Delay in submitting the forensic test report due to the lack of adequate manpower poses a significant challenge to the administration of justice: Orissa High Court

By - Pavni Dada*

The field of forensic science is hampered by manpower shortages. Due to this, as well as the large number of pending cases, experts frequently fail to complete the testing within the time frame set forth in the testing protocol. The High Court of Orissa took note of the fact that most of the forensic laboratories are understaffed and lack basic infrastructure. 

It was brought to the notice of the court that 579 cases pertaining to DNA tests are pending with the State Forensic Science Laboratory (“SFSL”), Bhubaneswar which is manned by only two Scientific Officers and two Assistant Scientific Officers. Though proposals to increase the strength have been given to the government, no steps have been taken by the government in this regard.  

Also Read - Admissions conducted through private counselling are per se illegal: Supreme Court dismisses plea of students admitted through private counselling

“It is unfortunate that the State Government has not given priority to the issue as it deserves”, the bench observed. According to the bench, in order to decongest the caseloads of the SFSL, Bhubaneswar, the topic of strengthening Regional Forensic Laboratories spread throughout the state, demands special attention.

The bench observed that such a delay in completing tests and providing scientific reports is an affront to the criminal justice system and contributes to the system’s inefficiencies. The Court was informed by the SFSL's director that there were concerns with the shortage of manpower. It was argued that the Laboratory failed to perform testing as required under the testing methodology as a result of such a shortage. 

Also Read - An educated person is not immune to cheating: Delhi High Court denies anticipatory bail to a senior Navy officer accused of rape

The bench also referred the reports of various committees and commissions set up by the Government of India such as report of the National Police Commission; the Report of the Ribeiro Committee; the Padmanabhaiah Committee Report and the Report of the Soli Sorabjee Committee. All of them have emphasized the importance of forensic science as a potent tool in the arsenal of justice administration. 

“...this Court requests the Chief Secretary and Home Secretary, Government of Odisha to look into the pending issue of inadequate manpower of the S.F.S.L., Bhubaneswar and other regional centres with utmost urgency and to take stringent measures to ensure that these tests...are done within the time prescribed under the protocol so that the Courts, the prosecutors, and litigants in general would not have to wait for the scientific reports for months together.”, the order said.

CLICK HERE TO READ ORDER.

*Pavni Dada is a 1st year student pursuing B.B.A.LL.B from Symbiosis Law School, Hyderabad.