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2018 Supreme(Gau) 61
IN THE HIGH COURT OF GAUHATI AT ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Ajit Singh, Manojit Bhuyan, JJ.
In Re - The State of Assam Rep. by the Commissioner and Secy. to the Govt. of Assam, Home Deptt., and Anr.
PIL 35 of 2016
Decided On : 26-03-2018
Advocate Appeared:
For the Petitioner: SC, GHC
For the Respondent: Mr. D. Saikia
The main legal point established in the judgment is the court's authority to direct the State Government to address deficiencies in the State Forensic Science Laboratories and ensure the effective functioning of forensic science services.
Headnote:
Forensic Science Laboratories - State Forensic Science Laboratory, Guwahati and Regional Forensic Science Laboratory, Jorhat - 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12
Fact of the Case:
The public interest litigation was taken up suo-muto by the court following news articles revealing the sorry state of affairs in the State Forensic Science Laboratories, including acute shortage of manpower, poor infrastructure, lack of chemicals and equipment, and pending test reports.
Finding of the Court:
The court found that the State Forensic Science Laboratories were facing severe deficiencies in manpower, infrastructure, and resources, leading to a large number of pending cases and inadequate functioning. The court appointed a committee to examine the issues and provide suggestions for improvement.
Issues: The main issues were the acute shortage of manpower, poor infrastructure, lack of chemicals and equipment, pending test reports, and the non-functional Regional Forensic Science Laboratory in Jorhat.
Ratio Decidendi: The court directed the State Government to implement all the suggestions made by the committee, including filling up of all vacancies within six months. The court also directed the reconstituted 'State Forensic Science Development Board' to monitor funds and ensure progressive development of Forensic Science Services in the State.
Final Decision: The public interest litigation was finally disposed of with the directions for the State Government to implement the committee's suggestions and for the reconstituted Board to monitor the State Forensic Science Laboratories' functioning.
The importance of forensic evidence in the legal system is underscored by its critical role in ensuring accurate and reliable investigation and prosecution of criminal cases. Forensic evidence provides objective scientific data that can substantiate or refute allegations, thereby enhancing the fairness and integrity of judicial proceedings [judgement_subject].
Effective forensic science services, including well-equipped laboratories and trained personnel, are essential for timely and accurate analysis of evidence such as DNA, fingerprints, ballistics, and cybercrime data. The court's emphasis on addressing deficiencies in manpower, infrastructure, and resources highlights the significance of maintaining high standards in forensic investigations to prevent wrongful convictions and ensure justice [Fact of the Case][Finding of the Court].
Moreover, the court's directives to improve forensic facilities and ensure proper functioning of forensic laboratories reflect the recognition that forensic evidence is often pivotal in establishing facts beyond reasonable doubt. Properly collected, analyzed, and reported forensic evidence can be decisive in criminal trials, especially in complex cases involving technical details [Ratio Decidendi].
In essence, forensic evidence serves as a cornerstone of modern criminal justice, providing scientific credibility to investigations and helping courts arrive at just decisions based on objective facts rather than mere conjecture or circumstantial evidence [judgement_subject].
Ajit Singh, J.
Mr. H.K. Das and Mr. D.J. Kapil, learned counsel for the petitioner.
2. Mr. D. Saikia, learned Senior Additional Advocate General, Assam assisted by Mr. R.K.D. Choudhury, learned Senior Government Advocate for the respondents.
3. Pursuant to publication of two news articles published in ‘The Times of India’ and ‘The Sentinel’ regarding the sorry state of affairs in the State Forensic Science Laboratories, this public interest litigation was taken up suo-muto. It was revealed in the said news articles that there is acute shortage of manpower and the infrastructure is also very poor. Out of 144 sanctioned posts, as many as 44 posts, including that of the Director were lying vacant for over three years and out of 52 posts of reporting officers, 31 posts were lying vacant. Besides, there is lack of chemicals and adequate equipments for which various tests could not be conducted in the said forensic laboratories. It further revealed that DNA typing and cybercrime units have been virtually shut down for almost one year and other expensive equipments were lying and used. It was further reported that results of investigations in 1052 cases including grave offences and 16,419 samples are awaiting test reports.
4. This Court vide order dated 16/5/2016 directed the authorities to disclose within what period the vacancies in the State Forensic Science Laboratory, Guwahati, will be filled up and also to report regarding the period within which the reports of the pending samples will be prepared.
5. In compliance of the aforesaid order, the Joint Secretary of the Home Department, Government of Assam filed an affidavit stating that there is insufficiency of allocation of funds and many posts were lying vacant. This court considering the financial/manpower/Infrastructural deficiencies decided to appoint a committee to receive input on how the problems can be addressed and accordingly vide order dated 26/9/2016 nominated the following persons to examine the functions of the State Forensic Science Laboratory, Guwahati, and Regional Forensic Science Laboratory, Jorhat and provide feedback on to how things can be improved. They were:-
i. Dr. Dhirendra Nath Saikia, IAS (Retd.), Retired as Commissioner and Secretary, Personnel and Science and Technology Department, Government of Assam and Member, Police Accountability Commission, Assam;
ii. Dr. Padmapani Mahanta, Retired Director, Forensic Science Laboratory;
iii. Mr. Minendra Nath Bora, Forensic Science Laboratory.
The committee was requested to provide the suggestions in three months.
6. In compliance of the order of this court, the committee submitted its final report on 14/5/2017 regarding functioning of the State Forensic Science Laboratory, Guwahati and Regional Forensic Science Laboratory, Jorhat. The report meticulously deals with various aspects of both the Forensic Science Laboratories and in Chapter 6-Conclusions-it has forwarded various suggestions for improvement of the functioning and infrastructure of both the Forensic Science Laboratories which are reproduced herein below for ready reference:-
“CHAPTER 6
CONCLUSIONS
The various observations and suggestions for improvement of the functioning of the State Forensic Science Laboratory, Guwahati and the Regional Forensic Science Laboratory, Jorhat have already been discussed in Chapters 2 & 3. To ensure proper growth of Forensic Science in the State, various measures have been suggested in Chapter 5 so that on the basis of modern management concept, the State Laboratory is restructured and the Laboratory can excel in all fields of Forensic Science.
We would now like to sum-up some of the vital issues in this concluding chapter.
6.1 IMMEDIATE STEPS TO BE TAKEN TO SORT OUT THE PROBLEM OF PENDENCY OF CASES.
During the visit to the different divisions of the Laboratory, the Committee members found that some basic instruments were not available in some Divisions and in some other divisions, they need immediate repair. This had badly
