Respite To The Distressed Families: Tripura HC Issues Guidelines For State Police To Deal With Missing Persons Cases
The Tripura High Court has issued guidelines for the State Police Force and directed the Government of Tripura to issue the standing operative procedure in respect of the missing persons (child, man and woman).
In order to trace a missing person, the Court stated that the police department of the State “needs to play a vital role” and accordingly issued guidelines for the police to extend some respite to the distressed families.
A Single Bench of Justice T. Amarnath Goud observed, “In the present case in hand we are dealing with the human life regardless of its gender. Any missing person is a human first and then a boy or a girl. To trace out the missing persons, the police department of the State needs to play a vital role. They cannot be expected to delay with matter when the life of missing persons is at stake. Since the matter has come up before the High Court under Article 226 of the Constitution of India, it becomes imperative on our part to deal with the case and extend some respite to the distressed families.”
Sr. Advocate P. Roy Barman appeared for the petitioner, while AG S.S. Dey represented the respondents.
The petitioner had filed a petition under Article 226 of the Constitution for the Court to direct the authorities to conduct an effective investigation regarding his missing daughter who had disappeared in the month of February this year and was suffering from Hydrocephalus. Despite lodging a missing report with the police and subsequent representations, there was no action from the police.
The Bench stated that “we are dealing with the human life regardless of its gender. Any missing person is a human first and then a boy or a girl.”
The Court issued the following directions for the State Police:
A. Publish photographs of the missing person in the Newspapers, telecast them on television & social media promptly…In case of a minor/major girl, such photographs shall not be published without the written consent of the parents/guardian.
B. Make inquiries and contact with family member of missing person, relatives of family, neighbors, school teachers, office colleagues, last known persons…place of work, colleagues, acquaintances, lodges/, dharmasala, Nariniketan, mortuaries in hospital, placement of agencies, NGOs, Principal, Class Teacher of missing persons…Equally all the clues from the papers and belongings of the missing person should be promptly investigated.
C. Any previous history of going missing and scrutinize the missing person’s computer, cell phone, diaries with the consent of the families.
D. Inquiries should be made from the hospital, if any, of unidentified persons in the hospital.
E. Investigating Officer should always be in the rank of Inspector of Police.
F. Make necessary inquiries whether there has/have been any past incident(s)/reports of violence in the family and follow up to ensure that records requested from the parents/guardians/family members are obtained and examined them for clues.
G. Hospitals and mortuaries are to be searched immediately after receiving the complaint, not more than 7(seven) days from the receipt of complaint.
H. The reward for furnishing clues about missing person should be announced within a month of his/her disappearance and prepare a sufficient number of Hue and Cry Notices containing photographs and physical description to be sent for publication within a month.
I. The concerned Police Commissioner or the DIG/IG of the State Police would find out the feasibility of establishing a multi-task force for locating the girl children/women/ missing persons.
J. Immediately after registering the Case (Missing. kidnapped, deserter, wanted, escaped, unidentified person, unidentified dead body), wireless messages should be sent to the District Superintendents of Police by the Investigating Officer and submit a Report about the progress of the investigation…and Communicate the said Report to the parents/guardians/ family members of the missing person every 15 days.
K. DNA Profiling of unidentified Dead bodies are to be tallied with the DNA of the missing person and in all cases of recovery of unidentified dead bodies, the police officials concerned…
L. Issue "Certificate of Missing" of the Missing Person by the concerned authority, i.e., the DM & Collector of the concerned District, if after all diligent efforts for 6(six) months since of complaint regarding the missing person, as aforesaid, the Mission Persons could not be traced out for…
“In view of the above, the Secretary, Home Affairs, Government of Tripura, is directed forthwith to issue the standing operative procedure in respect of the missing persons (child, man and woman) accordingly and ensure that the said guidelines are followed by the State Police Force,” the Court remarked.
Consequently, the Court directed the State Government of Tripura to issue the standing operative procedure (SOP) in respect of the missing persons in the State.
Accordingly, the High Court disposed of the petition.
Cause Title: Amulya Bhattacharjee v. The State of Tripura & Ors.
Appearance:
Petitioner: Sr. Advocate P. Roy Barman; Advocates S. Bhattacharjee and K. Chakraborty
Respondents: AG S.S. Dey; GA Kohinoor N. Bhattacharjee; PP Raju Datta