Punjab & Haryana HC Takes Suo Moto Cognizance Of Laxity In Obtaining DNA Profiling Results In Multiple Cases, Raises Critical Questions

The Punjab and Haryana High Court has taken suo moto cognizance of "indolent laxity" displayed by the investigating agency in obtaining the results of DNA profiling in multiple cases.

Justice Harpreet Singh Brar asked, "Whether sufficient number of Forensic Science Laboratories at State and regional level have been established and adequately staffed in the States of Punjab, Haryana and Union Territory of Chandigarh to be able to handle the caseload?"

The Court also framed the following questions:

Whether the opinion of the experts and doctors qua the DNA reports could be obtained via video conferencing facility in order to save mandays spent in travelling?

Whether any specific guidelines and regulations have been put in place stipulating a timeline to be followed by each stakeholder as well as proper management of the samples obtained?

Whether monitoring cells are required to be established at district level to oversee timely submission of samples to the FSL and the reports to the concerned Courts?

Whether a Standard Operating Procedure (SoP) has been issued by the concerned States and U.T. Chandigarh for collection and preservation of samples so their integrity is not compromised?

The development came while hearing a plea seeking directions to preset the DNA report in a POCSO case, wherein the Court noted that in a large number of cases the investigation agency has shown lackadaisical approach in obtaining the result of DNA samples.

Justice Brar highlighted that DNA is unique to each individual and ascertainment of the same would facilitate the investigating agency in the impugning guilt on the right accused. Such scientific method is necessary for proving the guilt as well as innocence of the accused.

"On one hand, a timeline is stipulated and Fast Track Special Courts are established under the POCSO Act to specifically deal with offences falling in the purview of the said statute, while on the other, the investigation as well as the trial continue to be delayed. This lackadaisical approach is suggestive of the lack of sensitisation of the officials involved and the lack of infrastructure for timely," said the Court.

It also noted that as per the affidavit tendered by the Commissioner of Police, Faridabad, "in the last 5 years, in Faridabad alone, DNA report is awaited in 73 cases and the accused in 40 of these cases are currently in custody...counsel for the State of Haryana has also informed the Court that DNA profiling of more than 10,000 unidentified bodies are currently pending."

The judge said that, "Such indolent laxity on part of the investigating agency wields the potential to significantly clog the criminal justice administration mechanism. The investigation and the trial cannot be allowed to linger perpetually at the expense of the accused and keep the sword of Damocles hanging over his head."

A delay of this nature in submitting the DNA reports that results in serious curtailment of liberty of undertrials is unbecoming of any welfare democratic State. A DNA report returning a negative finding could be instrumental to the accused in proving his innocence, however, delayed receipt of the same could result in unjustified incarceration of an innocent person, added the Court.

It clarified that the delay practice also tramples upon the right of the victim to get speedy justice, especially in view of the fact that special legislations have been enacted for the purpose of providing speedy disposal of cases pertaining to crimes against women.

While taking Suo Moto cognisance of the matter, the Court directed the Registry to place the matter before the Chief Justice of the High Court for listing before an appropriate bench.

Mr. Abhimany Jangra, Advocate for the petitioner.

Mr. Vrishank Suri, Advocate as Amicus Curiae.

Mr. Vikas Bharadwaj, AAG, Haryana.

Mr. Subhash Godara, Addl. AG, Punjab and Mr. Sandeep Kumar, DAG, Punjab.

XXXX v. XXXX

Citation: 2024 LiveLaw (PH) 215