Whether UP Govt Wants To Establish Forensic Lab At All Commissionary HQ In State For Speedy Criminal Probe?: Asks Allahabad HC

The Allahabad High Court recently asked the Uttar Pradesh Government as to whether it wants to establish a forensic lab at all Commissionary headquarters in the State of Uttar Pradesh in order to facilitate fair, proper, and speedy investigation and fair and speedy trial.

The Court has called for a reply from the UP Government in view of the fact that several persons are approaching the Court seeking direction for testing of samples and submission of the forensic reports which were collected one or two years ago.

Essentially, the Bench of Justice Surya Prakash Kesarwani and Justice Gautam Chowdhary was hearing a Criminal Writ plea filed by Ambesh Kumar and another, from whom the sample for the D.N.A. test was taken (for the purpose of a murder case probe) in September 2020, but the same was examined and a report was submitted by forensic science laboratory a year later, on 29 September 2021, and that too, after the Court's order dated September 23, 2021.

During the course of the hearing, the court persued a personal affidavit filed by the Additional Chief Secretary (Home), UP Govt., informing the Court that a total of 9972 DNA test samples are pending in four forensic science laboratories in the State of Uttar Pradesh and the pendency at forensic science laboratory, Lucknow is 8927.

In view of this, emphasizing upon the importance of forensic test reports, the Court observed thus:

"Forensic test reports in criminal cases may prove to be an important piece of evidence for fair and speedy trial. It may also prove to be very helpful in an effective and fair investigation. If the state of affairs are such that the samples are tested after one or two years, then it may not only delay investigation and fair trial but may also adversely affect the investigation and the trial."

Lastly, stressing that such state of affairs, looking into the seriousness of the investigation and fair trial in criminal cases; cannot be allowed to continue, the Court directed the State Of Uttar Pradesh's chief secretary to file his personal affidavit with specific answers to the following questions:-

• Whether the State Government wants fair and speedy investigation of criminal cases and fair and speedy conclusion of trials?
• Whether the forensic report of samples collected, shall be helpful in the investigation and speedy conclusion of the trial?
• Whether non-submission of the forensic report within a time-bound period may delay the conclusion of the investigation of a fair trial?
• Whether the State Government would like to establish a forensic lab at all Commissionary headquarters in the State of Uttar Pradesh so as to facilitate fair, proper, and speedy investigation and fair and speedy trial?

Case title - Ambesh Kumar And Another v. State Of U.P. And 4 Others

Click Here To Download Order

Read Order