Allowed

World Human Rights Protection Counsel & Ors. v. State of Punjab & Ors.

Punjab & Haryana HC24 Jul 2012CWP/5567/2009

Case brief

AI extract

What is this about?

The High Court, overriding state and Union Territory practices of registering Daily Report instead of FIRs, directed immediate FIR registration for missing persons. It ordered the creation of state and UT nodal cells headed by IG or SP rank officers to supervise investigations and coordinate with the CBI, ensuring compliance with all previous Supreme Court directions on missing persons' cases.

What did the court decide?

Directed FIR registration for missing persons, establishment of Nodal Officers of specified ranks to supervise investigation and monitoring, and immediate compliance with Supreme Court directions.

World Human Rights Protection… — Child Custody and Guardianship | Punjab & Haryana HC (2012)

¶1

CWP No.5567 of 2009

¶2

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

CWP No.5567 of 2009 Date of decision: 24.07.2012

¶5

World Human Rights Protection Counsel and another

¶6

…..Petitioners

¶7

versus

¶8

State of Punjab and others

¶9

……Respondents

¶10

CORAM: Hon’ble Mr.Justice Jasbir Singh, Acting Chief Justice Hon’ble Mr.Justice Rakesh Kumar Jain

¶11

Present: Mr.Ranjan Lakhanpal, Advocate for the petitioners Mr.Navkiran Singh, Advocate Mr.Anil Malhotra, Advocate (amicus curiae) Mr.J.S.Sidhu, Sr.Addl.A.G. Punjab for respondent Nos.1 to 3 Mr.Randhir Singh, Additional Advocate General, Haryana Mr.R.S.Rai, Senior Advocate with Mr.Sukant Gupta, Advocate for UT Chandigarh Mr.S.S.Sandhu, Advocate for CBI and UOI Mr.Sanjay Kaushal, Senior Standing Counsel for UT Chandigarh

¶12

Jasbir Singh, Acting Chief Justice (Oral)

¶13

This order shall dispose of CWP Nos.5567 of 2009, 3897 and 1787 of 2011, involving similar facts and law. However, for facility of reference, facts are being mentioned from CWP No.5567 of 2009.

¶14

By filing this writ petition, attention of this Court has been drawn towards problem of missing of persons/ children in the States of Punjab, Haryana and Chandigarh, who could not be traced despite efforts made by their nears and dears.

¶15

Taking note of alarming number of missing persons, in this

¶16

CWP No.5567 of 2009

¶17

¶18

case, notice of motion was issued on 23.11.2009.

¶19

Thereafter many directions were issued so that missing persons can be traced. Status reports were placed on record by both the States showing as to in how many cases the police was successful in tracing out the missing individuals.

¶20

Notice was also issued to the C.B.I. to know the procedure being adopted by it to locate the missing persons. Reply was filed by C.B.I. in CWP No.3897 of 2011 17.2.2012. Paragraph Nos.8 and 9 of the reply read thus:-

¶21

“8. That CBI has created a Data Bank known as Criminal Intelligence Cell (CIC) in the Special Crime-I Branch of CBI to collect, collate and disseminate date relating to the criminal syndicates/ gangs operating in India which are involved in trafficking of women and children for the purpose of prostitution, ransom and begging. In addition to the above, the CIC also gathers information about the missing women and children from the Indian States and flash the same on the CBI website i.e. www.cbi.gov.in on all India basis for seeking cooperation from the Nodal Officers of Indian States for recovery of the same.

¶22

9. That the CBI has designated one of its unit namely Special Crime Unit-II of Special Crime-I Branch of its unit namely Special Crime Unit-II of Special Crime-I Branch of CBI based at New Delhi as “Anti-Human Trafficking Unit” to investigate the cases of organized crime relating to human

¶23

CWP No.5567 of 2009 3

¶24

trafficking having interstate and international ramifications.” It is stated that the C.B.I. has created a Data Bank and on getting information regarding any missing women/ children from within India, the information is flashed on the CBI website. It is also stated that a special unit known as Special Crime Unit-II has been established to stop the trafficking of human beings.

¶25

This Court appointed Mr.Anil Malhotra, Advocate as amicus to suggest effective ways and means which may be helpful, if adopted, to trace out the missing persons. He has submitted his report giving various suggestions.

¶26

On the last date of hearing, after going through an affidavit filed by CBI and the suggestions of Mr.Anil Malhotra, Advocate, following order was passed by this Court:-

¶27

“The data has been provided by the Union of India, Ministry of Home Affairs, New Delhi as depicted in the photocopy of the Tribune dated 16.05.2012 and a copy of the same is taken on record as Mark 'A'. According to data, in the State of Haryana, the total missing children for the year 20092011 were 3237 and 1,517 have remained untraced. Out of untraced children, 899 were boys and 618 were girls.

¶28

Mr. Anil Malhotra, learned Amicus Curiae has placed on the record a copy of order dated 14.11.2002, passed by Hon'ble the Supreme Court in the case of Hori Lal v. Commissioner of Police, Delhi , where comprehensive directions were issued, which is the foundation of the

¶29

CWP No.5567 of 2009

¶30

¶31

advisories issued by the Central Government. In the last order, this Court had required the respondent-State of Haryana to file status report. However, learned DAG has relied upon an old affidavit dated 6.12.2011 of Director General of Police, State Crime Branch, Haryana, Panchkula. In para 3(i) of the affidavit, it has been recorded that FIR is registered in respect of missing children/ boys and girls only when it is found that cognizable offence is committed and the investigation is entrusted to the Investigating Officer. However, in case cognizable offence is not found to be committed then the DDR is registered in the concerned Police Station. This is wholly against the direction issued by Hon'ble the Supreme Court on 14.11.2002 in Hori Lal's case (supra) and the various advisory which have been issued lateron by the Central Government. Once the boys and girls are missing then there is no question of recording a DDR in the matter. Recording of DDR would not result in setting in motion the machinery of criminal justice. Therefore, the State of Haryana has to comply with the directions issued by Hon'ble the Supreme Court in Hori Lal's case (supra) as well as in various advisory on realistic basis.

¶32

Likewise, the data available in respect of State of Punjab is that 599 missing children were reported during the same period and 544 has remained untraced. Out of them, 363 were boys and 181 were girls. Similar affidavit has been filed by Sh. Amrit Brar, Assistant Inspector General of Police, Crime

¶33

CWP No.5567 of 2009

¶34

¶35

Punjab. There are no details available on the same lines, which are expected to be revealed in the status report.

¶36

In respect of the U.T. Chandigarh, the data suggests that 286 children were missing during the same period and 131 children have remained untraced. Out of them,58 were boys and 64 were girls. No status report with regard to steps taken and investigation made, has been filed by the U.T. Chandigarh.

¶37

The suggestions given by Sh. Anil Malhotra, learned Amicus Curiae and Sh. Sukant Gupta, learned Addl. P.P. for U.T. Chandigarh may be shared with all the stakeholders including the State of Punjab, Haryana, U.T. Chandigarh and CBI. The possibility of exploring a joint mechanism in coordination with each other may also be worked out.

¶38

Let a status report by State of Punjab, Haryana, U.T. Chandigarh and CBI be filed a week before the adjourned date with a copy in advance to the learned counsel for the petitioner as well as learned Amicus Curiae.”

¶39

In response to above order, status reports again have been filed, which are taken on record.

¶40

We have heard counsel for the parties.

¶41

It is not in dispute that the Hon'ble Supreme Court on 14.11.2002 has already issued elaborate directions to deal with such like situations, in the case of Hori Lal v. Commissioner of Police, Delhi and

¶42

CWP No.5567 of 2009

¶43

¶44

others, (WP(Cr.) No.610 of 1996. The relevant part of the order reads thus:-

¶45

“(1) Publish photographs of the missing persons in the Newspaper, telecast them on Television promptly, and in case not later than one week of the receipt of the complaint. Photographs of a missing person shall be given wide publicity at all the prominent outlets of the city/ town/ village concerned that is at the Railway Stations, Inter state bus Stands, airport, regional passport office and through law enforcement personnel at Border checkpoints. This should be done promptly and in any case not later than one week of the receipt of the complaint. But in case of a minor/ major girl such photographs shall not be published without the written consent of the parents/ guardians.

¶46

(2) Make inquiries in the neighborhood, the place of work/ study of the missing girl from friends colleagues, acquaintance, relatives etc. immediately. Equally all the clues from the papers and belongings of the missing person should be promptly investigated.

¶47

(3) To contact the Principal, class teacher and Students at the missing persons most recent school/ educational institutions. If the missing girl or woman is employed somewhere, then to contact the most recent employer and her colleagues at the place of employment.

¶48

(4) Conduct an inquiry into the whereabouts from the extended family of relatives, neighbours, school teachers

¶49

CWP No.5567 of 2009

¶50

¶51

including school friends of the missing girl or woman.

¶52

(5) Make necessary inquiries whether there have been past incidents or reports of violence in the family.

¶53

There after the investigation officer/ agency shall:

¶54

(a) Diligently follow up to ensure that the records requested from the parents are obtained and examine them for clues.

¶55

(b) Hospitals and Mortuaries to be searched immediately after receiving the complaint.

¶56

(c) The reward for furnishing clues about missing person should be announced within a month of her disappearance.

¶57

(d) Equally Hue and Cry notices shall be given within a month.

¶58

(e) The Investigation should be made through women police officers as far as possible.

¶59

(f) The concerned police commissioner or the DIG/ IG of the State Police would find out the feasibility of establishing a multitask force for locating girl children women.

¶60

(g) Further, in the Metropolitan cities such as Delhi, Mumbai, Kolkata and Chennai the Investigating Officer should immediately verify the red light areas and try to

¶61

find out the minor girls. If any minor girl (may or may not be recently brought there) is found her permission be

¶62

CWP No.5567 of 2009

¶63

¶64

taken and she may be taken to the children's home (sec 34 of the Juvenile Justice (Care and Protection of the Children) Act 2000, and the I.O. to take appropriate steps that all medical / other facilities are provided to her.”

¶65

It is also not disputed before us that these directions are binding on the States of Punjab, Haryana and UT Chandigarh. An assurance has been given by counsel, appearing for the above states and UT Chandigarh that those directions shall be complied with in letter and spirit in future, to trace out the missing persons.

¶66

It has also come on record that as per practice as and when missing report is made, the police officials enter only a DDR and not an FIR. This practice has been deprecated by this Court in various orders passed from time to time observing that such a procedure is not correct and justified.

¶67

Under the circumstances, we direct the States of Punjab, Haryana and UT Chandigarh that as and when any report is made regarding missing of any individual, immediately an FIR should be registered. It is further directed that to monitor the entire process of tracing out the missing individuals, the States of Punjab and Haryana shall set up a Cell headed by an officer of the rank of Inspector General, known as Nodal Officer, sufficient staff be placed at his command. Whereas in UT Chandigarh, the Nodal Officer of the Cell, to be set up, shall be of the rank of Superintendent of Police. Further, directions be issued to all the S.H.O.s in the States to immediately send a copy of the FIR, as and when registered

¶68

CWP No.5567 of 2009

¶69

¶70

regarding missing of any person, to the office of the Nodal Officer, who shall then contact all other States so that criminals may not escape with the child/ person. The Nodal Officer shall also supervise the investigation. He shall also immediately send an intimation to the special cells set up by the C.B.I. to trace out the missing persons.

¶71

It is made clear that all the directions issued above, including those issued by the Hon'ble Supreme Court in Hori Lal's case (supra) , be complied with/ implemented forthwith.

¶72

In view of directions issued above, we feel that at this stage, it will not be proper to ask the States to form a unified police command for the cities of Chandigarh, Panchkula and Mohali, to locate the missing individuals.

¶73

All the three writ petitions stand disposed of with the aforesaid

¶74

directions.

¶75

(Jasbir Singh) Acting Chief Justice 24.07.2012 (Rakesh Kumar Jain) gk Judge

World Human Rights Protection Counsel & Ors. v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

World Human Rights Protection Counsel & Ors. v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gaurav Chhabra Vs Ut of Chandigarh and Others

Sikander Singh Vs State of Punjab and Ors.

Ved Prakash @ Ved Khoyia S/O Ram Chander Vs State of Haryana and Anr.

Pavittar Singh Vs State of Punjab and Anr.

Angrej Kaur Vs State of Punjab & Ors.

Upneet Kaur Mangat Vs State of Punjab & Ors.