The central legal point established in the judgment is the importance of scientific investigation, training, and specialization for police officers in forensic work, and the prevention of political interference in investigations.

1. We have heard Shri Mukhtar Alam, learned counsel for the petitioner, Shri D.R. Chaudhari, learned Government Advocate assisted by Shri Vimalendu Tripathi, learned Additional Government Advocate, Shri Sanjay Kumar Jaiswal, learned counsel who appeared on behalf of Additional Solicitor General of India.

2. Dr. S.B. Upadhyay, Director Forensic Science Laboratory, UP, Shri S.K. Raghuvanshi, Special Secretary (Home), U.P. are also present.

3. We are informed about the developments that have taken place in pursuance of the earlier orders of this Court. Our attention has especially been drawn to the 'Action taken' report filed today which mentions action taken on seven points which are as under:

1.Training of medical officers,

2. Improvement in mortuaries,

3. Sanction of posts in FSL/Existing Labs,

4. Finalization of proforma,

5. Upgradation of FSL/Existing Labs,

6.Disposal of old samples of viscera collected in districts,

7.Meeting of State Level Committee.

4. On the next listing we would like greater details on the aforesaid points and how shortfalls are estimated regarding the level of knowledge of medical doctors engaged in forensic medical work, or the conditions of mortuaries, or the shortage in posts in Forensic Science Laboratories and the facilities therein, or with regard to the problem of over-crowding of old samples of visceras in places of storage, so that we can evaluate whether the measures suggested are equal to the tasks involved. We would also like to have feedback/progress reports every three months on the improvements, if any, as a result of the interventions.

5.We also direct the Finance department to provide funds for the aforesaid plans, and provide details to the Court on the next listing about the amount and time schedule by which funds are to be released for the aforesaid purposes and how the government is planning to monitor that the funds are properly utilized in a time bound manner.

6.If human rights are to be preserved and simultaneously the interest of society is also to be protected then scientific investigation is necessary both for ensuring that innocent persons are not implicated in crimes by the police for showing its success in solving cases on the basis of third degree measures or trumped up witnesses, and at the same time the actual offenders do not escape identification and punishment.

7. We would like the State government to come up with a plan on the next listing for constituting forensic units in each district with one or more officers, a superior referral forensic unit at the divisional headquarters level and a specialized forensic department at the State level, in a similar manner to the PHCs, CHCs, district hospitals and specialized medical centres at State level that we see under the government health scheme.

8. The aforesaid 'Action taken' points relate to some important areas for intervention, and are largely concerned with forensic work by specialized agencies. But we need a plan of action for actually carrying out investigations at the ground level by local investigators. This has been alluded to in the Action point No. 4 on "Finalization of Proforma." But there are other issues in this respect which we shall also be referring to hereinafter.

9. We would like the state government also to come up before this Court with a time frame for separating the investigating wing of the police (which will help such officers to specialize in forensic work) from the law and order and VIP and other duties wing, which has been repeatedly emphasized by the Apex Court in Prakash Singh v Union of India, 2006 AIR SCW 5233 and Pramod Kumar v Bihar Vyavsayik Sangharsh Morcha, AIR 2007 SC 2948 as also by decisions of this Court and to which the State and Union are also committed as per their own reports. The reasons for failure so far in carrying out these directions may also be indicated. Also what mechanism is to be devised for identifying intelligent, diligent and honest police officers for assign