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Judgment
 Ajit Singh, C.J.
1.Mr.HK Das and Mr.DJ Kapil, learned counsel for the petitioner. Mr. D Saikia, learned Senior Additional Advocate General, Assam assisted by
Mr.RKD Choudhury, learned Senior Government Advocate for the respondents. Pursuant to publication of two news articles published in ‘The
Times of India’ and ‘The Sentinel’ regarding the sorry state of affairs in the State Forensic Science Laboratories, this public interest
litigation was taken up suo-muto. It was revealed in the said news articles that there is acute shortage of manpower and the infrastructure is also very
poor. Out of 144 sanctioned posts, as many as 44 posts, including that of the Director were lying vacant for over three years and out of 52 posts of
reporting officers, 31 posts were lying vacant. Besides, there is lack of chemicals and adequate equipments for which various tests could not be
conducted in the said forensic laboratories. It further revealed that DNA typing and cybercrime units have been virtually shut down for almost one
year and other expensive equipments were lying and used. It was further reported that results of investigations in 1052 cases including grave offences
and 16,419 samples are awaiting test reports.
This Court vide order dated 16/5/2016 directed the authorities to disclose within what period the vacancies in the State Forensic Science
Laboratory, Guwahati, will be filled up and also to report regarding the period within which the reports of the pending samples will be prepared.
In compliance of the aforesaid order, the Joint Secretary of the Home Department, Government of Assam filed an affidavit stating that there is
insufficiency of allocation of funds and many posts were lying vacant. This court considering the financial/manpower/Infrastructural deficiencies
decided to appoint a committee to receive input on how the problems can be addressed and accordingly vide order dated 26/9/2016 nominated the
following persons to examine the functions of the State Forensic Science Laboratory, Guwahati, and Regional Forensic Science Laboratory, Jorhat
and provide feedback on to how things can be improved. They were:-
i) Dr. Dhirendra Nath Saikia, IAS (Retd.), Retired as Commissioner and Secretary, Personnel and Science and Technology Department, Government
of Assam and Member, Police Accountability Commission, Assam
ii) Dr. Padmapani Mahanta, Retired Director, Forensic Science Laboratory,
iii) Mr. Minendra Nath Bora, Forensic Science Laboratory. The committee was requested to provide the suggestions in three months.
In compliance of the order of this court, the committee submitted its final report on 14/5/2017 regarding functioning of the State Forensic Science
Laboratory, Guwahati and Regional Forensic Science Laboratory, Jorhat. The report meticulously deals with various aspects of both the Forensic
Science Laboratories and in Chapter 6-Conclusions-it has forwarded various suggestions for improvement of the functioning and infrastructure of both
the Forensic Science Laboratories which are reproduced herein below for ready reference:-
“CHAPTER 6
CONCLUSIONS
The various observations and suggestions for improvement of the functioning of the State Forensic Science Laboratory, Guwahati and the Regional
Forensic Science Laboratory, Jorhat have already been discussed in Chapters 2 & 3. To ensure proper growth of Forensic Science in the State,
various measures have been suggested in Chapter 5 so that on the basis of modern management concept, the State Laboratory is restructured and the
Laboratory can excel in all fields of Forensic Science. We would now like to sum-up some of the vital issues in this concluding chapter.
6.1 IMMEDIATE STEPS TO BE TAKEN TO SORT OUT THE PROBLEM OF PENDENCY OF CASES.
During the visit to the different divisions of the Laboratory, the Committee members found that some basic instruments were not available in some
Divisions and in some other divisions, they need immediate repair. This had badly hindered the officers of these divisions in reporting cases in time.
Similarly, large number of cases were pending in DNA Unit since 2013 because of non-availability of costly chemicals. In Ballistics Division and in
Computer Forensics unit, there is not a single reporting officer available at present. Similarly, the staff position in Toxicology, Questioned Documents
and Physics Divisions is grossly inadequate. It is quite heartening that immediately after the Hon’ble High Court has stepped in to the affairs of
State Forensic Science Laboratory, things have started rolling. Funds have been released to procure chemicals/equipment and to repair instruments.
Funds have also been provided for AMC of few costly instruments. 22 posts were advertised and recommendation for appointment of three Deputy
Directors have already been made by the Assam Public Service Commission. However, it will take one to two years time that the new recruits are
appointed and properly trained to make them competent enough to report cases independently. As such, the Committee would like to suggest the
following measures to clear the large number of pending cases in Ballistics Division and Computer Forensics Units in the Laboratory. Suggestions:
6.1.1 The Ballistics Division is presently having not a single reporting officer. The Present Deputy Director of the Explosives Division was earlier in
the Ballistics Division. He may be temporarily attached to the Ballistics Division so that he can continue reporting cases in the Ballistics Division.
6.1.2. An experienced retired officer may be re-employed (for a maximum period of two years) to report cases in Explosives Division.
6.1.3 An agreement may be accorded between the authority of State Forensic Science Laboratory, Assam and the Central Forensic Science
Laboratory, Guwahati regarding engagement of experts of CFSL, Guwahati for clearing the pending cases of Ballistics Division and Computer
Forensics Unit of the State Laboratory. The experts of the CFSL, Guwahati may be allowed to operate the existing state-of-the-art equipment
available in these divisions of the State laboratory.
6.1.4 The pending cases of these divisions may be handed over to the authority of the Central Forensic Science Laboratory, Guwahati for disposal.
The agreement, if properly worked out, will help clearing a large no. of pending cases of Ballistics Division and Computer Forensics Unit of the State
Laboratory.
6.2 REGIONAL FORENSIC SCIENCE LABORATORY (RFSL), JORHAT
Details about the RFSL at Jorhat have already been discussed in Chapter
The Laboratory was established in 2013 with the objective of expediting the rate of examination and disposal of cases of Jorhat, Golaghat,
Sivasagar, Dibrugarh, Tinsukia, Dhemaji and Lakhimpur districts besides easing out the work load of the State FSL. Moreover, it was expected that
after establishment of this RFSL, the visit to crime scenes in these districts would be faster and more meaningful ones. Budget provision was made
and decision was also taken to make the Regional FSL functional/operational at the temporary accommodation arranged on monthly rental basis at the
2nd Floor ISBT, Jorhat. The space (5000 sq.ft) was hired for a period of 2 (two) years at monthly rent of Rs.32,841.00 (Rupees Thirty Two Thousand
Eight Hundred and Forty-one) only. The total expenditures incurred for providing, fitting and fixing coloured anodized framed glazed door with partly
wall and partly glasses, and the purchase of machinery and equipment and spare parts of the RFSL, Jorhat including a vehicle were Rs.4,60,554.00
and Rs.11,80,625.00 respectively. Three officers of the SFSL were promoted to the posts of Joint Director, Scientific Officers and 4 Laboratory
Bearers were appointed in the RFSL, Jorhat. Except one Scientific Officer and one Bearer, none of the above officers reported at the RFSL, Jorhat.
Written examination was held in 2015 to fill-up three vacant posts of Scientific Assistant in RFSL. Many aspiring candidates from all over the State
appeared in the written test. But due to reason not known to the Committee, the final selection was not made. The Laboratory was not made
functional even for a day. The Committee would like to suggest the following measures to make this RFSL operational.
Suggestions:
6.2.1 Efforts should be made to operationalise the RFSL within a short time since precious 4 (four) years have already been lost without any fruitful
result.
6.2.2 The Joint Director and the Scientific Officer promoted against the sanctioned post of RFSL, Jorhat should be directed to report at RFSL, Jorhat
immediately. The other employees recruited against the sanctioned post of RFSL should also be asked to report at RFSL, Jorhat immediately.
6.2.3 For the appointment of Scientific Assistants, viva-voce should be held on the basis of this written test and final selection/appointment should be
made immediately
6.3 REGULAR DIRECTOR FOR THE STATE FORENSIC SCIENCE LABORATORY
In its order dated 26.9.2016 (Case No. PIL 35/2016), the Hon’ble Guwahati High Court expressed deep concern for not filling up the post of
Director, State Forensic Science Laboratory by a regular incumbent. The Home Department, Govt. of Assam has not appointed a regular appointment
even 7(seven) months after the said order. The Committee also issued a letter to the Secretary to the Govt. of Assam (Committee’s letter No.
PIL (suo- moto) No. 35/2016-C-52 dt. 20.01.2017 vide Annexure-15) requesting him to apprise the Committee the present status and action initiated
for filling up the post of Director, SFSL, Assam. But the Home Department has not felt any necessity of replying to the Committee’s letter. The
Committee strongly feels that the functioning of the Laboratory is greatly impaired in the absence of a regular Director. Hence, the post of Director
should be filled up immediately. If suitable candidate for promotion is not available, it should be filled up through direct recruitment.
6.4 FILLING UP THE VACANT POSTS IN THE SFSL AND RFSL
There have been a large number of technical posts lying vacant in the SFSL, Guwahati and RFSL, Jorhat. The APSC as well as the Directorate of
Forensic Science, Assam have already initiated the process of advertisement/ appointment of some of these posts. The Committee strongly suggests
that all the vacant posts should be immediately filled up.
6.5 STATE FORENSIC SCIENCE DEVELOPMENT BOARD (para 2.6.1)
The State Forensic Science Development Board (SFSDB) was formed way back in 2002 vide Govt. order No. HMA 288/99/Pt-I/24, dated
27/12/2002. The Board had its first sitting with all its members present on 05.02.2003 and submitted a report to the Home Department, Govt. of
Assam. The Board suggested many measures to ensure progressive development of Forensic Science Services in the State (copy of the Board’s
Report enclosed, Annexure-8.1.-9.5)
Suggestions :
The Board should be reconstituted urgently to ensure progressive development of Forensic Services in the State in a time-bound manner.
6.6 INTEGRATION OF STATE FINGERPRINT BUREAU WITH THE STATE FSL (para 2.6.2)
The Home Department, Government of Assam constituted a Committee to consider feasibility of integration of the State Fingerprint Bureau with the
State FSL. The decision of the Government of Assam is not known although the Committee submitted its Report. The Home Department,
Government of Assam should take immediate steps to integrate State Fingerprint Bureau with SFSL.
6.7 DISTRICT FORENSIC MOBILE UITS (DMUs) (para 2.6.3)
Based on the recommendations made by National Human Rights Commission, the Eleventh Finance Commission, Govt. of India had awarded funds in
2004 for setting up of District Forensic Mobile Units (DMUs) in the State and accordingly 25 DMUs in different districts of Assam were set up for
upgrading the State Forensic Science Laboratory thereby strengthening the forensic services. The scheme was undertaken mainly for enhancing the
Investigating aspects of the criminal cases. It has been observed from records that the scheme proved a total failure and lakhs of rupees expended on
it was a mere wastage. The Committee feels that a separate enquiry/ a special audit should be held to fix responsibilities for such a huge wastage of
money.
6.8 ESTABLISHMENT OF STATE FORENSIC SCIENCE INSTITUTE
There is an urgent need of adequate forensic training among all people directly or indirectly associated in the investigation of crime and administration
of justice. The present scenario of forensic training in our state is very dismal one and as a result, knowledge of Forensic Science is highly inadequate
not only among the investigating officers, but also among the Senior Police Officers. There is neither regular faculty nor a regular curriculum for
teaching Forensic Science in the Police Training College, Dergaon. As such, there is an urgent need for establishment of a Forensic Science Institute
in the State without further delay. States like Gujarat where Forensic Science has made significant progress also have such Forensic Science
Institute.The institute will meet the following objectives ·It will impart basic training in Forensic Science to the newly recruited Police Officers during
their basic training and probationary period. ·It will impart training to officers of all ranks through vertical interaction courses. Such programs will
include modern developments in Forensic Science both inside and outside the country. ·Facility of forensic training will be available for Judicial
Officers, Public prosecutors and all other officers who are involved in the process of administration of justice. ·Newly recruited officers of the State
Forensic Science Laboratory and junior level officers working in the crime scene units will have the opportunity to undergo a compulsory course of
training of crime-scene visits in this Institute.·Practical training, discussion and seminars on relevant subjects will be held from time to time in order
to upgrading the knowledge of the Forensic Scientists, Investigating Officers and Judicial Officers. ·At present various lecturers and training
programs are organized by the Director and Scientific personnel of the State Forensic Science Laboratory. After establishment of Forensic Science
Institute, these programs will be completely organized by the Institute. This will help the Director and the scientific personnel of the Laboratory to
devote more time to scientific work/ reporting cases. The newly constructed Guest House inside the Laboratory Campus may be utilized for
establishment of this Institute. A retired Forensic Scientist with good administrative and academic qualities may be appointed as the Director of the
Institute on contract basis. The services of retired forensic scientists of the State (as done in the case of LN JN NICFS) can be utilized for the
Institute as faculty-members.
6.9 REPORTING OF CASES BY OFFICERS WHOSE SUPERANNUATION IS APPROACHING
During the visit to different Divisions of the SFSL, it has come to the knowledge of the Committee that some officers who are approaching
superannuation have stopped reporting cases on the plea of their retirement. This practice has adversely affected the disposal of cases. There are
instances when some Reporting Officers have stopped reporting cases before 6 months to 1 year of their retirement. The Committee feels that this
practice should be discontinued forthwith.
6.10. STATUS OF THE REPORTING OFFICERS:
It has been observed that different categories of scientific personnel are reporting cases in different divisions of the Laboratory. The Committee
suggests that only Gazetted officers (Scientific Officer and above) should be allowed to report cases and it should be uniform to all the Divisions. It
may be mentioned that this criterion is followed by most of the Forensic Science Laboratories of the country.
6.11Â WORK NORMS FOR THE LABORATORY:
The number of cases/ exhibits to be examined per year (200 working days) by each unit of a division was prescribed by the BPR&D long back. The
Director, i/c, DFS, Assam has intimated that there is no such Work Norms followed in the Laboratory. The Committee feels that unless and until work
norms is prescribed, some officers will go scot-free with reporting minimum number of cases in a month. The Home Department in consultation with
the Director, FSL, should immediately review the earlier work norms and prepare a fresh one for the Laboratory based on the number of officers/
assisting staff and nature of work of each division.
6.12Â EMBLEM FOR THE LABORATORY
The Laboratory is presently not having any official emblem. The Committee suggests that there should be an appropriate emblem for the
Laboratory.â€
After hearing the learned counsel for the parties and perusing the records, we are of the considered view that the suggestions made by the
committee are based on meticulous examination as well as appreciation of the conditions and affairs of the functioning of the two Forensic Science
Laboratories. The committee has indeed done a commendable job and has provided the salutary report for the welfare of both the institutions in
question. The suggestions made by the committee apparently need immediate application which will serve great public interest. The state government
has also expressed its willingness to implement all the suggestions except the suggestion made in Para-6.6 of the Chapter-6 which is for integration of
State Fingerprint Bureau with the State Forensic Science Laboratory. According to the State Government the Central Investigation Department has
written a letter dated 7/6/2017 that it does not support the integration of State Fingerprint Bureau with the State Forensic Science Laboratory because
Fingerprint Bureau is part of the Forensic Science Laboratory in only two states in the country. A copy of the said letter has been brought to our
notice by way of an affidavit filed by the Additional Secretary to the Government of Assam, Home and Political Department. It is, however, to be
noted that the Committee in its report has referred to the report of another Committee constituted none other than by the Home Department itself,
which recommended integration of State Fingerprint Bureau with the State Forensic Science Laboratory. This being the situation, the objection of the
State Government in this regard is wholly unacceptable.
We, therefore, direct the State Government to implement all the suggestions made by the Committee including filling up of all the vacancies within
six months. The State Government shall also submit its compliance report to the Registrar General of the High Court.
It has also been brought to our notice that a notification has been issued by the Governor of Assam on 21/3/2018 reconstituting the ‘State
Forensic Science Development Board’ to monitor funds and ensure progressive development of Forensic Science Services in the State in the time
bound manner. We hereby direct that the aforesaid newly reconstituted Board shall sit at least once in every six months to ensure effective
functioning of the State Forensic Science Laboratories and services in its true spirits.
With the above directions, this public interest litigation is finally disposed of.