The Delhi High Court has instructed the Delhi Police to begin investigations into missing children cases upon receiving a complaint, eliminating the previous 24-hour waiting period. Justices Prathiba M Singh and Amit Sharma emphasized adherence to the Ministry of Women and Child Development’s SOP, stressing immediate action.
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NEW DELHI: The Delhi High Court has recently directed the Delhi Police to initiate investigations into missing children cases as soon as a complaint is received, abolishing the previous practice of waiting 24 hours before taking action.
A Division Bench comprising Justices Prathiba M Singh and Amit Sharma emphasized that the Standard Operating Procedure (SOP) issued by the Ministry of Women and Child Development mandates immediate and prompt action in such cases.
The Bench clarified-
“There is no room for speculation or assumption that the child might return home within 24 hours, justifying a wait by the police.”
Highlighting the critical importance of the first 24 hours in tracing missing children, the Court remarked that immediate steps during this period could significantly increase the chances of a positive outcome.
“Thus, the Commissioner of Police is directed to instruct all police stations that the 24-hour waiting period is entirely unnecessary. Upon receiving any complaint, inquiries or investigations should commence immediately. This directive aligns with the SOPs and observations outlined above, ensuring no delays in initiating inquiries or investigations for missing children.”
-the Court ordered.
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These directions were issued while the Court was addressing a habeas corpus plea filed by Vinod, seeking the production of his minor daughter who went missing on February 19, 2024. Vinod informed the Court that he had promptly approached the Nangloi Police Station to file a complaint but was instructed by the police to wait for 24 hours.
In view of the serious nature of the case, the Court decided to transfer the investigation to the Anti-Human Trafficking Unit (Crime Branch) and directed them to submit a status report within a week.
The legal representation for Vinod included Advocates Manika Tripathy, Naveen K Sarswat, and Rony John. Representing the Delhi Police were Standing Counsel (Criminal) Sanjay Lao, along with Advocates Priyam Agarwal and Abhinav Kr Arya.
The Court’s directive aims to ensure that all police stations under the jurisdiction of the Delhi Police adhere strictly to the SOPs and expedite their response in cases of missing children. This move is expected to significantly enhance the efficiency of the police force in dealing with such sensitive cases and improve the chances of tracing missing children promptly.
By eliminating the waiting period and ensuring immediate action, the Delhi High Court seeks to reinforce the importance of swift response times, which are crucial in missing children cases. The Court’s clear stance is that any delay in initiating the investigation can have detrimental effects on the chances of locating and rescuing the missing child.
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