Kerala High Court criticizes delay in forensic reports even as crimes peak; says lack of staff, infra not an excuse

The Kerala High Court on Tuesday emphasized the importance of timely forensic analysis in criminal cases and criticized the delay in scientific reports especially as crime rates surge [Sanjay Oraon v State of Kerala & Anr.]..Single-judge Justice CS Dias said that investigating agencies rely heavily on scientific evidence and technology and hence lack of infrastructure and staff in forensic institutions cannot be an excuse for delay in procuring scientific reports. "We have moved into the 75th year of independence. It is common knowledge that Investigation Agencies now heavily depend on scientific evidence and technology for the investigation of crimes. In these times, we cannot put our hands in the air and cry about the dearth of staff and lack of infrastructure," the Court said. Justice Dias cited previous rulings to underscore the constitutional right of an accused to speedy trial.."With the alarming and exponential increase in crimes in recent years, it is high time that we ensure that facilities for the dispensation of justice are put in place, especially when the entitlement of the accused to a speedy trial has been emphasised by the Honourable Supreme in Hussainara Khatoon (I) v. Home Secy., State of Bihar [(1980) 1 SCC 81] to be implicit in the spectrum of Article 21 of the Constitution of India. If the scientific analysis is inordinately delayed, like in the present case, the accused may take it as a valuable defence, and the same will be detrimental to the larger public interest," the single-judge said..The High Court was considering a bail application filed by a man from West Bengal charged for murder under Section 302 of the Indian Penal Code (IPC).The petitioner claimed innocence and emphasized his financial hardships and prolonged custody.However, the prosecution opposed his bail plea citing the severity of the offence and also alleged that the accused was a flight risk..The High Court had sought a report from the Additional Sessions Judge regarding the trial's status.However, the Additional Sessions Judge reported a delay due to the absence of forensic reports.Based on the above report, the High Court directed the Investigating Officer to file an affidavit clarifying why the report and properties from the forensic science laboratory (FSL) were not submitted before the court belowThe Investigating Officer and FSL Director provided explanations for the delay, citing a backlog of cases and staff shortage..The High Court criticized the delay, citing the importance of timely forensic evidence and previous rulings emphasizing the right to a speedy trial."In the above conspectus, the explanation put forth by the Director of the FSL, that the inordinate delay of four years was due to the massive influx of cases under the POSCO Act and the lack of staff, is not appealing to this Court as it does not align with the mandate of the doctrine of speedy and fair trial proclaimed by the Supreme Court," said the High Court.Despite acknowledging the petitioner's custody duration, the High Court denied bail due to flight risk and directed expedited trial within four months.It further instructed FSL to prioritize forensic analysis and orders forwarded for compliance to relevant authorities..The petitioner was represented by advocate NB Fathima Sulfath.The State authorities were represented by Public Prosecutor CK Suresh and ADGP Grashious Kuriakose..[Read Order]