With more than 5,200 cases awaiting DNA tests from the Biology Division of the Forensic Science laboratory in Delhi, the Aam Aadmi Party (AAP) Government plans to outsource 30 per cent of these cases to Truth labs, a non-profitable organisation, in the national Capital. A proposal to this effect, prepared by the Delhi Government’s Home Department, with opinions of the law and Finance divisions, will soon be tabled before the Cabinet.
While Home Minister Satyendra Jain has strongly advocated for outsourcing of 30 per cent cases to Truth labs, the law department said that it was not clear as to whether the work is to be given to other Government labs as laboratories or experts which have not been enumerated in sub-section (4) of Section 293 CrPC, their report cannot be used as evidence without examination of the expert as they will not be entitled for benefit of Section 293. The law department said that the Supreme Court had observed in a recent case that the DNA test was not carried out in a Government laboratory and instead was done at a private lab in violation of the norms.
According to the proposal, the number of pending cases has risen steadily on account of continuous increase in registration of cases, coupled with declining productivity of the Forensic Science laboratory. Quoting the opinion of the Home Minister, the proposal said there was no justification for the fact that the Government was not able to fast track criminal cases, particularly when victims were women and children, due to failure on its part in providing DNA tests. It said, “The issue of outsourcing DNA testing has been lingering for decision since December 13, 2013. The delay is leading to purification of samples resulting to non-conclusive reports.”
The proposal said that the Government had decided to outsource the job of DNA testing to private labs through open tendering process. “The first tender was issued in January, but it did not invite any bid. The second tender with liberalised terms and conditions was issued in March, 2016, with multiple pre-bid meetings and personal efforts to invite bidders, could attract only one bid. The technical team having external experts visited the premises of the bidders and gave very unsatisfactory report about the bidder capabilities. Hence looking into the exigency of work, it is proposed that we have no option except to nominate a capable non-profitable organisation having retired Government experts at its panel - M/s Truth Foundation.”
The proposal said that in 2013-14 a similar situation had arisen in the documents division of the FSl and on directions of the sessions judge Pawan Kumar Jain, the option of outsourcing was explored. “After much discussion and deliberations with the Department of Prosecution, Delhi Police and law Department, it was decided to offload some of the cases of the documents division to M/s Truth lab.”
The Home Department is also going to seek Cabinet approval for outsourcing its staff against vacant posts, setting up of new laboratories at Rajghat and Bindapur, creation of two posts each for joint directors and deputy directors and setting up of an autonomous society and transferring of staff and assets to the said society.