HC asks govt. to set up guidelines to curb unnecessary post-mortem tests for FSLs

Mr. Jindal
2 Min Read

Delhi Police Forensic Science Laboratory members hold a crime scene demo during an exhibition on New Criminal Laws, at Bharat Mandapam Pragati Maidan.

Delhi Police Forensic Science Laboratory members hold a crime scene demo during an exhibition on New Criminal Laws, at Bharat Mandapam Pragati Maidan.
| Photo Credit: File photo

The Delhi High Court on Wednesday asked the Delhi government to formulate guidelines to regulate State-run forensic science laboratories (FSLs) from examining unnecessary post-mortem samples.

The court issued direction on a petition filed by Subhash Vijayan, a resident doctor pursuing an M.D. in forensic medicine at Maulana Azad Medical College.

The court observed “indiscriminate” referrals overburdened the FSLs, delaying the analysis of crucial samples, and thereby hampering timely investigations and the delivery of justice in the 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 observed while directing the authorities concerned to examine the issues and take a decision in three months.

Pointing to the “indiscriminate” practice, Dr. Vijayan claimed doctors continue to send biological samples such as viscera, blood, and tissues for forensic testing as a “safe” practice, even in clear-cut cases where no foul play or suspicion is involved.

The plea also stated such practice was largely due to the “fear of future legal scrutiny”, and it consumes state resources, delays final post-mortem reports and creates unnecessary stress for families of the deceased.

“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,” it said.

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