Delhi HC junks plea on special cells for missing persons

The Delhi High Court dismissed a petition for a special cell for missing persons, stating policing decisions are for authorities, not the court.

The Delhi High Court on Wednesday dismissed a petition seeking creation of a special cell in every police station for reporting missing persons cases in Delhi, observing that policing must be left to the authorities concerned and that it is not for the court to decide how the police should function.

In an official statement issued on February 6, the Delhi police said that these claims were being amplified through paid promotions. (Getty Images/iStockphoto)

A bench of chief justice D.K. Upadhyaya and justice Tejas Karia, while hearing a petition filed by Anand Legal Aid Forum trust, said that decisions related to dedicated cells in police stations and the internal structure of the force falls squarely within the domain of the police authorities.

“It is not for the court to decide the functioning of the police. Creation of specific cell in each police station for reporting missing person is the job entrusted with the police,” the court remarked.

The trust’s petition was filed against the backdrop of recent reports published on February 5, citing Delhi Police data on missing persons, which indicated that 807 people went missing during the first two weeks of January, with only 235 traced so far.

In an official statement issued on February 6, the Delhi police said that these claims were being amplified through paid promotions.

However, on February 9, the National Human Rights Commission (NHRC) said it has taken suo motu cognisance of the reports and issued notices to Delhi chief secretary and the commissioner of police, demanding a report on the matter within two weeks.

The trust also sought directions to the police to register FIRs in such cases and transfer them to the CBI for an in-depth investigation, alleging that the police refused to register FIRs despite requests from families.

The court had earlier also rejected this plea, observing that it lacked specific details and it could not entertain or grant omnibus relief in the absence of concrete particulars.

“Except for the number of missing persons, no specific instance has been cited about where a person has gone missing and an attempt to lodge an FIR has failed,” the court said.

The bench on Wednesday issued notice to the Centre, the Delhi Government, the Delhi Police, and the NHRC in a separate petition filed by advocate Jayeeta Deb Sarkar and fixed April 15 as the next date of hearing.

Sarkar sought urgent directions for the authorities to establish a robust mechanism to trace missing persons and address the rising cases of trafficking.

The court had last week sought the Centre and Delhi police’s stand in a petition seeking strict enforcement of the statutory investigative protocols for missing persons.