'Rule of Law' Cannot Be At Mercy Of Archaic Method Of Investigation: MP HC Expresses Concern Over Govt's Myopic Approach In Establishing Of Forensic Sciences University

The Gwalior Bench of the Madhya Pradesh High Court has expressed its discontentment over the myopic approach of the state government in establishing a Forensic Sciences University.

"....approach of Authorities in M.P. regarding establishment of Forensic Sciences University is still myopic and reason appears to be their approach to equate the Forensic Sciences subjects with DNA or FSL report only whereas Forensic Sciences subjects go much beyond."

"When Artificial Intelligence, Robotics and Drone Technologies are knocking at the doors, then policy makers or stakeholders cannot place "Rule of Law" or "Adjudication Process" at the mercy of archaic method of investigation and prosecution. Police investigation and prosecution in Courts cannot lie at the altar of statement of witnesses alone but it should be based upon scientific way of investigation and Police Officers, Public Prosecutors and Trial Judges ought to be well equipped with the subjects and tools of Forensic Sciences", the court remarked.

These observation were made by a Single judge bench of Justice Anand Pathak while hearing the fourth bail application filed by the accused who was charged for offences committed under Sections 376(2) of IPC and Sections 3/4, 5/6 of the Protection of Children from Sexual Offences Act, 2012.

The Court noted that the earlier bail applications were dismissed for want of DNA report because the allegations were such where DNA report was required to be placed before the Court for arriving to any conclusion.

This had prompted the Court to raise an expectation for establishment of State Forensic Sciences University and it had thus suggested the State Government to explore the possibility of realization of concept on ground.

"Since then, a committee under the aegis of Additional Chief Secretary, Home Department was also formed but more or less nothing shaped up in concrete manner", the Court noted in its recent order.

Recording its appreciation for the assistance given by FSL Sagar and other FSL establishments across the State as well as Cyber Crimes Investigation Center, Bhopal, the Single judge bench said that still much was to be done in the field of Forensic Sciences and its use in Administration of Justice and Legal Education.

The High Court through its Arrears Committee -Cum -Case Management Committee -Cum -Committee for State Court Management System had issued a resolution on July 18, 2020 directing the State Government to take necessary measures to establish institution like National/State Forensic Sciences University to strengthen the concept of "Rule of Law". This resolution was reiterated in meetings held on June 11, 2021 and recently on August 25, 2021.

It was further noted that the Department of Law, Bhopal vide letter dated July 15, 2021 had requested the Additional Chief Secretary, Home Department, Bhopal for providing updates in the matter but till date no response was received from the concerned Department.

Noting that Forensic Sciences did not mean only DNA report or Blood Sampling or FSL report, the Bench opined that it went much beyond and if we wished to march with time, then Society and State agencies had to be well equipped with technologies.

"It not only includes DNA sampling/FSL examination but also incorporates Ballistic Sciences, Data Retrieval Mechanism, CCTV Footage Retrieval, Cyber Crimes Investigation, Finger Prints Technology, Opinion of Handwriting Expert in Questioned Document, Scene of Crime Investigation and much beyond. It can include concepts like Lab for Food Safety and Adulteration, Spurious Drugs and Cosmetics Testing and other issues related to crime investigation or for administration of justice."

In making a case for the establishment of the said University, and the purposes that it would serve, the Bench said, "Time has come when 'Rule of Law' must be treated as one of the essential components of infrastructure (like Roads, Water, Electricity and Communication), so that development of other components of infrastructure may not be sacrificed at the altar of mis-governance."

Referring to the COVID-19 pandemic, the Bench opined that the research branch of Virology and Hospital/Medical Equipments Management could  also be a part of the University; where study over local contagious and communicable diseases could be undertaken. It added that research and development of different facets of Cyber Crimes could also be one of the departments in the said University.

The Additional Advocate General suggested before Court that Officers of the Home Department could be connected on the next date of hearing so as to to get across the thought and concept in correct perspective.

Accordingly, Additional Chief Secretary, Home Department and Principal Secretary, Law of State of Madhya Pradesh, Bhopal have been requested to appear before the Court through video-conferencing on September 14 for further orders.

Cause Title: Bharat Jatav v. State of Madhya Pradesh & Anr

Counsel for the applicant: Advocate Vivek Vyas
Counsel for the respondent State: Additional Advocate General Ankur Modi and Public Prosecutor Kuldeep Singh

Click here to Download the Order.