Monday, December 27, 2010

TSI EXCLUSIVE: Sham of a Lab


IIPM Prof Arindam Chaudhuri on Our Parliament and Parliamentarians' Work

Unqualified appointees run Delhi's forensic facility, investigates Umesh Patil


From the Amar Singh phone tapping incident to the BMW hit and run case, from the Jessica Lal murder case to Shivani Bhatnagar murder, forensic findings have played a key role in nailing culprits in hundreds of such cases. Courts consider forensic evidence vital to the fate of a case. And courts take these evidences into consideration while delivering judgments. Needless to say, forensic reports can seriously change the fate of a case. In BMW case, accused Sanjeev Nanda got the breather when a forensic expert, an important witness to the case, maintained that the finger marks found on the steering wheel were not matching those of the accused. In the same way, Rahul Mahajan was let off because forensic experts recorded the statement claiming that the toxic substance recovered from Rahul's house was heroin and not anything else that would have increased the quantum of the punishment. These examples are enough to show how important forensic evidences are.

But today we raise a vital question. Are these so-called experts qualified to handle such sensitive cases?

Now imagine a scenario where the forensic expert conducting a DNA test has never known how a DNA strand looks like. Or the man doing the lie detector test has no expertise in conducting such tests. It might sound stupid or outright scary: anything but true. But the scariest part is that it is true. This is the story of the Delhi-based Forensic Science Laboratory (FSL).

Few weeks back, FSL had published an advertisement inviting applications for appointment of 36 senior scientific officers (SSOs) through the Union Public Service Commission (UPSC).

These openings were in different departments including biology, physics, chemistry, document and lie detection. The UPSC, in this regard, had published the advertisements in Employment News from February 28 to March 6. Under the qualification section, it was mentioned that an applicant must possess a Master's degree in the concerned subject with relevant experience of three to five years in the field.

However, TSI has found out that most of the appointees did not have the required experience where as a few of them went to the length of furnishing false certificates. The proof regarding the same is with TSI. The question arises that why doesn't the agency concerned conduct a thorough background check of the applicants for such important positions. And this is when none other than the UPSC conducts the examination. The interesting part is that the Delhi government's home department had categorically said in its communique that two of the applicants were not qualified for the post. However, the UPSC chose to ignore the communication and appointed them following interviews. They continue to work at FSL. In another case, some of the applicants had previously worked on daily or contract basis whereas FSL awarded them full employee certificates. Naturally, the role of FSL comes into question as well. According to documents in possession of TSI, it becomes evident how corrupt and irresponsible the appointment process has been for this Rohini-based lab. FSL was established in 1995. In the beginning, it was under Delhi Police. Later, it was shifted under the purview of the home department of Delhi government. It has seven divisions, namely ballistics, biology, chemistry, document, lie detection, physics and a photo unit.

The ballistics division takes care of investigations related to weapons of crime such as firearms, cartridges, explosives etc. The biology division takes care of liquids, skeletons, DNA and crimes such as rape and murder and helps in zeroing on the culprit. The chemistry division is responsible for all sorts of drug-related investigations and the study of viscera. The physics division comes handy in investigating hit and run cases, road accidents and investigating materials such as cement, sand, bricks, mortar and plastics. The document division investigates handwriting, typewriting, printed matter, seals, stamps, overwriting, age of documents, bank drafts, cheques, receipts, wills, affidavits, bail bonds, lottery tickets, agreement, passport, currency etc. Apart from this, cyber crimes are also investigated here. The lie detection division similarly takes care of polygraphy tests which help in corroborating statements of witnesses, plaintiffs and the accused. The photo unit division takes care of photographic evidences in general and photographic evidences of the scene of crime in particular.

In such a sensitive institution, a small mistake can turn an innocent into guilty and a criminal into innocent. But in complete disregard to the sensitivity of the matter, this institution has become an epitome of corruption and mismanagement. We are talking about a few candidates who not only submitted fake certificates but were singularly underqualified for the posts. However, these candidates were appointed in utmost disregard of the laid-out norms. Imrana applied for the post of SSO in biology division. Her experience certificate was accompanied by a certificate from Perfect Analytical Lab situated at Manish Twin Plaza, Sector 9, Plot No 8, Dwarka which vouched that Imrana has worked there for close to three years. The background check was done and she was appointed. However the reply to an application filed under the Right To Information Act (RTI) filed in this regard states that the Perfect Analytical Lab that issued the experience certificate to Imrana does not exist. MCD, in its reply, has said that there is an apartment complex at the address mentioned. Similarly, another applicant, Loktongbai Babito Devi, also applied for the post of senior scientific officer in the biology division. She submitted an experience certificate from FSL, Manipur, where she claimed she worked from the year 2002 to 2004. She was promptly interviewed and appointed for the post. However, an RTI application filed in Manipur, FSL, found that no such individual has ever worked there.

In the same division, Sunita Suman was also selected as a senior scientific officer. According to the documents submitted by her, she claimed she worked in the chemistry division of the same FSL as scientific associate on a contract basis. In her application, she said she worked as scientific assistant. FSL on its part issued two experience certificates and both of them were issued on the same day. Both of them had the signature of director V. K. Goyal and both of them had the initials of investigating officers. Now the million dollar question is why did the UPSC ignore these facts.

According to the sources in FSL, Sunita Suman was in contact with Professor O. P. Ahuja of Punjabi University, Patiala, who was a member of the interview board. She apparently knew Ahuja from her student days in Punjabi University and was fully aware that he was in the interview panel. It is necessary to mention here that the names of members in the selection board is kept secret.

Similarly, in the chemistry division, there are applicants who provided wrong information and furnished fake certificates of experience. One Subodh Kumar Pol does not even posses a Master's degree in the relevant subject and neither has he any experience in forensic science. But he was selected as senior scientific officer in the chemistry division. Amit Rawat was also appointed as SSO in the chemistry division but his experience certificate says he was working as a scientific assistant in the biology division. Similarly, Bharti and Kanaklata were appointed as SSOs in the chemistry division even though both of them have no experience in forensic sciences. And they are not alone. There are several SSOs who have no prior experience in forensic sciences but are employed at FSL.

Hilariously, one applicant for the post of SSO in the lie detection division, Aruna Misra, showed experience of working at five separate places. But she attached merely three certificates one of which is from FSL, Rohini. According to the document, she worked at FSL from January 12, 2007 to February, 19, 2009. But according to RTI, the division was closed in that time period. Naturally, it appears that these applicants were appointed without doing any background check whatsoever and that their documents were never authenticated.

The document division is no exception. One Vijender Singh was appointed as SSO in the division whereas his experience certificate states that he previously worked at Rohini FSL as scientific assistant in the physics division.

In another revelation, it was found out that in 2009, Mukul Koranga, deputy secretary of the home department of Delhi government, sent a letter to the deputy secretary of UPSC, P. P. Haldar, stating that two SSOs in the physics division, Shanker Singh Badwal and V. Lakshmi had no experience in the concerned fields as they had previously worked in the ballistics division. However, even after such clear communiques, both these officers continue on their posts.

In a reply to an RTI application, the Delhi laboratory stood its ground and said that there has been no discrepancy in the selection process and that documents of all the candidates were thoroughly checked. However, this can not be true as withholding information or providing wrong information leads to automatic disqualification of a candidate. Such cases are referred to the Central Administrative Tribunal but nothing of that sort was ever done. Horse's mouth

A K Gupta, former director, FSL DelhiA K Gupta, former director, FSL Delhi

In any kind of investigation, what is the importance of a scientific expert's findings in the court?
A court counts report of an expert as a very strong evidence.

You have worked as a document expert. Can an expert in physics work as a document expert?
No, how is it possible? Both departments are different and they have different functions.

Whose role is most important in appointment of an SSO?
The UPSC's role is most important because only the UPSC selects candidates and then the home department of Delhi government and FSL regularise them.

Who is responsible for checking the documents submitted by applicants before recruitment?
The UPSC and the home department are both responsible because the UPSC is responsible for selection of candidates and the documents are verified by the home department officials.

Does an FSL director know who all are working there, which posts they hold and which department they belong to?
It is obvious that the FSL director will know about the employees working in his facility.

An Initiative of IIPM, Malay Chaudhuri and Arindam chaudhuri (Renowned Management Guru and Economist).

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