Delhi HC junks plea on special cells in police stations for missing persons cases

The bench stated that decisions relating to creation of dedicated cells in police stations and the internal structure of the force fall squarely in police authorities’ domain.

The Delhi High Court on Wednesday dismissed a petition seeking the creation of a special cell in every police station to report cases pertaining to missing persons in the Capital, observing that policing is a matter that must be left to the concerned authorities and that it is not for the court to dictate how the police should organise their functioning.

It is not for the court to give directions to the police as to how their organisation shall function, it said.

A bench of Chief Justice D.K. Upadhyaya and Justice Tejas Karia, while dealing with a petition filed by Anand Legal Aid Forum trust, further stated that decisions relating to creation of dedicated cells in police stations and the internal structure of the force fall squarely in police authorities’ domain.

“It is not for the court to give directions to the police as to how their organisation shall function, constitution or creation of specific cell in each police station in Delhi for reporting missing person is the job which must be entrusted to the police authorities as it relates their functioning. What is the structure of the police can be best entertained by the authorities itself,” 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 in the Capital during first two weeks of January, with only 235 traced so far.

In an official statement, on February 6, the Delhi Police said that claims about a surge in missing girls in the Capital were being amplified through paid promotions, and warned of strict action against those spreading panic for monetary gain.

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

The trust had also sought directions to the police to register FIRs in cases of missing persons and to transfer all such reported cases in Delhi to the CBI for an in-depth probe, alleging that the police were refusing to register FIRs despite families’ requests.

The court rejected this prayer as well, observing that the petition lacked specific details of such instances and that it could not entertain or grant omnibus relief in the absence of concrete particulars.

“Except for giving the numbers of the persons who have been reported as having gone missing in 2025, as detailed in paragraph 11 of the writ, no specific instance has been cited where a person has gone missing and an attempt to lodge an FIR has failed,” the court said in the order.

Even while dismissing the trust’s plea, the same bench on Wednesday issued notice to the Centre, the Delhi Government, the Delhi Police, and the National Human Rights Commission in a separate petition filed by advocate Jayeeta Deb Sarkar, and fixed April 15 as the next date of hearing.

In her plea, Sarkar sought urgent directions for the authorities to establish a robust mechanism to trace missing persons in the Capital and to address the rising instances of trafficking and disappearances.

To be sure, the court last week also sought the Centre and the Delhi police’s stand in a petition seeking strict enforcement of the statutory investigative protocols for missing persons.