NEW DELHI, Aug 11: The Supreme Court has clarified that its order directing states and Union Territories to immediately register FIRs in cases of missing persons applies to every person, irrespective of age or gender.
A bench of justices Ahsanuddin Amanullah and R Mahadevan said it was shocked to learn that some of the states are under the impression that the expression “person” refers only to children and does not include adults.
“We find this to be a deliberate and mala fide bogey raised by such States. The language of our earlier order is clear and unambiguous. The expression “person” means every person, irrespective of age or gender.
“If any State/Union Territory has failed to comply with the order in its true letter and spirit, notice of contempt shall be issued to the concerned Chief Secretary and Director General of Police,” the bench said in its August 5 order.
The top court directed them to be personally present before it and file their respective show-cause affidavits explaining why they should not be proceeded against and punished for their deliberate defiance and non-compliance with the orders of this court.
The apex court directed that all the states/Union Territories, which have not filed their affidavits despite its earlier directions are, prima facie, in contempt.
“Accordingly, notice of contempt shall be issued to the Chief Secretaries and Director Generals of Police of the concerned States/Union Territories.
“They shall remain personally present before this Court and file their respective show-cause affidavits explaining why proceedings for contempt should not be initiated against them for their failure to comply with the specific directions issued by this court,” the bench said while posting the matter for hearing on October 5.
Noting that 47,000 children remain untraced in India as on date, the top court on May 22 had directed police authorities across the country to immediately register FIRs in cases of missing persons and said the anti-human trafficking units should be made fully functional within four weeks.
Issuing a slew of directions, it expressed displeasure over the rise in the number of cases of missing children and said they are often victims of organised inter-state trafficking syndicates.
“The Ministry of Home Affairs, Government of India, is directed to put in place an all-India grid connecting each and every police station in the country on one platform, which will have a special portal dedicated to human trafficking, including missing children and women.
“The concerned police stations are directed to immediately institute FIR the moment any information reaches them with regard to any person missing, without waiting for a preliminary inquiry or leaving it to the guardians of the missing persons…. The said FIR shall mandatorily incorporate the relevant provisions of the Bharatiya Nyaya Sanhita, 2023, relating to kidnapping/trafficking,” the bench had said.
The court said whenever a child goes missing, authorities should proceed on the presumption of kidnapping or abduction from the outset.
It had said registering such cases under the penal provisions for kidnapping would ensure seriousness in investigation and avoid delays.
The apex court had also directed that the children who are traced should ordinarily be handed over to their families within 24 hours, unless there are indications that the family itself was involved in trafficking or exploitation.
“The moment any person is recovered or rescued, he/she should be taken for Aadhaar verification or for the making of an Aadhaar card. This direction is issued in view of the fact that, for the purpose of procuring an Aadhaar card, fingerprints and other biometrics are taken,” the bench said.
The directions were passed on a petition filed by a man named G Ganesh before the Madras High Court after his daughter went missing from Chennai on September 19, 2011. (AGENCIES)
