnish analysis reports as early as possible to ensure speedy trial of criminal cases.
A division bench of Chief Justice Abhay Shreeniwas Oka and Justice Suraj Govindaraj said that only after an order was passed by one of them -- Justice Suraj Govindaraj -- in a criminal petition did the State wake up and submit that it is taking certain action.
“It appears that the steps now being taken are literally baby steps and they are far too less compared to what action is required... Particularly as 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, thereby impinging on the fundamental rights of the accused.
This also has an 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. Thus, in our opinion, there is gross violation of Article 21 of the Constitution 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 court observed.
The bench noted that it is rather shocking that one year is taken for chemical analysis, one-and-a-half years for computer forensics, mobile forensics, audio, video forensics, DNA analysis and questioned documents, due to lack of manpower and equipment. Surprisingly, a statement was made that there is no brain mapping and narco-tests in any of the state labs as there are no OT attenders, the court said.