Karnataka High Court Issues Interim Directions To Ensure Proper Functioning of Forensic Science Laboratories

A division bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj was hearing a suo-motu petition initiated based on the order passed by a single judge bench, dated December 22, 2020 in which it had issued several directions to the state government for filling up of vacancies.

On going through the affidavits filed by the government on filling up of posts and providing proper facilities at laboratories, the court observed,

"It appears that the steps now being taken are literally baby steps and those steps are far too less compared to what action is required to be taken by the State Government, more particularly, keeping in mind that many of these forensic science test reports are required in criminal matters where many a time the accused is in judicial custody and trial is delayed due to non-receipt of the report from the Forensic Science Laboratories, thereby impinging on the fundamental rights of the accused guaranteed under Article 21 of the Constitution."

Further, the court said "Apart from the delay affecting the undertrials, the same also has a deep impact on the victims and/or the families of the victims, who are subjected to trauma over an extended period of time due to the delay of the FSL."

It added "In the above background, it is clear that there is a duty imposed on the State to enable speedy resolution of criminal matters, which would include the aspect of setting up of a system to enable speedy analysis of all forensic samples and submissions of reports."

As per details given to the court, three posts of joint directors, seven posts of deputy directors, 18 posts of assistant directors, 35 posts of senior scientific officers and 138 posts of scientific officers are vacant at various FSLs in the state. A report in relation to a Narcotic matter takes 1 year, Computer/mobile/audio-video forensics takes about 1 and half year, a DNA test takes 1 and half years, these being average time.

Following Interim directions were issued:

Manpower and Recruitment

Joint Director: We direct that in regard to the posts of Joint Director, which are all vacant (3 in number) one post ought to be filled up by deputing an IPS officer of a super time scale from the Karnataka Police Department as a Joint Director of Administration within a period of one month of this order. The remaining two posts of Joint Directors, which are stated to be required to be filled up by promotion, we direct that until suitable candidates are available for promotion, at least one post be filled up on an ad hoc or contract basis within a period of four months from the date of the uploading of this order on the website of the High Court;

Deputy Director: As regards the cadre of the Deputy Director, the sanctioned strength being 15, out of which, 5 are working and 10 posts are vacant. There being no eligible candidate for promotion, we direct that until suitable candidates are available for promotion, at least 5 of them be filled up on an ad hoc or contract basis within a period of four months from the date of the uploading of this order on the website of the High Court;

Assistant Director: For the cadre of the Assistant Director, sanctioned strength being 46, out of which, 21 are working and 25 posts are vacant. 10 posts of which have to be filled up by direct recruitment. We direct that such process is completed within a period of four months from the date of the uploading of this order on the website of the High Court.

As regards balance 15 posts which are to be filled up by promotion, 3 are stated to be already filled up leaving a balance of 12. We direct that until suitable candidates are available for promotion, at least 6 of these posts be filled up on an ad hoc or contract basis within a period of four months.

Senior Scientific Officer: For the cadre of Senior Scientific Officer, the sanctioned strength being 88, out of which, 49 are working and 39 posts are vacant. All 39 posts being promotional posts and not filled up due to no person being eligible for promotion, we direct that until suitable candidates are available for promotion, at least 20 of these posts be filled up on an ad hoc or contract basis within a period of four months.

Scientific Officer: For the cadre of the Scientific Officer, sanctioned strength being 186, out of which 48 are working 138 posts are vacant. The same are required to be filled up by direct recruitment. The Government has initially accorded permission for 54 and subsequently for the balance 84. Thus, there is a sanction for filling up entire vacant posts. It has been stated that 54 posts will be filled up by 31.07.2021, and 84 posts will be filled up by 31.03.2022. We direct that these vacancies be filled up as undertaken. This being the feeder category, considering that the persons holding these posts would be promoted to fill up the higher posts, it would be required for additional recruitment to be made in this category, taking into consideration the promotions to be made in the higher categories. In this regard there would be a requirement to exercise powers under Rule 131 of the Karnataka Finance Code, 1958, to permit excess appointments being made in lower grade on an interim basis against the vacancies unfilled in the higher grade on account of non-availability of eligible candidates for promotion.

Lab Assistant: Similarly, as regards the cadre of Lab Assistant, we direct the State Government to complete the recruitment by 31.08.2021 as undertaken.

EEG Technician: We direct the state government to fill up the 7 posts for EEG Technician by 31.08.2021 as undertaken;

Laboratory Attenders: As regards the Laboratory Attenders, it is required that when the above-mentioned posts are filled up, there will be enough and sufficient Laboratory Attenders available. The statement made by the learned Additional Chief Secretary in regard to filling up of 37 Laboratory Attenders by 30.09.2021 and 30 attenders having been already employed on a contract basis, totalling 67 persons out of 87 vacancies, we direct that the balance 20 posts are also filled up within a period of four months.

OT Attender: Surprisingly, there is a statement made that there is no brain mapping and narco test, which is being conducted in any of the State labs. It is required that the same is made operational. In our opinion, the same is not taking place since there is no OT Attender available at any of the Forensic Science Laboratory. In view thereof, since no steps have been taken to recruit one OT Attender, we direct that such a person be recruited within a period of four months from the date of the uploading of this order on the website of the High Court.

Armorer: It is stated that one vacancy in the cadre of Armorer has not been filled up since the particular section in Mangalore RFSL has not been made operational. Considering the nature and number of cases, coming out of or around Mangalore relating to firearms, it is required that the said section is made operational and Armorer is recruited at the earliest and at any rate within a period of four months.

The court clarified,

"The aforesaid is only as regards the present sanctioned strength on the basis of the current sections made operational. There are several sections which have not been made operational and everal new sections are required to be added. It is therefore required for the Director, Forensic Science Laboratory to submit the details of the number of persons required in different cadres to make those sections operational for each RFSL as also new sections to be added. For this purpose, we grant time till 30th September 2021 to the Director, SFSL to submit his report. This would also include the requirement of new RFSLs to be established at Bellary and Hubbli."

Operationalising the Sections at RFSL

We direct that the State as also the Director of Forensic Science Laboratory to operationalise the remaining sections at all the Regional Forensic Science Laboratories within a period of six months.

Operationalising other proposed sections.

We direct that the State and the Director of Forensic Science Laboratory to operationalise the additional sections, which have been proposed viz., DNA testing, Digital Forensic (combining of 3 sections of Computer, Mobile and Audio-Video Forensics) in all the Regional Forensic Science within a period of one year.

Additional Regional FSL At Hubbli and Bellary

We direct that the Additional Regional Forensic Science Laboratories at Hubbali and Bellary consisting of all 13 sections be operationalised within a period of one year.

New Sections to be made operational.

Certain new sections like Advanced Digital Forensic, Explosives, Wildlife forensics and other sections as extracted and detailed above are required to be established and made operational in the State Forensic Science Laboratory as also all the Regional Forensic Science Laboratories. We direct that the same be done within 9 months.

Time Period from collection of sample to submission of Reports

As recommended by KSLSA, we direct that all the reports going forward shall be submitted within one month.

"There being a large number of samples pending examination, the SFSL and RFSL shall endeavour to submit reports relating thereto within a period of 3 months from today," the court said.

Administration and Monitoring Wing:

We direct that once the Joint Director (Administration) is appointed on deputation, he will set up an Administration and Monitoring Wing which would monitor the time taken from the time of collection of the sample to the submission of the report to the investigating officer and/or the Court. The said Joint Director would also have to formulate an action plan to expeditiously complete the process so as to achieve the timeline as recommended by the KSLSA.

The FSLs, both SFSL and RFSL shall endeavour to submit the reports within the timeline recommended by the KSLSA. If there is any delay in the submission of the report, an explanation for such delay would be required to be submitted by the SFSL/RFSL to the Court concerned. The said Joint Director would also have to formulate an action plan as regards the samples pending examination and place the said plan on record of this Court within a period of 15 days of his/her appointment.

FSL Dashboard

The Forensic Science Laboratory to maintain a dashboard on its website for public viewing, displaying the information as regards the date, nature and number of samples received for analysis, the status of the processing of the samples, date of submission of the report, time taken to process from the date of receipt of sample to date of submission of the report. If there is any delay in the submission of the report, reasons for delay in submission to be recorded and uploaded. This would be for samples now pending analysis, as also future samples.

Courts to follow timelines.

All the Courts dealing with matters where samples had been sent for forensic examination ought to take into consideration the timeline as recommended by the KSLSA and ought to enforce the said timeline and not grant unnecessary adjournments insofar as the receipt of FSL results are concerned. Adjournment to be granted only on sufficient reasons having been made out. For this purpose, the Courts should also maintain the necessary calendaring system, so that the reports are received within the timeline. Courts would be required to take such action or steps as may be necessary to secure the reports at the earliest, so that the trial can proceed.

Research and Development Wing

We direct that a Research and Development Wing be established in the SFSL, which shall look into, analyse and recommend the introduction of new sections in the SFSLs, as also RFSLs, the latest equipment that is required to be procured, as also to formulate guidelines and/or Standard Operating Procedure as regards collection, transportation, storage and processing of samples. The said Wing could also formulate and develop the format of the reports that are to be submitted, as also to identify any refresher courses, training and or the like which are required to be made available to the officers of the FSLs both at the SFSL and RFSLs and provide such training through proper and suitable resource personnel. In this regard the said Wing could also obtain study and recommendation reports from Expert Organisation.

District Scientific Aid (DSA) units and Scene of Crime Officer (SOCO)

We direct that the District Scientific Aid (DSA) units at each district with staff consisting of one Senior Scientific Officer, two Scientific Officers and one Lab attender shall be operationalised within a period of six months.

It added "We direct that the appointment of Scene of Crime Officer (SOCO) at all the police stations in the State of Karnataka is made within a period of six months from the date of the uploading of this order on the website of the High Court."

Mobile Forensic Laboratories

We direct that all DSA units be provided with fully equipped Mobile Forensic Laboratories so as to cater to maximum number of tests/examinations that they could perform within a period of six months.

Recording of Evidence

The District Judiciary and the trial Courts in the State of Karnataka are directed to apply the principles laid down by the Hon'ble Apex Court in the case of Thana Singh vs. Central Bureau of Narcotics reported in (2013) 2 SCC 590 permitting the officers of the Forensic Science Laboratory to furnish the reports in terms of Section 293 of Code of Criminal Procedure and where required to appear in person to permit their appearance through video conferencing.

Sensitise public prosecutors

We direct the Director of Public prosecution to sensitise and provide adequate training to Public Prosecutors, Senior Asst. Public Prosecutors, Asst. Public Prosecutors etc, in respect of the laws and procedure applicable to Forensic reports, evidence to be submitted in relation thereto including the requirement under Section 293 of Cr.P.C.

A compliance report shall be submitted by 30th September 2021 after serving a copy thereof to KSLA and its Counsel.

Procurement of Equipment

Coming to the aspect of procurement, a Three Year Plan has been prepared to detail out the various items which would be procured from time to time. We direct that the necessary funds be released by the State for all the necessary equipment to be procured at the earliest possible, taking into account the manpower being recruited, sections being operationalised and new laboratories being established.

The court will now consider the progress made on the interim directions issued, on October 8.

Case Title: High Court of Karnataka & State of Karnataka

Case No: W.P No.2739 OF 2021

Coram: Chief Justice Abhay Oka and Justice Suraj Govindaraj.

Appearance:

Advocate Vijay Kumar A. Patil, For Respondents

Advocate Venkatesh S. Arbathi, Appointed by KSLSA To Assist The Hon'ble Court