Title: Lamboder Jha v. Govt NCT of Delhi & Ors
Ordered on: 28th July, 2023
+ W.P.(CRL) 2131/2023
CORAM: HON’BLE MS. JUSTICE SWARANA KANTA SHARMA
Introduction
This writ petition was filed under Article 226 of the Constitution of India by the petitioner, who is the father of a missing minor girl, seeking a writ of mandamus or any other appropriate direction to the respondents (police authorities) to adhere to the Standard Operating Procedure (SOP) dated 23.11.2016 issued by the Ministry of Women and Child Development and locate the whereabouts of the missing minor daughter and expedite the investigation in relation to the complaint filed by the petitioner.
Facts
The petitioner’s minor daughter, aged about 16 years, had gone missing on 10.07.2023. The petitioner had lodged a complaint with the Police Station Kalindi Kunj, and an FIR was registered under Section 363 of the Indian Penal Code. The petitioner alleged that despite several visits to the police station, he could not obtain any information about his daughter. He further claimed that the police had not followed the SOP for cases of missing children issued by the Ministry of Women and Child Development. The writ petition was filed to highlight the lapses in the police procedure in finding the missing child.
Courts analysis and decision
The Court interacted with the missing minor girl, “X,” who expressed her apprehensions in accompanying her father. She conveyed her desire to continue her studies and attend school regularly, but she feared that her parents might discontinue her education and treat her poorly due to the incident. The Court counselled both the minor girl and her father and assured them of support.
Considering the minor girl’s aspiration to continue her studies and her present educational status as a 10th standard student, the Court directed that her studies would not be discontinued. The school principal was instructed to accept any leave application submitted by the father, covering the period when the minor girl had not attended school, without asking any uncomfortable questions to either the child or the father. The father, in turn, was tasked with ensuring that his daughter continued to attend the government school she was enrolled in.
To verify compliance, the SHO of PS Kalindi Kunj was directed to send a female Sub-Inspector to the petitioner’s house in plain clothes for the next six months to ensure that the minor girl attended school comfortably, and her studies were not interrupted.
In response to the petitioner’s contention that the police did not fully follow the Standard Operating Procedure (SOP) for missing child cases, the Court acknowledged the importance of addressing this issue. The Court decided to pass appropriate directions regarding the proper implementation of the SOP in all cases of missing children, with the assistance of the State. The case was scheduled for further consideration on 01.08.2023.
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Written by- Ankit Kaushik
