- (1.) WE have heard Shri Mukhtar Alam, learned counsel for the petitioner, Shri D.R. Chaudhari, learned Government Advocate assisted by Shri Vimalendu Tripathi, learned Additional Government Advocate, Shri Sanjay Kumar Jaiswal, learned counsel who appeared on behalf of Additional Solicitor General of India.
(2.) DR. S.B. Upadhyay, Director Forensic Science Laboratory, UP, Shri S.K. Raghuvanshi, Special Secretary (Home), U.P. are also present. We are informed about the developments that have taken place in pursuance of the earlier orders of this Court. Our attention has especially been drawn to the 'Action taken' report filed today which mentions action taken on seven points which are as under: 1.Training of medical officers, 2. Improvement in mortuaries, 3. Sanction of posts in FSL/Existing Labs, 4.Finalization of proforma, 5. Upgradation of FSL/Existing Labs, 6.Disposal of old samples of viscera collected in districts, 7.Meeting of State Level Committee. On the next listing we would like greater details on the aforesaid points and how shortfalls are estimated regarding the level of knowledge of medical doctors engaged in forensic medical work, or the conditions of mortuaries, or the shortage in posts in Forensic Science Laboratories and the facilities therein, or with regard to the problem of over-crowding of old samples of visceras in places of storage, so that we can evaluate whether the measures suggested are equal to the tasks involved. We would also like to have feedback/ progress reports every three months on the improvements, if any, as a result of the interventions.
(3.) WE also direct the Finance department to provide funds for the aforesaid plans, and provide details to the Court on the next listing about the amount and time schedule by which funds are to be released for the aforesaid purposes and how the government is planning to monitor that the funds are properly utilized in a time bound manner. If human rights are to be preserved and simultaneously the interest of society is also to be protected then scientific investigation is necessary both for ensuring that innocent persons are not implicated in crimes by the police for showing its success in solving cases on the basis of third degree measures or trumped up witnesses, and at the same time the actual offenders do not escape identification and punishment.;