Overburdened FSLs delay justice, says court; doctors’ fear of legal scrutiny cited
New Delhi – The Delhi High Court on Wednesday directed the Delhi Government to consider formulating a Standard Operating Procedure (SOP) or set of guidelines to prevent unnecessary referral of postmortem samples to state-run Forensic Science Laboratories (FSLs).
The court observed that such indiscriminate and excessive referrals were overloading the FSLs, causing significant delays in the analysis of vital evidence, which in turn slows down criminal investigations and obstructs timely justice.
The division bench of Chief Justice D.K. Upadhyaya and Justice Anish Dayal issued the directions while hearing a Public Interest Litigation (PIL) filed by Dr Subhash Vijayan, an MD Forensic Medicine resident at Maulana Azad Medical College (MAMC).
“Misguided Caution Choking the System”
The petitioner raised concern over the routine practice of sending viscera, blood, and tissue samples for forensic analysis even in clear-cut cases where there is no suspicion of foul play.
Dr Vijayan highlighted that this trend stems from doctors’ fear of future legal implications, compelling them to err on the side of caution by sending samples even when not medically or legally necessary.
“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.
Delays, Manual Methods, and Emotional Toll
The plea also drew attention to the limited capacity of FSLs, the use of outdated autopsy and toxicology techniques, and police delays in submitting samples — all contributing to significant delays in final postmortem reports.
The resulting backlog not only consumes state resources but also adds emotional distress to grieving families, the plea said.
Taking note of these issues, the court instructed the relevant authorities to examine the matter and arrive at a decision within three months.
