#StandardOperatingProcedureCompliance

[seemabhatnagar]

"Delhi High Court Orders Immediate Investigation for Missing Children Without 24-Hour Delay"

To eliminate unnecessary delays in investigating missing children cases, which can be detrimental to the chances of finding the child. The court directed the Commissioner of Police to ensure that all police stations commence investigations immediately upon receiving a complaint of a missing child, without waiting for 24 hours.

The present case was transferred to the Anti-Human Trafficking Unit (Crime Branch) for further investigation.

Vinod v. State of NCT Delhi

WP 2029/2024

Before the High Court of Delhi

Heard by Hon'ble Madam Justice Pratibha M Singh J & Hon'ble Mr. Justice Amit Sharma J

Fact

The petitioner, Vinod, filed a writ petition for a writ of habeas corpus to trace his missing minor daughter, who went missing on 19th February 2024. Despite his immediate complaint, the police delayed action, suspecting a common scenario of the child returning within 24 hours.

Legal Issue

Whether the police's 24-hour waiting period policy before initiating an investigation into a missing child case is justified, and if it violates the urgency required in such cases.

Point of Argument

The petitioner argued that the police's delay in registering an FIR and starting the investigation immediately upon the report of his missing daughter hindered the chances of quickly locating and rescuing her.

The petitioner pointed to a previous incident where the suspect was the same, Shahnoor, which also increased the urgency of the matter.

Courts Observation

The court observed that the police's 24-hour waiting period policy for investigating missing children cases is inappropriate and potentially harmful.

The court emphasized the critical importance of the initial hours in tracing missing children and referenced relevant Standard Operating Procedure that mandate immediate action.