Delhi HC moots guidelines to prevent unnecessary referrals to forensic science labs
The high court said these SOPs can regulate the state-run forensic science laboratories from examining unnecessary postmortem samples, avoiding delays. It also asked the Centre to consider if guidelines are needed, while directing that a public interest litigation (PIL) in this regard be treated and decided as a representation by both authorities.
A division bench comprising Chief Justice D K Upadhyaya and Justice Anish Dayal observed that such indiscriminate referrals overburdened the FSLs, delaying the analysis of crucial samples, and therefore hampering timely investigations and the delivery of justice in criminal cases.
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HC's observations came on a petition filed by Dr Subhash Vijayan, an expert in forensic medicine.
"Due to excessive and often unnecessary referrals, FSLs are flooded with cases that could have been avoided. This leads to delays in the examination of crucial samples and affects the overall pace of the criminal justice system," the court observed, while directing the authorities concerned to examine the issues and make a decision in three months.
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"This ultimately causes delay in the dispensation of criminal justice," the court remarked after Vijayan's plea pointed to the "indiscriminate" practice of sending biological samples such as viscera, blood, and tissues to the FSLs, even when not medically or legally required.
His plea argued that many doctors routinely send samples for forensic testing as a "safe" practice, even in clear-cut cases where no foul play or suspicion is involved.
He said such practice by doctors was largely due to the fear of future legal scrutiny, due to the absence of clear-cut guidelines. In many cases, samples are sent despite police officers specifically stating that lab analysis is not needed for the investigation, the petition added.
"Most doctors are afraid of the courts and our legal system. To avoid any potential legal consequences, they choose to send samples in almost every case even when unnecessary. This misguided caution is choking the system," it said. The petition argued that the practice consumes state resources, delays final postmortem reports, and causes unnecessary stress for the families of the deceased. The plea cited the use of outdated autopsy techniques, manual toxicology procedures, and delays by police in submitting samples to laboratories as key factors contributing to the problem.
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