Begin probe in missing children cases without waiting for 24 hours: Delhi High Court directs police

The Delhi High Court was hearing a man’s habeas corpus plea who said his daughter went missing on February 19 this year and he suspected that an individual was involved in the kidnapping of his daughter.

The man said he had immediately approached the police station to lodge a complaint but the police allegedly instructed him to wait for 24 hours on the presumption that the “minor girl may return within that period”. The next day the petitioner approached the police station and then a ‘missing person report’ was registered instead of an FIR for the offence of kidnapping. Thereafter, he approached the Delhi High Court claiming that proper investigation had not been conducted.

The bench observed that the 24-hour delay may result in the child being taken outside the jurisdiction of the high court or “some untoward incident taking place”. The bench also noted that to date (of the order) the girl was not traceable. “In this case, the initial waiting for 24 hours by the police/investigating agencies before registering/filing a complaint appears to have caused a delay in tracing the girl,” the bench said.

Referring to the Delhi Police’s 2009 standing order on the issue, the bench noted that in case of missing children and all missing minor girls irrespective of age, a case has to be registered “mandatorily even if a suspicion is voiced by the complainant or arises otherwise”. The bench also noted that as per a Standard Operating Procedure (SOP) issued by the Union Ministry of Women and Child Welfare titled ‘Standard Operating Procedure For Cases of Missing Children’ upon receiving a complaint of a missing child, a First Information Report (FIR) has to be registered as trafficking or abduction.

“The above SOPs make it adequately clear that action has to be taken immediately, promptly, forthwith and at once. There is no scope for any speculation or conjecture that the child may return home in 24 hours and hence the police can wait,” the bench said.

The Delhi High Court bench also noted the police counsel’s submission that considering the seriousness of the matter, it may be transferred to the Anti-Human Trafficking Unit (Crime Branch). The bench transferred the matter to the Delhi Police’s Anti-Human Trafficking Unit (Crime Branch), Delhi Police, who shall “conduct immediate and diligent investigation under the supervision of a Senior Officer not below the rank of an ACP”.

The court also called for a Status Report and listed the matter on July 16.