Every Effort Must be Made to Trace the Missing – Delhi High Court in Habeas Corpus
Delhi High Court, in a significant judgment on a habeas corpus petition, emphasized the importance of persistent and effective police action in cases of missing children. The bench, comprising Justice Suresh Kumar Kait and Justice Shalinder Kaur, highlighted the duty of the police in situations where a minor’s whereabouts are unknown.
The case involved a 14-year-old girl who went missing from Lal Bahadur Shastri Hospital in 2018. Despite the availability of CCTV footage showing the girl being harassed by a known individual, Janu, and his cousin Ankit, the police were initially hesitant to file an FIR. It was only after the intervention of the Delhi Commission for Women that an FIR was registered.
In a significant observation, the court stated, “In cases involving missing children, every effort must be made to trace the child. The initial reluctance of the police in such serious matters is unacceptable.” This statement underscores the court’s stance on the urgency and seriousness required in handling cases of missing minors.
Janu and Ankit confessed to the kidnapping, yet the police failed to trace the girl. The High Court, acknowledging the ongoing investigation, disposed of the petition but mandated the police to file quarterly status reports on their progress to the concerned Metropolitan Magistrate.
This ruling serves as a reminder of the critical role law enforcement plays in protecting the most vulnerable members of society. The court’s directive for continuous vigilance in unresolved cases sets a precedent for future investigations involving missing children.
The petitioner was represented by Mr. Arbaaz Khan and Mr. Shalanki Prasad, while the respondent, the State (NCT of Delhi), was represented by Mr. Sanjay Lao, Standing Counsel (Crl.), with Mr. Priyam Agarwal, Mr. Abhinav Krumar Arya, and Mr. Shivesh Kaushik, along with ACP/AHTU/Crime and SI Gunjan Singh AHTU/Crime Branch.
Date of Decision: November 10, 2023
SHIVDEVI VS STATE (NCT OF DELHI)
