Delhi HC Asks Govt to Frame Guidelines on Unnecessary FSL Referrals
PIL raised concerns about unnecessary referrals to FSLs and urged streamlining of the process.;
The Delhi High Court has recently asked both the Centre and the Delhi Government to frame standard operating procedures (SOPs) or guidelines to filter out unnecessary references to Forensic Science Laboratories (FSLs).
A bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Anish Dayal passed the direction while hearing a public interest litigation (PIL) filed by Dr. Subhash Vijayaran, who had appeared in person.He raised concerns about the indiscriminate and excessive referrals made by doctors to FSLs during post-mortem examinations.
Taking note of the concern, the Court directed that appropriate SOPs or guidelines must be framed within three months.
"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," the Court said.
The petitioner contended that unnecessary referrals not only overburden FSLs but also cause delays in the examination of time-sensitive samples, which ultimately hampers the investigation process and also delays the delivery of justice in criminal cases.
Referring to a 2023 report by the National Human Rights Commission (NHRC) titled “Forensic Science and Human Rights,” the petitioner contended that the said report found that in 30–40% of cases forwarded to FSLs for toxicological analysis, viscera examination was avoidable. These included cases of drowning, burning, strangulation, road accidents, and trauma-related deaths.
The report also found that these indiscriminate references unnecessarily add to the workload of the already burdened FSLs and urged authorities to streamline the process.
It was also noted that the petitioner had already sent a representation to both the Centre and the Delhi Government regarding the issue.
“Accordingly, the writ petition is disposed of in the aforesaid terms,” the Court ordered.
Case Title: DR. SUBHASH VIJAYRAN versus UNION OF INDIA & ORS.