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Drawing attention to the huge pendency of sample reports at forensic science laboratories in the state of Uttar Pradesh, the Allahabad High Court recently enquired from the State Government as to whether it wants to establish a forensic lab at all at the Commissionary Headquarters in the state.

The court made this inquiry upon perusal of the personal affidavit of the Additional Chief Secretary (Home), Government of Uttar Pradesh, Lucknow in which it was stated that at present there is a pendency of about 9972 (DNA tests) in the four Forensic Science Laboratories (FSLs) of the state, out of which pendency of 8927 is at FSL, Lucknow only.

The Division Bench of Justice Surya Prakash Kesarwani and Justice Gautam Chowdhary observed at the same that if the state of affairs is such that the samples are tested after one or two years, then it may not only delay investigation and fair trial but may also adversely affect the investigation and the case.

Noting this, the court said, “Such state of affairs, looking into the seriousness of investigation and fair trial in criminal cases; cannot be allowed to continue,” and asked the state's Chief Secretary to file his personal affidavit with specific answers to the questions by the court, including the abovementioned.

To ascertain the importance of forensic test reports, the court inquired as to whether the forensic report of samples collected, shall be helpful in the investigation and speedy conclusion of the trial and if so, whether non-submission of the forensic report within a time-bound period may delay the conclusion of the investigation of a fair trial.

The court made these inquiries to get clarification on the State Government as to whether it wants fair and speedy investigation of criminal cases and fair and speedy conclusion of trials at all.

The court was hearing a Criminal Writ plea filed by Ambesh Kumar and another, from whom the sample for the DNA test was taken (for the purpose of a murder case probe) in September 2020, but the same was examined and a report was submitted by the FSL a year later, on September 29, and that too, only after the Court's order in this regard.

While making the abovesaid inquiries, the court noted that similarly, several persons had also approached the court for testing of samples and submission of the forensic reports which were collected one or two years ago.

Therefore, stressing that forensic test reports in criminal cases may prove to be an important piece of evidence for fair and speedy trial and may also prove to be very helpful in effective and fair investigation, the court sought the Chief Secretary’s personal affidavit.

Cause Title - Ambesh Kumar And Another v. State Of Uttar Pradesh & Others