Priyanshu
The Tripura High Court has taken a significant step in addressing the issue of missing persons by issuing a comprehensive set of guidelines aimed at improving the effectiveness of investigations in missing cases. The guidelines were issued in response to a batch of petitions highlighting the state police’s inaction in tracing missing individuals.
Court’s Decision and Guidelines
Justice T. Amarnath Goud, presiding over the case, emphasized the critical role of the police department in tracing missing persons and the urgency required when lives are at stake. The court’s decision includes a directive to the Secretary of Home Affairs, Government of Tripura, to formulate and implement a Standard Operating Procedure (SOP) for handling cases of missing persons. This SOP will serve as a roadmap for the state police force, ensuring a systematic and efficient approach to investigations.
The guidelines issued by the court cover a wide range of measures, including:
- Prompt Publicity: Publish photographs of missing persons in newspapers, television, social media, and prominent public places within one week of receiving a complaint.
- Thorough Inquiries: Conduct inquiries with family members, friends, colleagues, neighbors, and other relevant individuals to gather information and potential leads.
- Examination of Digital Evidence: Inspect the missing person’s computer, cell phone, and diaries with the consent of their families.
- Hospital and Mortuary Checks: Search hospitals and mortuaries within seven days of receiving a complaint.
- Dedicated Investigating Officer: Assign an Inspector of Police as the investigating officer for each case.
- Family History Review: Investigate any history of violence or conflict within the missing person’s family.
- Rewards and Notices: Announce rewards for information leading to the location of missing persons and issuing “Hue and Cry” notices within a month of their disappearance.
- Specialized Task Force: Explore the feasibility of establishing a multi-task force dedicated to locating missing children, women, and other individuals.
- Regular Progress Reports: Submit progress reports to higher authorities and communicate with the families of missing persons every 15 days.
- DNA Profiling: Utilize DNA profiling to identify unidentified bodies and match them with missing persons.
- Issuance of “Certificate of Missing”: Issue a “Certificate of Missing” after six months of diligent efforts and transferring cases to the Integrated Anti-Human Trafficking Unit (IAHTU) if the person remains untraced for four months.
Case Background
The court’s decision was prompted by two specific cases where families of the missing persons approached the High Court seeking assistance in locating them. In one case, the petitioner’s daughter, suffering from a severe brain disorder, went missing, and the police response was deemed inadequate. The other case involved a missing boy, and the family also faced challenges in getting the police to take effective action.
Implications and Future Outlook
The Tripura High Court’s guidelines are expected to have a significant impact on how missing persons cases are handled in the state. By mandating a standardized and comprehensive approach, the court aims to ensure that investigations are conducted promptly, thoroughly, and with accountability. The guidelines also emphasize the importance of utilizing technology, such as DNA profiling and involving specialized units like the IAHTU in cases where initial efforts are unsuccessful.
The implementation of these guidelines is a positive step towards addressing the issue of missing persons in Tripura. It reflects the judiciary’s commitment to safeguarding the rights and well-being of individuals and ensuring that law enforcement agencies take proactive measures to reunite missing persons with their families.
Name of the case- Amulya Bhattacharjee vs. The State of Tripura and 4 Others
Case Number-WP(C) 348 of 2024
Bench- HON’BLE MR JUSTICE T. AMARNATH GOUD