KOCHI: Migrant worker Sanjay Oraon, 26, was arrested on October 21, 2019, for allegedly stabbing to death fellow West Bengal native and roommate Ajay Uravo at the house in Kunnathunadu where they stayed. Four years on, Sanjay has been languishing in jail. The trial in the case is yet to start.
Reason for the delay: Non-receipt of the report and properties produced for examination from the Forensic Science Laboratory (FSL) concerned.
Sanjay is not the lone victim of such delays. Several undertrials are languishing in jails across the state because, as per the data available with the home department, reports in as many as 28,272 cases are yet to be received from the state, district and regional FSLs.
This has triggered inordinate delays in starting trials and conduct of further investigations. Analysis reports of material objects in 3,549 cases under the Pocso Act are also pending. Officials cite staff crunch in FSLs as the reason for such delays. The state has 14 district forensic laboratories, one state FSL, and three regional FSLs — one each in Kochi, Thrissur, and Kannur. The labs, say officials, are operating well beyond capacity.
As a result, thousands of samples remain untested, leading to a significant backlog. Clearing the backlog is expected to take several years, say official sources.
James Vadakkumchery, a noted criminologist, cites shortage of forensic experts in laboratories as the main reason for the delay.
“In several cases, it took five to six years to receive forensic examination reports. This affects trial and further investigation,” says James.
Taking note of the delay on several occasions, the Kerala High Court directed the Kerala government to wake up and set up enough forensic science/chemical laboratories. It also directed to spruce up infrastructure and deploy technical personnel to ensure reports are provided to the court within three weeks. In a similar case in 2022, the HC observed that the pendency in the labs was mind-boggling.
“Obviously, a state like Kerala where the crime rate is high requires enough labs with highly skilled scientific officers and state-of-the-art equipment. Reports from the FSL and chemical examiner's lab form the backbone of the prosecution’s case. Testing of samples must be swift, efficient, and accurate, and the report has to reach courts as expeditiously as possible. It has to be ensured that a sample forwarded to the lab is analysed and a report forwarded to the court within an outer limit of three weeks at the most. If reports are delayed as has happened in this case, the only conclusion that can be arrived at is that the system has collapsed and needs resuscitation,” the HC had observed.
When contacted, the forensic officials said when it comes to sensational and important cases, the reports are delivered timely to avoid any delay in investigation. “There are 18 FSLs functioning in the state. As of now, there is no plan to set up new laboratories,” says one of the officials, adding that on January 12 this year, the home department issued an order creating 28 additional posts of scientific officers.