New Delhi [India], July 9 : Concerned over the increasing burden on Forensic Science Laboratories (FSLs) due to unnecessary referrals of postmortem samples, the Delhi High Court on Wednesday directed the Delhi Government to consider formulating specific guidelines or a standard operating procedure (SOP) within three months to address the issue.
The direction came after the court took note of a detail representation submitted by Dr Subhash Vijayan, a resident doctor pursuing M.D. in Forensic Medicine at Maulana Azad Medical College, who raised serious concerns over the indiscriminate practice of sending biological samples such as viscera, blood, and tissues to FSLs even when not medically or legally required.
A division bench comprising Chief Justice DK Upadhyaya and Justice Anish Dayal observed that such indiscriminate referrals are overloading FSLs, delaying the analysis of crucial samples, and in turn, hampering timely investigations and the delivery of justice in criminal cases.
"Due to excessive and often unnecessary referrals, FSLs are flooded with cases that could have been avoided. This leads to delays in examination of crucial samples and affects the overall pace of the criminal justice system," the court said.
The petitioner, Dr Vijayan's representation, submitted in the form of a public interest concern, drew from his own experience at Delhi's mortuaries and the FSL in Rohini. He pointed out that many doctors continue to send samples for forensic testing as a "safe" practice, even in clear-cut cases where no foul play or suspicion is involved.
According to him, this is largely due to doctors' fear of future legal scrutiny. In many cases, samples are sent despite police officers specifically stating that lab analysis is not needed for the investigation.
"Most doctors are too afraid of the courts and our legal system. To avoid any potential legal consequences, they choose to send samples in almost every case, even when unnecessary. This misguided caution is choking the system," the petition stated.
The plea stated that this practice consumes state resources, delays final postmortem reports, and causes unnecessary stress for the families of the deceased. He particularly emphasised the impact on road traffic accident (RTA) cases, where toxicology results are usually not relevant but are still awaited for years before compensation is processed.
"In RTA cases, families, mostly poor, have to wait for years just to receive compensation because the final opinion from the doctor is held back until FSL results come in. And these results rarely contain anything meaningful," the petitioner added.
Beyond pointing out the overuse of FSLs, the petitioner also recommended a thorough review of outdated practices within both hospital mortuaries and forensic labs. He cited issues like the use of primitive autopsy techniques, manual toxicology methods, and delays by police in submitting samples to labs, all of which contribute to the problem.
He urged a coordinated effort by all stakeholders, including doctors, forensic experts, law enforcement, and government authorities, to identify bottlenecks and streamline procedures to improve the efficiency of forensic services.
Taking the representation seriously, the Delhi High Court directed the Delhi Government and concerned authorities to examine the issues raised and arrive at an informed decision.