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Punjab and Haryana HC slams AAP govt, asks how can they have no money for forensic labs but lavish spending on advertising and cars

In the affidavit filed on 8th August 2024, the Aam Aadmi Party government in Punjab attempted to ‘explain’ that four Regional FSLs including the one in Mohali do not have the facility of audio, video identification system and video spectral comparator, mobile firing rest system and photography set up with digital SLR with PC Compatibility.

In an embarrassing turn of events for the Aam Aadmi Party government in Punjab, the Punjab and Haryana High Court has asked the state government’s Chief Secretary to provide details of the expenses on advertisements promoting the government’s performance and ‘achievements’ in the current fiscal year. The court rebuked the AAP government for taking a position that there was a shortage of funds for allocating the budget for buying modern technology tools for Forensic Science Laboratories while huge amounts are otherwise being spent.

While hearing a regular bail plea by one Vinay Kumar in a Narcotic Drugs and Psychotropic Substances (NDPS) case on 21st January 2025, Justice Sandeep Moudgil said, “The State Government, through its Chief Secretary is directed to furnish a detail of expenses met out in this running financial year i.e. from 01.04.2024 till 20.1.2025 on the publication of the advertisements qua the performance and achievements of the Government and the new vehicles purchased for the police officials. Necessary information to be furnished within a period of one week from today by way of an affidavit of Chief Secretary, Government of Punjab.”

The NDPS case against Vinay Kumar and the AAP government’s admission of Punjab’s FSLs lacking basic facilities

During the earlier hearings in the matter, petitioner-accused Vinay Kumar’s counsel alleged that Vinay Kumar was actually taken into custody on 14th September 2023 from the house of one Mohit Sharma but in the records, he was been shown to be arrested on 16th September. This petitioner’s claim was backed by the CCTV footage and a CD which was placed on record in the court. Subsequently, the High Court directed the state counsel to examine the footage submitted by the petitioner’s counsel and file a status report accordingly.

To court the court’s dismay, the state counsel informed that the footage was sent to the Central Forensic Science Laboratory (CFSL), Chandigarh, for analysis. However, the FSL lacked the basic facilities to analyse the video clips or compact disks.

“This Court was at a dismay to know that in Punjab the facility to examine the CD or any other video clip is not available either in FSL, Mohali or at the other 4 RFSLs situated at Mohali, Amritsar, Bathinda and Ludhiana,” the court said.

In the affidavit filed on 8th August 2024, the Aam Aadmi Party government in Punjab attempted to ‘explain’ that four Regional FSLs including the one in Mohali do not have the facility of audio, video identification system and video spectral comparator, mobile firing rest system and photography set up with digital SLR with PC Compatibility.

In two affidavits filed, including one by Dr Rakesh Kumar Gupta, Chemical Examiner, Chemical Laboratory, Punjab Kharar, the court was informed that Rs 99.40 lakhs were allocated for the upgradation of infrastructure of lab in Kharar, in addition to installing computers and other equipment for bar-coding.

While multiple affidavits were filed informing about the allocation of funds and its usage in the upgradation of FSLs and recruitment of analysts etc, the Secretary, Government of Punjab, Department of Home Affairs and Justice also filed an affidavit dated 12.04.2023 in CRM-A-2300-MA-2017 stating that all the four established FSLs/RFSLs are being upgraded, however, the court observed that it nothing but a “farce” as despite the tall claims of fund allocation and expenditure for upgradation of forensic labs in Punjab, when the CD is present petitioner Vinay Kumar’s case was sent to FSL, phase IV -SAS Nagar, Mohali (Punjab) for examination but the same was returned back the CIA, Tarn Taran with the remark/ report dated 22.08.2024 that “facility for examination of video/DVR/CCTV does not exist in the Forensic Science Laboratory, Punjab.”

High Court miffed over lack of basic necessities in FSL labs

Due to this, the state counsel sought a short adjournment to comply with the court’s order dated 9th August 2024. However, On 19th November 2024, the Punjab and Haryana High Court was informed that the necessary equipment are still not through the required process is underway and the State was directed to file an affidavit of the Home Secretary with the comprehensive schedule and action plan for upgradation of FSL, Mohali as well as RFSLs situated at Bathinda, Amritsar and Ludhiana within two weeks. Mohali FSL’s director who assisted the State Counsel said that a tender notice inviting bids would be published within a week and discussions have been held for purchase of forensic hardware and software. The State sought one month time on 11th December 2024 to complete the purchase process.

However, on Tuesday (21st January 2025), an affidavit by Dr Ashwani Kalia, Director of the Punjab FSL, was filed, in which he detailed the progress in procurement of video forensic tools. Dr Kalia informed the court about a meeting held by the Technical Evaluation Committee on January 9, 2025, regarding the supply and installation of the equipment. He assured the court that the process would be completed within four weeks and that by the next hearing in the matter, equipment would be ready to verify the genuineness and veracity of CCTV footage or clips.

To the High Court’s disappointment, Dr Kalia apprised the court that the upgradation process for the other three forensic labs could not be initiated due to lack of funds and budget allocation as of yet.

Calling another plea filed by Dr Kalia “Amazing” wherein he claimed that there is “serious budget restraint to purchase the equipment for the rest of three RFSLs.”

Justice Sandeep Moudgil came down heavily on the Punjab government and said that the “court cannot accept” such a response from the Director, of Forensic Science Laboratory, Punjab. The court noted that “budget requirement and sanctioning of the same could have been expedited within a few hours or in a couple of days had the State Government shown its willingness to armour itself with the modern investigative/scientific techniques, especially, in this digital and artificial intelligence era.”

Further reprimanding the Aam Aadmi Party government, the High Court said, “By no stretch of imagination, the State could take a stand of shortage of funds or budget allocation for the purpose which is involved in the instant petition i.e. to investigate crime before this Court wherein otherwise also there is patently huge amount is spent.”

Justice Moudgil also noted that the law enforcing agency should be equipped with all necessary facilities since an inordinate delay in filing challans hands undue leverage to the accused.

HC seeks details of expenditure from AAP govt

The High Court ordered the CM Bhagwant Mann-led state government to furnish details of its expenditure in current financial year on the publication of advertisements hailing its performance and achievements. The court also directed the AAP government to provide details about the purchase of new vehicles for police officials. The court gave the state government one week to provide these details.

Hence, the State Government, through its Chief Secretary is directed to furnish a detail of expenses met out in this running financial year i.e. from 01.04.2024 till 20.1.2025 on the publication of the advertisements qua the performance and achievements of the Government and the new vehicles purchased for the police officials. Necessary information to be furnished within a period of one week from today by way of an affidavit of Chief Secretary, Government of Punjab,” the court said and adjourned the matter to 29th January.

All excerpts taken from relevant court order

Punjab has the highest per-capita debt in the country

Notably, Punjab has been facing financial crises in the recent past. The RBI data indicated that Punjab’s debt-GSDP ratio and per capita debt are the highest in the country compared to other states. Punjab’s debt-to-GDP (%) in FY 2024-25 (budget estimate) has been reported to be 44.1% while the fiscal deficit 3.8%. While the state’s financial condition is worsening, the AAP government has been prioritising “image management” more than economy management. In March 2024, it was reported that the AAP government spent Rs 7 crore in the Ludhiana district alone on promotions.

While the state’s outstanding debt stands at Rs 3,43,626 crores, as of November 2024, and is likely to increase by Rs 4,50,000 crore by the end of the AAP government’s term in 2026-27, the Bhagwant Mann government has been squandering taxpayers’ money on advertisement polishing its own image and distributing freebies at the cost of drying up state exchequer. With such misplaced priorities, it is not surprising that the state’s forensic labs are grappling with a lack of basic facilities leading to the dragging of criminal cases in the courts.

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