The Delhi High Court has directed the Delhi government to consider formulating a standard operating procedure (SOP) or guidelines to prevent forensic science laboratories (FSLs) from being overburdened with unnecessary referrals during criminal investigations.
The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Anish Dayal observed that when FSLs are flooded with such unnecessary referrals, the examination of samples/ evidence that require urgent analysis gets delayed, which in turn delays criminal justice.
“According to the condition in respect of unnecessary references, the forensic science laboratories are not only flooded with such references, but the same causes unnecessary delay in the examination of the samples which are urgently needed. Such delay causes delay in the dispensation of criminal justice for the reason that it results in delayed completion of the investigating,” the Court said.
The Court was dealing with a public interest litigation (PIL) petition highlighting that in many cases, even though the forensic analysis of samples recovered during criminal investigations is not required, they are still indiscriminately sent to FSLs.This leads to a delay and degradation of samples that genuinely require forensic analysis.
The petition sought directions to constitute an expert committee comprising doctors with expertise in forensic medicine and forensic science experts to formulate guidelines on the sending of viscera/ blood samples to the FSL and the speedy and efficient processing of such samples.During hearing of the matter, the Bench cited a report written by FSL and AIIMS doctors, published by the National Human Rights Commission, which discussed the issue of delayed submissions of viscera to FSLs.
“We direct that the representation and concerns raised and suggestions given shall be considered by the appropriate authority and by the Delhi Government. An informed decision shall be taken and, if possible, some kind of standard operating procedure or guideline should be issued so as to avoid unnecessary reference to FSLs. The decision shall be taken within 3 months from today,” the Court directed.
Meanwhile, the High Court has barred a private lab from procuring or keeping new animals after allegations of cruelty surfaced.
Justice Sachin Datta on July 8 examined an inspection report and photos from Palamur Biosciences Pvt Ltd and said urgent interim directions were needed to improve the condition of animals.
The court directed Committee for Control and Supervision of Experiments in Animals (CCSEA), Ministry of Fisheries, Animal Husbandry and Dairying to take immediate steps to put in place remedial measures for veterinary treatment and proper handling of animals.
The court also directed CCSEA to prevent proliferation of practices such as euthanasia and treatment without sedatives on animals while calling for adequate arrangement for a proper habitat to the animals.PETA India claimed of having complained to CCSEA about the abusive, cruel treatment and neglect of animals at the facility.
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