Uttarakhand High Court
Unknown vs State Of Uttarakhand And Others on 22 September, 2022
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE CHIEF JUSTICE SHRI VIPIN SANGHI
AND
JUSTICE SHRI RAMESH CHANDRA KHULBE
22ND SEPTEMBER, 2022
Writ Petition (PIL) No.127 of 2022
Rosni Society (A Registered Society) for Rehabilitation of
Social & Neurological Impaired.
......Petitioner
Vs.
State of Uttarakhand and others ......Respondents
Presence:-
Mr. Dushyant Mainali, learned counsel for the petitioner.
Mr. K. N. Joshi, learned Deputy Advocate General for the State.
Order: (Per Shri Vipin Sanghi, Chief Justice)
Issue notice.
2. Mr. K.N. Joshi, learned Dy. Advocate General,
appears and accepts notice on behalf of respondent
nos.1 to 3 and 5 to 9.
3. Let the notices be issued to respondent nos.4
and 10 returnable on 23.09.2022. The respondent no.4
be served through respondent no.5.
4. The petitioner-society, which is a registered
Society for Rehabilitation of Social and Neurological
Impaired, has preferred this petition in the public
interest to bring to light the shocking state of affairs
with regard to the mentally challenged children and
children with other disabilities, who are housed at the
'Janet Sheed Roberts Residential School for Special
Needs Children' i.e., respondent no. 10 situated at
Village Basai, Ramnagar, District Nainital. The petitioner
has placed on record some of the photographs of the
injuries stated to have been inflicted on the inmates of
the said School, while at the school.
5. The petitioner has also brought to our notice
the fact that one mentally challenged child, aged 14
years, who appears to be an orphan, was brought to the
respondent no.10-School by the Child Welfare
Committee. The said child went missing on 12.08.2022.
However, the respondent no.10 did not report the
matter to the police till as late as 09.09.2022. Even
when the said report was made, the police has not
registered the first information report, which they were
obliged to do, as per the directions issued by the
Supreme Court in 'Bachpan Bachao Andolan v. Union of
India and others' (W.P. {C} No.75 of 2012) decided on
10.05.2013. The said judgment has been
communicated by the Central Government to all the
States for compliance.
6. The advisory issued by the Central
Government, dated 25.6.2013, has been placed on
record, in terms whereof, a Standard Operating
Procedure had to be laid down to handle cases of
missing children.
7. Mr. Mainali has produced before us the
Standard Operating Procedure to be followed for cases
of Missing Children issued by the Central Government in
the Ministry of Women and Child Development on
23.11.2016. The said Standard Operating Procedure,
inter alia, provides that: -
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"When the Child goes missing:
Police
a) As per the directions of the Hon'ble Supreme Court of India in Bachpan
Bachao Andolan vs. Union of India (WP (Civil) 75 of 2012) on 10th May
2013, - "upon receipt of a complaint regarding a missing child, an FIR
should be registered forthwith as a case of trafficking or abduction‟.
b) Inform the Child Welfare Police Officer and forward the FIR to the
Special Juvenile Police Unit for immediate action for tracing the child.
Refer Annexure -I.
c) The police shall also:
i. Collect a recent photograph of the missing child and make
copies for District Missing Persons Unit, Missing Persons Squad,
National Crime Records Bureau/Media etc.;
ii. Fill the form "M" on the designated portal
www.trackthemissingchild.gov.in Refer Annexure -II.
iii. Fill the specific designated "Missing Persons Information
Form" and immediately send to Missing Persons Squad, District
Missing Persons Unit, National Crimes Records Bureau, State Crimes
Records Bureau, Central Bureau of Investigation, PCRs, Railway
Police and other related institutions;
iv. Send the copy of the FIR by post/email to the office of nearest
Legal Services Authority along with addresses and contact phone
numbers of parents and legal guardians of the missing child or the
child care institution, after uploading the relevant information onto
the designated portal;
v. Prepare sufficient number of Hue and Cry notice containing
photograph and physical description of the missing child to be sent
for publication;
vi. Give wide publicity by publishing or telecasting the
photographs and the description of missing child, as feasible in
(a) leading newspapers
(b) Television/electronic media,
(c) local cable television network and
(d) social media and thereafter submit for ratification by the
Board or the Committee or the Children's Court, as the case
maybe;
vii. Give wide publicity in the surrounding area through the use of
loud speakers and the distribution and affixture of Hue and Cry
notice at prominent places. Social networking portals, short message
service alerts and slides in cinema halls can be used to reach out to
the masses;
viii. Distribute Hue and Cry notice at all the outlets of the city or
town, that is, railway stations, bus stands, airports, regional passport
offices, and other prominent places.
ix. Search areas and spots of interest such as movie theatres,
shopping malls, parks, game parlours and areas where missing or
runaway children should be identified and watched;
x. Scan the recordings of the Close Circuit Television Cameras
installed in the vicinity of the area from where the child was reported
missing and on all possible routes, transit and destinations.
xi. Inquire from under construction sites, unused buildings, hospitals
and clinics, child line services and other local outreach workers,
railway police and other places;
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xii. Details of missing children should be sent to the District Crime
Records Bureau of the neighboring States and Station House Officers
(SHOs) of the bordering police stations including in-charge of all
police posts in their jurisdiction and shall conduct regular interaction
with the concerned so that follow up action is ensured.
d) Invoke the services of District Legal Services Authorities through
empanelled lawyers and the paralegal volunteer (PLV) appointed at the
police station or the district authority.
e) Upload information on the www.trackthemissingchild.gov.in portal. In
case the information is already uploaded, match the complaint with case
details uploaded on the portal.
f) Assess the level of threat or danger to the child, or his/her family and
take immediate steps to ensure their protection.
g) Also inform immigration authorities, Border Security Force (BSF),
Railways and other transport authorities, provincial/territorial and
municipal agencies, and any NGOs involved in service delivery for spotting
and recovering/rescuing the missing children.
Risk Assessment
As per the check list at Annexure III, taking into consideration various
parameters with respect to the missing child, risk assessment should be
done and the "Risk Assessment Form" be filled out by the SHO/Officer in
charge to determine the:
i. The urgency of investigation
ii. Areas of inquiry
iii. Types of specialist knowledge that might be needed
iv. The supervision that maybe required
v. Agencies who may be first alerted.
Organized Crime Perspective
1. Where a child cannot be traced within a period of four months, the
investigation of the case shall be transferred to the Anti Human Trafficking
Unit in the district which shall make reports every three months to the
District Legal Services Authority regarding the progress made in the
investigation.
2. If trafficking or any other element of organized crime is suspected, a
specialized team shall be instituted for investigation headed by the SHO.
3. Ensure the compliance of investigation as per the check list in Annexure-
IV."
8. Annexures Nos.3 and 4, referred to above,
read as follows: -
"ANNEXURE III: RISK ASSESSMENT
The following form should be filled out by the SHO in charge to structure
inquiries and to assist the level of risk posed to the missing child
No Investigative considerations Details and Persons
circumstances giving that
information
1 Whether the child is under the age of 14 years
2 If the missing person is a girl child
3 If the child comes from the Economically
Weaker Section (EWS)
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4 If the missing child has been a subject of prior
missing persons reports; or previously
disappeared and suffered or was exposed to
harm whilst missing
5 If the missing child has previously been a
victim/witness in any criminal investigation
6 If the missing child suffers from a mental or
physical impairment or serious illness; or
requires essential medication or treatment not
readily available to them e.g. asthma inhalers
or insulin?
7 If the child is known to associate with adults
or children who present risk of harm e.g.
sexual offenders, drug peddlers etc.
8 If the child had been associated with any
known criminals
9 If the child had been interacting with adults
on the internet
10 If the child was subject to drugs and alcohol
dependency
11 If the complainants have reason to believe
that the missing child has been abducted or
kidnapped for ransom
12 If there are suspicions of suicide or self-harm
13 If the child was involved in violent incidents
prior to crime
14 If the child has had a history of abuse at home
15 If the child is being compelled/manipulated
into a situation of bonded or exploitative child
labour with or without knowledge of the
parents/family/legal guardian;
16 If there is a high likelihood that the child may
get lured into trafficking;
17 If the child is being threatened by related or
non-related adults to take up inappropriate
work;
18 If there is a likelihood that the child may get
'sold' by related or not related persons.
19 Inclement weather conditions where exposure
would seriously increase the risk to health
ANNEXURE IV: RISK ASSESSMENT
This checklist is meant to provide a framework of actions,
consideration and activities that may assist in performing competent, productive
and thorough investigation in cases of missing/abducted children.
Checklist for IOs/Eos
No Investigative considerations Yes No
1 Whether the police officer dealing in missing children
case is in plain clothes?
2 Whether the police officer dealing in missing children
case is part of SJPU? If not has SJPU/District head of
SJPU been informed?
3 Whether the parent(s)/ legal guardian(s)/persons who
made the initial report were interviewed and their
statements recorded?
4 Whether the fact of missing was confirmed?
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5 Whether information regarding the missing child has been
uploaded in Form 'M' on www.trackthemissingchild.
gov.in
6 Whether the LSA and the para legal volunteers have been
immediately involved and their inputs in relation to case
details have been duly considered?
7 Whether the circumstances of the disappearance were
identified?
8 Whether the individuals who last had contact with the
child were interviewed?
9 Whether a detailed description was obtained of the
missing child, abductor, and any vehicle involved?
10 Whether the photograph/videotapes of the missing
child/abductor were secured?
11 Whether FIR is lodged immediately?
12 Whether all the steps required to be taken on a missing
report as per SOP were initiated?
13 Whether the complainant was suitably guided when he/she
calls up subsequently about progress of the case?
14 Whether names/ addresses/ telephone numbers of the
child's friends/teachers/associates and other relatives and
friends of the family obtained?
15 Whether the scene and area of the child's home sealed/
protected?
16 Whether the fact that child has a cellular telephone or
other electronic communication device or access to
internet was ascertained?
17 Whether the search was extended to surrounding areas
including vehicles and other places of concealment or
amusement or open drains/pits etc.?
18 Whether the area where the child was last seen was
investigated for CCTV or other such equipment?
9. Mr. Mainali submits that none of the steps, in
terms of the Standard Operating Procedure, has been
taken by the police in respect of the missing 14-year old
mentally challenged child.
10. Having heard Mr. Mainali and perused the
documents brought on record, it appears to us that it is
necessary to immediately cause a local inspection of the
institution i.e. respondent no.10 and to call for a report.
11. We, accordingly, direct the Registrar (Judicial)
of this Court to proceed to respondent no.10-Institution.
He shall be granted access by respondent no.10. Mr.
Dushyant Mainali, learned Counsel for the petitioner as
well as Mr. BPS Mer, learned Brief Holder for the State,
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shall accompany the Registrar (Judicial). The SHO,
Police Station, Ramnagar is directed to provide
sufficient force to the Registrar (Judicial) to enable him
to carry out the inspection. The Registrar (Judicial) shall
inspect the complete premises, and also see the
condition of the inmates as well as the general
prevailing conditions of the institution, particularly, with
regard to the hygiene, privacy, fooding, messing and
boarding. He shall also take photographs and make
video clips wherever he finds it necessary. He may also
interact with the inmates and the staff and officers of
respondent no.10, and also record their statements.
We direct the management and employees of
respondent no.10 to co-operate with the Registrar
(Judicial) in the discharge of his duties in terms of our
order.
12. The report be filed today itself.
13. In the light of the submissions advanced by
Mr. Mainali, it appears that the police is completely
ignorant about their obligations to take action in such
like cases in terms of the Standard Operating
Procedure, above referred to. Mr. Mainali submits that
the Uttarakhand Commission for Protection of Child
Rights has sent a communication dated 20.08.2022
addressed to the Chief Education Officer, District
Nainital, a copy whereof has also been sent to the Sr.
Superintendent of Police, Nainital, but to no avail.
14. We, therefore, direct the Sr. Superintendent
of Police, Nainital as well as the Station House Officer,
Police Station, In-charge Ramnagar, District Nainital to
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personally remain present in the Court on the next
date.
15. The Registrar General of the Court shall
communicate this order to the Sr. Superintendent of
Police, Nainital and the Station House Officer, Police
Station, In-charge Ramnagar, District Nainital, for
compliance.
16. List the matter on 23.09.2022.
________________
VIPIN SANGHI, C.J.
________________________ RAMESH CHANDRA KHULBE, J. BS/SK 8