Kerala HC seeks report on creation of 19 new forensic lab posts
Kochi: High court has sought a comprehensive affidavit from the state govt regarding the creation of 19 additional scientific officer posts in the state forensic science laboratory, which is presently pending before the finance department.A bench of Chief Justice Soumen Sen and Justice C Jayachandran issued the order while considering a petition filed by Kerala Legal Services Authority (KeLSA), highlighting the lack of adequate scientific officers in the state forensic science laboratory. Earlier, the state police chief had submitted a proposal for the creation of 31 posts, comprising eight posts of scientific officer (biology), seven posts of scientific officer (chemistry) and 16 posts of scientific officer (documents). However, as an urgent measure, 12 posts of scientific officer were created in the forensic science laboratory.
Accordingly, the Kerala public service commission (PSC) filed an affidavit stating that the appointing authority had reported 12 vacancies in the post of scientific officer in the state forensic science laboratory, and advice had been issued against all those vacancies. However, PSC informed HC that it was unable to state whether the advised candidates had joined their respective posts and sought additional time to place the details on record by filing an additional affidavit.With respect to the remaining 19 posts, HC opined that it is high time the administration realised that unless such posts are created in a timely manner, trials in many cases cannot commence. In several cases, police are unable to file final reports due to the lack of FSL reports, and judicial officers are consequently unable to frame charges. This has resulted in substantial delays in the disposal of criminal cases. The state has a duty and responsibility to ensure that all necessary infrastructure is made available for the proper and smooth functioning of the criminal justice system, HC observed.Additionally, HC urged the state attorney to ascertain whether any central forensic science laboratory is functioning within the state and whether its services can be utilised to expedite forensic examinations, as several court proceedings are being delayed due to the non-availability of FSL reports. The court also issued notice to the deputy solicitor general in this regard and adjourned the petition to March 10.
Accordingly, the Kerala public service commission (PSC) filed an affidavit stating that the appointing authority had reported 12 vacancies in the post of scientific officer in the state forensic science laboratory, and advice had been issued against all those vacancies. However, PSC informed HC that it was unable to state whether the advised candidates had joined their respective posts and sought additional time to place the details on record by filing an additional affidavit.With respect to the remaining 19 posts, HC opined that it is high time the administration realised that unless such posts are created in a timely manner, trials in many cases cannot commence. In several cases, police are unable to file final reports due to the lack of FSL reports, and judicial officers are consequently unable to frame charges. This has resulted in substantial delays in the disposal of criminal cases. The state has a duty and responsibility to ensure that all necessary infrastructure is made available for the proper and smooth functioning of the criminal justice system, HC observed.Additionally, HC urged the state attorney to ascertain whether any central forensic science laboratory is functioning within the state and whether its services can be utilised to expedite forensic examinations, as several court proceedings are being delayed due to the non-availability of FSL reports. The court also issued notice to the deputy solicitor general in this regard and adjourned the petition to March 10.
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