High Court directs formation of panel to check delay in FSL reports

Saurabh Malik

Chandigarh, March 1

The Punjab and Haryana High Court has directed the formation of an IAS-IPS officers’ committee, comprising three members each, to scrutinise the operations of the forensic science laboratories (FSL) in Haryana and Punjab. Its primary focus will be to look into and suggest remedial measures regarding inordinate delays and lapses repeatedly coming to the court’s notice during the hearing of multiple cases.

The direction by Justice Manjari Nehru Kaul of the high court came in a case registered under the provisions of the Narcotic Drugs and Psychotropic Substances Act, where the chemical examination was ‘completed after a delay of nearly six months’ despite the matter being labelled as priority.

Taking up the matter, Justice Kaul asserted that the delay was not an isolated incident. It rather exemplified the recurring problem of delayed reports in FSLs across the two states along with Chandigarh.

Justice Kaul asserted that it was crucial to acknowledge the pivotal role of FSL reports in criminal cases, particularly in matters under the provisions of the NDPS Act.

Justice Kaul observed: “Such undue delays not only impede timely investigations, but also prolong the conclusion of trials, infringing upon the fundamental right to speedy trial guaranteed under the Constitution. Merely being a passive observer to these recurrent issues would constitute a failure of the constitutional duty of this Court.”

The Bench added that it was imperative to address the critical issue regarding ‘alarming delays’ in the preparation and dispatch of the reports. Exercising the court’s inherent powers, Justice Kaul asserted that the court deemed it expedient to constitute the committee. Its mandate would include identification of underlying administrative and technical causes leading to the delays.

Justice Kaul further added that the committee would also recommend remedial measures to fast-track and streamline the entire process. The Advocates-General of both states were also directed to submit in a sealed cover the names of three senior IAS and three IPS officers within 10 days the committee.