The Delhi High Court on July 9th 2024 ordered the Delhi Police to ensure that investigation into cases of missing children is commenced as soon as the complaint is received and the police should not wait for 24 hours.
The Court indicated that in such circumstances, there cannot be any "presumption or speculation" that the child may return home in 24 hours and therefore the police can wait for 24 hours to take action.
Stressing on the urgency for investigation, the Court stated "The first 24 hour-period is the critical period when steps for tracing of the missing person or child could lead to positive outcome".
Facts of the case:
The order was delivered in the case Vinod vs State NCT Delhi by the Division Bench comprising of Justices Prathiba M Singh and Amit Sharma. The Bench passed these directions while dealing with a habeas corpus plea filed by Vinod relating to his minor daughter who went missing on February 19th, 2024. The petitioner had immediately approached the Nangloi Police Station to lodge a complaint but was told to wait for 24 hours.
Accordingly the Court took note of the Ministry of Women and Child Development's 'Standard Operating Procedure For Cases of Missing Children' which states that prompt action must be taken towards the investigation of cases relating to such children.
"Accordingly, let the Commissioner of Police look at the matter and give directions to all police stations to ensure that the waiting period of 24 hours is wholly unnecessary and in fact whenever a complaint is received, the inquiry/investigation should immediately commence. In light of the above SOPs as also the observations made herein above, all the police stations shall ensure that there shall be no waiting period for 24 hours in the case of missing children to start inquiry/investigation."
"Considering the seriousness of the matter", the Court transferred the probe to the Anti-Human Trafficking Unit (Crime Branch) and ordered them to file a status report in a weeks time.
