Frame SOP to reduce unnecessary forensic science laboratories referrals, HC tells Delhi Govt
Delhi High Court
New Delhi: The Delhi High Court on Wednesday asked the Delhi Government to consider framing a standard operating procedure (SOP) or set of guidelines to prevent state-run forensic science laboratories (FSLs) from examining unnecessary postmortem samples.
A division bench comprising Chief Justice D K Upadhyaya and Justice Anish Dayal observed such indiscriminate referrals overburdened the FSLs, delaying the analysis of crucial samples, therefore, hampering timely investigations and the delivery of justice in the criminal cases, news agency PTI reported.
The directions came on a PIL filed by Dr Subhash Vijayan, a resident doctor pursuing MD in forensic medicine at Maulana Azad Medical College.
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"Due to excessive and often unnecessary referrals, FSLs are flooded with cases that could have been avoided. This leads to delays in examination of crucial samples and affects the overall pace of the criminal justice system," the court observed while directing the authorities concerned to examine the issues and take a decision in three months.
Vijayan's plea pointed to the "indiscriminate" practice of sending biological samples such as viscera, blood, and tissues to the FSLs, even when not medically or legally required.
He claimed many doctors continue to send samples for forensic testing as a "safe" practice, even in clear-cut cases where no foul play or suspicion is involved.
The plea said such practice by doctors was largely due to the fear of future legal scrutiny.
In many cases, samples are sent despite police officers specifically stating that lab analysis is not needed for the investigation, the petition added.
"Most doctors are too afraid of the courts and our legal system. To avoid any potential legal consequences, they choose to send samples in almost every case even when unnecessary. This misguided caution is choking the system," it said, reports PTI.
The petition argued the practice consumes state resources, delays final postmortem reports, and causes unnecessary stress for the families of the deceased.
Citing the use of primitive autopsy techniques, manual toxicology methods and delays by police in submitting samples to labs, the plea said all this contributed to the problem.
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