New Delhi: The Delhi High Court has directed the Delhi Police to ensure that investigation begins immediately after a missing child case is reported and that there is no 24-hour waiting period.
The top court said the reason behind waiting 24 hours after children go missing appeared to be a presumption or speculation that they normally go to friends or relatives and return to their homes. However, the 24-hour delay may result in the child being taken outside the court's jurisdiction or some untoward incident occurring, he said.
The Ministry of Women and Child Development has also formulated an SOP, titled 'Standard Operating Procedure for Missing Child Cases', which states that on receipt of a complaint of a missing child, an FIR will be registered as trafficking or kidnapping, it said. .
"The SOP makes it sufficiently clear that action must be taken immediately, promptly and immediately. There is no scope for speculation or conjecture that the child may return home within 24 hours and therefore the police can wait.
"In fact, the first 24-hour period is the crucial or critical period, when steps to locate the missing person or child could lead to a positive result," said Justices Prathiba M Singh and Amit Sharma.
The high court asked the Delhi Police Commissioner to investigate the matter and issue directions to all police stations to ensure that the 24-hour waiting period was totally unnecessary and that whenever a complaint was received, the investigation should begin anew. immediate.
"In the light of the SOPs and also the observations made herein, all police stations shall ensure that there is no waiting period of 24 hours in case of missing children for initiation of investigation," the court said.
The high court was hearing a petition by the father of a minor girl seeking to locate the girl who had gone missing on February 19. The man approached the police the same day, however, they asked him to return the next day if the girl did not return.
When the girl did not return, her father went to the police again on February 20 and a 'missing person report' was registered instead of an FIR for the crime of kidnapping, according to the petition.
He added that since the police did not conduct a proper investigation, the petitioner approached the court to locate his missing minor daughter. The man has raised suspicions about a young man for allegedly kidnapping his daughter.
The high court said the chronology of events revealed a "disturbing situation" and added that in this case, the initial 24-hour wait by police or investigative agencies before registering or filing a complaint appeared to have led to a delay in locating the girl.
"In the case of reports regarding missing children, regardless of whether the child is minor or elderly, waiting the 24-hour period could result in a crucial loss of time. Therefore, it is extremely important that investigations and Immediate investigations. "Police or investigative agencies can carry out the process without waiting 24 hours, under the presumption that the person or child can return home," he said.
Delhi government's standing counsel (criminal) Sanjay Lao informed the court about a revised standing order of the police on "the duties of the police in relation to missing persons and unidentified dead bodies".
He said that as per the existing order, as far as missing persons are concerned, especially minor boys and girls, irrespective of their age, the case must be compulsorily registered even if the complainant expresses suspicion or otherwise arises.
Lao further stated that considering the seriousness of the matter, the case be transferred to the Anti-Human Trafficking Unit (Crime Branch).
The court then transferred the case to the Anti-Human Trafficking Unit (Crime Branch) of Delhi Police, which will carry out immediate and diligent investigation under the supervision of a senior officer not below the rank of ACP and present a status report within a week. .
The top court said the reason behind waiting 24 hours after children go missing appeared to be a presumption or speculation that they normally go to friends or relatives and return to their homes. However, the 24-hour delay may result in the child being taken outside the court's jurisdiction or some untoward incident occurring, he said.
The Ministry of Women and Child Development has also formulated an SOP, titled 'Standard Operating Procedure for Missing Child Cases', which states that on receipt of a complaint of a missing child, an FIR will be registered as trafficking or kidnapping, it said. .
"The SOP makes it sufficiently clear that action must be taken immediately, promptly and immediately. There is no scope for speculation or conjecture that the child may return home within 24 hours and therefore the police can wait.
"In fact, the first 24-hour period is the crucial or critical period, when steps to locate the missing person or child could lead to a positive result," said Justices Prathiba M Singh and Amit Sharma.
The high court asked the Delhi Police Commissioner to investigate the matter and issue directions to all police stations to ensure that the 24-hour waiting period was totally unnecessary and that whenever a complaint was received, the investigation should begin anew. immediate.
"In the light of the SOPs and also the observations made herein, all police stations shall ensure that there is no waiting period of 24 hours in case of missing children for initiation of investigation," the court said.
The high court was hearing a petition by the father of a minor girl seeking to locate the girl who had gone missing on February 19. The man approached the police the same day, however, they asked him to return the next day if the girl did not return.
When the girl did not return, her father went to the police again on February 20 and a 'missing person report' was registered instead of an FIR for the crime of kidnapping, according to the petition.
He added that since the police did not conduct a proper investigation, the petitioner approached the court to locate his missing minor daughter. The man has raised suspicions about a young man for allegedly kidnapping his daughter.
The high court said the chronology of events revealed a "disturbing situation" and added that in this case, the initial 24-hour wait by police or investigative agencies before registering or filing a complaint appeared to have led to a delay in locating the girl.
"In the case of reports regarding missing children, regardless of whether the child is minor or elderly, waiting the 24-hour period could result in a crucial loss of time. Therefore, it is extremely important that investigations and Immediate investigations. "Police or investigative agencies can carry out the process without waiting 24 hours, under the presumption that the person or child can return home," he said.
Delhi government's standing counsel (criminal) Sanjay Lao informed the court about a revised standing order of the police on "the duties of the police in relation to missing persons and unidentified dead bodies".
He said that as per the existing order, as far as missing persons are concerned, especially minor boys and girls, irrespective of their age, the case must be compulsorily registered even if the complainant expresses suspicion or otherwise arises.
Lao further stated that considering the seriousness of the matter, the case be transferred to the Anti-Human Trafficking Unit (Crime Branch).
The court then transferred the case to the Anti-Human Trafficking Unit (Crime Branch) of Delhi Police, which will carry out immediate and diligent investigation under the supervision of a senior officer not below the rank of ACP and present a status report within a week. .
