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2025 Supreme(Online)(Del) 48792

$~73


* IN THE HIGH COURT OF DELHI AT NEW DELHI


+ W.P.(C) 9399/2025


DR. SUBHASH VIJAYRAN .....Petitioner

Through: Petitioner in-person.

versus

UNION OF INDIA & ORS. .....Respondents

Through: Mr. Mukul Singh, CGSC with Mr. Aryan Dhaka, Advocate for UOI.


CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 09.07.2025

1. Heard the petitioner who appears in person.

2. Petitioner is a doctor by professionand has instituted the proceedings of the instant Public Interest Litigation petition, highlighting concerns in respect of the issue of clogging of Forensic Science Laboratories (‘FSL’s’) on account of alleged unmindful and indiscriminate references being made to Forensic Science Laboratories by doctors performing post-mortemexamination.

3. According to petitioner, because of the number of unnecessary references, the Forensic Science Laboratoriesare not only flooded with such references, but the same also causes unnecessary delay in examination of samples which are urgently needed. According to him, such delay ultimately causes delay in the dispensation of criminal justice in Courts, for the reason that it results in delayed completion of investigation

agencies.

4. He has also drawnour attention to a report published by the National Human Rights Commission(NHRC) in the year 2023 on “Forensic Science and Human Rights”.

5. In the said report, certain aspects of delay in disposal of cases pertaining to the analysis for detection of poison in the viscerareferredto FSL’s have been discussed. One of the findings in the said report is that “a study of cases forwarded to FSLs for toxicological analysis revealed that in 30-40% of the cases, Forensic Laboratory Examination of viscera is avoidable, and theseincluded cases of drowning, burning, strangulation, road accidents and trauma deaths”. The said report further opines that “indiscriminate references unnecessarily add to the workload of the Forensic Science Laboratories”. Certain other suggestions have been made in the said report.

6. Petitioner has already sent a representation to the Union of India (UOI) as also the Government of NCT of Delhi (GNCTD)for the same cause, which is subject matter of this instant Public Interest Litigation. Representation made by petitioner has been enclosed as Annexure P-2 to the writ petition, which is an email communication dated 29th March 2025.

7. Having regard to the nature of issue and concerns raised herein in this instant Public Interest Litigation, we direct that the representation made by petitioner dated 29th March 2025, which is contained inAnnexure P-2 to the writ petition, and the concerns raised and suggestionsgiven therein, shall be considered by the appropriate authority both at the level of the Union of India (UOI) as also the Government of NCT of Delhi (GNCTD), and after due consideration, aninformed decision shall be taken, and if possible, some kind

of Standard Operating Procedure (SOP) or guidelines shall also be issued to avoid unnecessary references being made to FSLs.

8. The aforesaid consideration and decision thereon by the appropriate authority of the Union of India (UOI) as also that of the Government of NCT of Delhi (GNCTD) shall be made within three months from today.

9. We request the learned counsel representing the Union of India (UOI) as also the Government of NCT of Delhi (GNCTD) to communicate this order to the appropriate authority forthwith.

10. The decision so taken shall also be intimated to the petitioner as well.

11. Accordingly, theWrit Petition is disposed of in the aforesaid terms.

12. Order be uploaded on the website of this Court.

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