75% posts vacant: Allahabad High Court flags lack of sufficient staff in UP forensic science laboratories

“Considering the information received from the Director, FSL, this Court is of the view that, because of lack of sufficient staff in the FSL, proper FSL reports could not be prepared in a timely manner. Therefore, the State Government is required to look into this issue,” the court said in its order dated April 29.

Justice Arun Kumar Singh Deshwal

Insufficient staff

“This is the biggest anomaly in the investigation on the part of the police department,” the court had remarked in its earlier proceedings on April 24, stressing that proper forensic analysis could both help convict the real culprit and protect innocent persons.

“If FSL report shows whether the blood group and DNA profile of the blood sample are matched with deceased/accused or not, then it would be strong scientific evidence against the guilty person, which, on the one hand, would be helpful in convicting the real culprit and, on the other hand, in saving an innocent person,” the court had said.

The court, therefore, had sought the assistance of the director general of police, UP, and the Director of Forensic Science Laboratory, UP.

On the subsequent day of hearing, the court made a query to the director, forensic science laboratory as to whether the DNA and blood group can be tested from a disintegrated blood sample, he apprised the court that it depends upon the status and nature of the blood sample, as investigating officers are ill-equipped regarding collection of blood samples, due to which the blood usually disintegrates by the time of its receipt in the FSL.

He further informed the court that if high-end equipment is available in the laboratory, then there are high chances of generating the DNA profile and determining the blood group even from a disintegrated blood sample.

It was further added that if a fresh sample of blood is received in the FSL, then the DNA profile can be generated within 3-4 days; otherwise, it may take up to one month.

It was also stated that, out of 12 FSL labs in UP, only 7 labs have the facility to generate DNA profiles, though all 12 labs have been working with insufficient staff.

He apprised the court that the notification as required under Section 176(3) of the BNSS regarding visiting the crime scene by a forensic expert has not been issued.

It was added that due to this reason, the field units, which are required to visit the place of incident in offences punishable with more than 7 years, do not have forensic experts, and the staff consisting of field units are policemen who are ill-equipped to collect the forensic evidence and require proper training.

On being asked whether the forensic science laboratories in Uttar Pradesh had been made autonomous bodies under the home department, the director of the FSL informed the court that although several communications had been sent by the Central Government to the state government in this regard, the notification granting such autonomy had not yet been issued.

Direction to state

• The court, therefore, urged the state government to look into the issue and observed that the field unit should consist of forensic experts, and all investigating officers should be trained as to how to collect proper blood and bone samples to determine the DNA profile, as well as the blood group and other information.
• The court has now directed the DGP, UP and the additional chief secretary (Home), UP, to appear via video conferencing on the next date of hearing.

What is a forensic science laboratory and field units?

• A forensic science laboratory is a specialised scientific facility where experts analyse physical evidence collected from crime scenes.
• The primary goal of these labs is to provide unbiased scientific evidence to assist in the investigation and prosecution of crimes.
• In most of the cases it may be possible to repeat the examination in the laboratory, but it is never possible to get relevant physical evidence from the scene of crime once it is disturbed. With this in view field units of the Forensic Science Laboratory in every district of the State were established .
• The field units have been kept under the operational control of the senior superintendent of police, /superintendent of police in charge of the districts. Scientific staff is posted in many districts to assist investigating officers.