High Court takes suo motu action on delayed DNA reports, raises critical questions

Tribune News Service

Chandigarh, August 23

Taking cognizance of significant delays in obtaining DNA profiling results in numerous cases, the Punjab and Haryana High Court has expressed strong disapproval of the indolent laxity displayed by the investigating agencies. Noting the broader implications of such delays on the criminal justice system, Justice Harpreet Singh Brar raised several issues for consideration, including sufficiency of forensic science laboratories and adequacy of staff in Punjab, Haryana, and Chandigarh to handle the caseload.

Given the seriousness of the situation, Justice Brar made it clear that the court would see whether expert opinions on DNA reports could be obtained via videoconferencing to save time; and whether there were specific guidelines in place to ensure timely submission of DNA samples and reports. The court also questioned the need for monitoring cells at the district level and whether a standard operating procedure existed for collection and preservation of samples to maintain their integrity.

In his detailed order, Justice Brar asserted the indolent laxity displayed by the investigating agency in obtaining the results of DNA profiling in a large number of cases had compelled the court to take suo motu cognizance of the same.

The directions stem from the stark contrast between the legislative intent behind the POCSO Act, which mandates swift justice, and the ground reality where investigations and trials are marred by prolonged delays.

Justice Brar noted the contradictions before stating: "On one hand, a timeline is stipulated and fast track special courts are established under the POCSO Act to specifically deal with offences falling in the purview of the said statute, while on the other, the investigation as well as the trial continue to be delayed."

This, the court remarked, was suggestive of the lack of sensitization of the officials involved and the lack of infrastructure for timely prosecution and trials. Justice Brar, during the course of hearing, also took note of an affidavit by Faridabad Commissioner of Police.

The affidavit made it clear that DNA report was awaited in 73 cases and the accused in 40 of these cases were currently in custody during the past five years in Faridabad alone. The State also informed the court that "DNA profiling of more than 10,000 unidentified bodies are currently pending."

Justice Brar warned such indolent laxity on the investigating agency’s part wielded the potential to significantly clog the criminal justice administration mechanism. Highlighting the human cost of the delays, Justice Brar stated, "The investigation and the trial cannot be allowed to linger perpetually at the expense of the accused and keep the sword of Damocles hanging over his head."