Gujarat High Court
Ramabhai Savabhai Vanzara vs State Of Gujarat & 6 on 12 August, 2016
Author: Harsha Devani
Bench: Harsha Devani, Biren Vaishnav
R/SCR.A/147/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO.147 of
2016
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RAMABHAI SAVABHAI VANZARA....Petitioner(s)
Versus
STATE OF GUJARAT & 6....Respondent(s)
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Appearance:
MR SUDHANSHU S PATEL, ADVOCATE for the Petitioner(s) No.1
NOTICE SERVED BY DS for the Respondent(s) No.2 - 7
MS NISHA THAKORE, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No.1
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CORAM: HONOURABLE MS. JUSTICE HARSHA DEVANI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 12/08/2016
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE HARSHA DEVANI)
1. By this petition, the petitioner seeks a direction to the respondents to produce the corpus of his minor daughter - Jashodaben Vanzara from the illegal custody of the respondents No.4 to 7 herein and to hand over the custody of his daughter to the petitioner.
2. From the averments made in the memorandum of petition, it appears that the birth date of the petitioner's daughter Jashodaben is 25th July, 1999 and that she has been missing since 26th September, 2015. Thus, on the date when the petitioner's daughter went missing, she was about 16 years and 4 months' old. In connection therewith, the petitioner had filed a first information report on 2 nd October, Page 1 of 5 HC-NIC Page 1 of 5 Created On Wed Aug 17 01:36:45 IST 2016 R/SCR.A/147/2016 ORDER 2015 being Dhansura Police Station I-C.R. No.49/2015 for the offence under sections 363, 366 and 114 of the Indian Penal Code against the respondents No.4 and 7.
3. In this petition, notice came to be issued on 11th January, 2016 and was made returnable on 18th January, 2016. Thereafter, from time to time, the Police Sub-Inspector, Dhansura Police Station has submitted various reports before this court indicating the progress in the investigation. Lastly, a report came to be submitted on 15th July, 2016 by the Circle Police Inspector, Bayad Circle, Bayad, however, till date, the petitioner's daughter has not been traced out.
4. It may be noted that a Division Bench of this court in various petitions seeking writs of habeas corpus being Special Criminal Application No.1648 of 2012 and allied matters, has, by an order dated 26th December, 2012, issued the following directions:-
"1. As and when any complaint is made by the concerned person/father/mother/parents of the missing girl/missing person making allegation for the offences punishable under Sections 363, 366, 376 and/or any other offence under the Indian Penal Code, 1860, more particularly, related to the offence against women with allegations of missing and/or kidnapping, etc., the concerned police officer must immediately register the same as FIR and start investigating immediately and all such efforts should be made by the concerned IO to find out and/or trace out the missing girl/accused.
2. For any reason and despite best efforts, the concerned police officer is not in a position to find out and/or trace out the missing girl/women or concerned accused within a period of three months, the same shall be immediately reported to the concerned S.P./Dy.S.P. and for a further period of three months, the concerned S.P./Dy.S.P. and/or Page 2 of 5 HC-NIC Page 2 of 5 Created On Wed Aug 17 01:36:45 IST 2016 R/SCR.A/147/2016 ORDER higher Authority shall monitor and/or supervise the investigation and get the weekly report from the concerned police officer/Investigating Officer.
3. If the concerned police officer/Investigating Officer and/or the concerned higher Officer apprehends that the missing girl/accused is outside the State and there is any non-cooperation by the concerned police officer of the concerned State, the same shall be immediately reported to the IG/DIG/Secretary, Home Department, State of Gujarat and it should be seen that the requisite required assistance is received from the concerned police officer of the concerned State.
4. If despite the aforesaid all efforts inclusive of obtaining warrants under Section 70 of the CrPC, giving public notices in local newspapers/news papers, in Door Darshan etc., the missing girl/accused is/are not traced out, investigation of all such cases shall be transferred to the CID Crimes Branch immediately after a period of six months and the CID Crimes, State of Gujarat either through missing cell/women cell or the CID Crimes shall investigate such a case and to find out the missing girl/corpus/accused.
5. The State Government to consider the proposal to increase staff in the CID Crimes more particularly in the Women Cell and Missing Cell of the CID Crimes immediately and see to it that the staff is increased in the office of CID Crimes more particularly Women Cell and Missing Cell and/or respective zones which is required to expedite the investigation in such cases. All efforts should be made by the State Government to increase the staff at the earliest.
6. In cases where the concerned Investigating Officer has submitted A summaries in the respective cases, all such cases shall be reviewed by the concerned higher Officer/Dy.S.P. and the concerned Dy.S.P./higher Authority shall monitor and/or supervise such investigation by getting weekly reports and if thereafter, within a period of three months, the result is not achieved and the concerned missing girl/women is still not traced out and/or found out, all such cases shall also be transferred to the CID Crimes for its investigation."Page 3 of 5
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5. Subsequently, the Supreme Court in Bachpan Bachao Andolan v. Union of India, (2014) 16 SCC 616, has inter alia directed that in case a missing child is not recovered within four months from the date of filing of the first information report, the matter may be forwarded to the Anti- Human Trafficking Unit in each State in order to enable the said unit to take up more intensive investigation regarding the missing child. The Anti-Human Trafficking Unit shall file periodical status reports after every three months to keep the Legal Services Authorities updated. Once a child is recovered, the police authorities shall carry out further investigation to see whether there is any involvement of any trafficking procedure by which the child went missing, and if, on investigation, such links are found, the police shall take appropriate action thereupon.
6. Pursuant to the above orders passed by the Supreme Court as well as this court, further steps appear to have been taken by the concerned authorities including taking steps for setting up additional Anti-Human Trafficking Units.
7. As is evident from the facts noted hereinabove, a period of more than 90 days has elapsed since the time when the petitioner's daughter - Jashodaben went missing. In these circumstances, in the light of the directions issued by the Supreme Court in the above referred decision, the court deems it fit to transfer the investigation in the present case to the Anti-Human Trafficking Unit, Aravali. Ms. Nisha Thakore, learned Additional Public Prosecutor, under instructions, states that the Local Crime Branch, Aravali is in charge of the Anti-
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R/SCR.A/147/2016 ORDER
Human Trafficking Unit at Aravali. The Anti-Human Trafficking Unit shall submit a report to this court within a period of three months from the date of receipt of a copy of this order.
8. Registry to furnish a copy of this order to Ms. Nisha Thakore, learned Additional Public Prosecutor for further action in this behalf.
S.O. to 5th December, 2016.
( Harsha Devani, J. ) ( Biren Vaishnav, J. ) hki Page 5 of 5 HC-NIC Page 5 of 5 Created On Wed Aug 17 01:36:45 IST 2016