The court mandated comprehensive reforms in forensic autopsy processes, including the formulation of Standard Operating Procedures (SOPs), specialized training modules for stakeholders, and the establishment of a permanent expert committee to ensure the integrity of evidence in the criminal justice administration.

ORDER :

G. Ramakrishna Prasad, J.

After pronouncement of the Judgment in Criminal Appeal No.326 of 2017 on 07.08.2023, keeping in mind the shortcomings in recording of the opinion by the Forensic Experts and also keeping in mind the dictum of the Hon'ble Supreme Court in Dayal Singh and Others V. State of Uttaranchal, (2012) 8 SCC 263, we thought it expedient that there is immediate necessity for revamping the methods of Post-Mortem Examination and recording of findings/opinion by the Expert Bodies. Having so contemplated, we have also thought it expedient to issue directions to the Principal Secretary, Department of Home and the Head of the Forensic Department to collaborate with each other for formulation of Standard Operating Procedures (for short "SOPs") and also for formulation of separate and exclusive Check-Lists depending on the nature of the death and preparation of Modules for training of the Police Personnel, Forensic Experts and Judicial Officers.

2. Vide Judgment dated 07.08.2023, in this Criminal Appeal, we have noted that a bad reporting of a forensic examination has the propensity to derail the case of the prosecution. We have also noted the significance of forensic autopsy in the Criminal Justice Administration and necessity of employing modern methods vis-à-vis the establishment of Rule of Law. We have also noted in the said Judgment about the negligent manner in which the forensic expert had prepared the Post-Mortem Certificate, thereby leading to initiation of the disciplinary proceedings against the said Forensic Expert. For this purpose, we have noted that the Criminal Justice Administration, not only in India but in the World over, cannot afford to tolerate even the minor acts of negligence or inadvertence much less fraud and connivance, which endanger the credibility of the Prosecution case. Therefore, we have held that the Criminal Justice Administration is a “Zero Tolerance Zone”. For the purpose of achieving the above mentioned objectives, this Criminal Appeal was listed on 07.08.2024.

3. On the said date, Ld. Public Prosecutor had brought it to the notice of the Court that the Principal Secretary, Department of Home has addressed a Letter on 11.11.2023 to the Registrar (Judicial) for extension of time for constituting Expert Committees. It was also stated that the said Principal Secretary had addressed another Letter on 09.01.2024 to the Registrar (Judicial) to name a retired District Judge for his inclusion in the Sub-Committees. On the said date, this Court had granted three (03) months time for constitution of Expert Bodies. Insofar as the retired District Judge is concerned, this Court had declined to name any one and had left it to the choice of the Government. It was also informed that the practice of addressing Letters to the Registrar (Judicial) for seeking directions from the Court is an incorrect practice and that the Government is required to file Interlocutory Applications in the said Criminal Appeal for seeking any directions.

4. On 16.10.2024, the Government had constituted an Expert Body for Forensic Autopsies vide G.O.Ms.No.129 Home (Ser.I) Dept., dated 16.10.2024 with the following members: