Karnataka High Court
High Court Legal Services Committee vs State Of Karnataka on 28 November, 2018
Equivalent citations: AIRONLINE 2018 KAR 1164
Bench: Chief Justice, S.Sujatha
W.P.Nos.2999-3000/2015
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MRS.JUSTICE S. SUJATHA
WRIT PETITION Nos.2999 - 3000 OF 2015 (GM-RES)
BETWEEN:
1. HIGH COURT LEGAL
SERVICES COMMITTEE
HIGH COURT BUILDING
BENGALURU-560001
REP. BY ITS SECRETARY.
2. JUSTICE AND CARE
A NOT-FOR-PROFIT COMPANY
REGISTERED UNDER SECTION 25
OF THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE
AT: P.O BOX 4248,
SIVAN CHETTY GARDEN
BANGALORE-560042
REP BY ITS AUTHORIZED
REPRESENTATIVE
Mrs. SUGANTHI SHAIJU. ... PETITIONERS
(BY SMT. B.V. VIDYULATHA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
VIDHANA SOUDHA
BENGALURU-560001
BY PRINCIPAL CHIEF SECRETARY.
W.P.Nos.2999-3000/2015
-2-
2. REGISTRAR GENERAL
HIGH COURT OF KARNATAKA
BENGALURU-560001.
3. THE COMMISSIONER OF POLICE
OFFICE OF THE COMMISSIONER POLICE
INFANTRY ROAD
BENGALURU-560001. ... RESPONDENTS
(BY SRI. D.NAGARAJ, AGA)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENTS TO FRAME COMPREHENSIVE
GUIDELINES OR STANDARD OPERATING PROCEDURES FOR
DEALING WITH CASES OF MISSING PERSONS FROM THE
POINT OF VIEW OF TRAFFICKING; DIRECT THE
RESPONDENTS TO STRICTLY IMPLEMENT AND / OR FOLLOW
THE SPECIAL PROCEDURES LAID DOWN UNDER THE
SPECIAL LAWS RELATING TO TRAFFICKING SUCH AS ITPA,
POCSO, ETC., WITH RESPECT TO PRE-RESCUE,
INVESTIGATION, PROSECUTION, RE-INTERROGATION AND
REHABILITATION OF THE VICTIMS, WITH SPECIAL
ATTENTION BEING GIVEN TO THE SOPs. GUIDELINES ETC.,
LAID DOWN IN THIS RESPECT; AND DIRECT THE
RESPONDENTS TO SUBMIT A REPORT ON THE
IMPLEMENTATION OF THE ABOVEMENTIONED RULES AND
STANDARD OPERATING PROCEDURES ON MISSING
PERSONS AND CASES OF HUMAN TRAFFICKING ALREADY
EXISTING IN THE STATE OF KARNATAKA.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, S. SUJATHA, J MADE THE
FOLLOWING:
W.P.Nos.2999-3000/2015
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ORDER
In these writ petitions, filed as public interest litigation, the reliefs claimed by the petitioners are as under:
"a] Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondents to frame Comprehensive Guidelines or Standard Operating Procedures for dealing with cases of missing persons from the point of view of trafficking.
b] Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondents to strictly implement and/or follow the special procedures laid down under the special laws relating to trafficking such as ITPA, POCSO, etc., with respect to pre-rescue, investigation, prosecution, reintegration and rehabilitation of the victims, with special attention being given to the SOPs, guidelines, etc., laid down in this respect.
c] Issue a writ of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondents to submit a Report on the implementation of the above W.P.Nos.2999-3000/2015 -4- mentioned Rules and Standard Operating Procedures on missing persons and cases of human trafficking already existing in the state of Karnataka.
d] Issue any other Writ or order or Direction as this Court may please in the facts and circumstances of the case and in the interest of justice and equity."
2. The genesis of these Writ Petitions relates to monitoring of the action taken by the State Commissions in the State of Karnataka in implementing the directions issued by the Hon'ble Apex Court in the case of Bachpan Bachao Andolan Vs. Union of India [UOI] and Others [W.P. [Civil] No.75/2012] from time to time. It was contended by the petitioners that to effectively address the various concerns arising from the case of trafficking, there is an urgent need in the State of Karnataka for time bound disposal of human trafficking cases, create sensitivity towards victims by having in camera proceedings not only for minors but majors as well, use of video conferencing to facilitate evidence of victims and other witnesses for speedy disposal of cases, conduct of proper inquiry within one month of filing of charge W.P.Nos.2999-3000/2015 -5- sheet as envisaged under POCSO Act, expeditious inquiry by the Probation Officer whenever such an inquiry is sought etc., framing of guidelines is necessary.
3. Reports were filed by the respondents from time to time regarding the steps taken for implementing the directions issued by the Hon'ble Apex Court.
4. Learned counsel for the parties submit ad idem that the issue involved in these Writ Petitions is no more res integra and is now squarely covered by the order passed by the Hon'ble Apex Court in W.P [Civil] No.75/2012 [Bachpan Bachao Andolan V/s. Union of India and Others], as such, at this stage, no further proceedings may be necessary.
5. Reference is made to the orders of the Hon'ble Apex Court dated 05.09.2017 and 07.12.2017 [Bachpan Bachao Andolan, supra]. We find it apt to quote the same for ready reference:
Order dated 05.09.2017:
"It is stated by learned counsel for the petitioner that the Standard Operating Procedure on Missing Children which has been issued by the Ministry of Women and Child Development in W.P.Nos.2999-3000/2015 -6- the Government of India needs to be monitored so that effective steps are taken to trace out missing children and restore them to their families. It is suggested that the monitoring may be done by the State Commission for Protection of Child Rights (SCPCR). Learned ASG has no objection to this.
In our opinion, this suggestion is acceptable. Accordingly, we direct the Ministry of Women and Child Development, Government of India to inform all the State Commissions to monitor the Standard Operating Procedure on Missing Children. There is no doubt that rescue of missing children and their restoration are of considerable importance and we expect the State Commissions to take up the task in right earnestness.
It is further submitted by learned counsel for the petitioner that the National Crime Records Bureau (NCRB) does not contain any data of missing children. Since the NCRB is not a party in this petition, we are not inclined to issue any direction to the NCRB to publish the data on missing children. However, we request the NCRB to look into this aspect and include it in the data that is published annually by the NCRB.
W.P.Nos.2999-3000/2015 -7- It is finally submitted by learned counsel for the petitioner that in the event of a disaster, the persons who suffer the most are children. It is submitted that directions be issued to the National Disaster Management Authority (NDMA) to concentrate on the rescue and rehabilitation of children in the event of a disaster. Again, since the NDMA is not a party in these proceedings, we can only request the NDMA to look into this matter since it does appear that the submissions made by learned counsel for the petitioner are correct. The NDMA should give special attention to the children in the event of a disaster since they are the most vulnerable victims of a disaster that may strike at any time.
It is submitted by learned counsel for the petitioner that one I.T. professional - Mr. Vijay Gnanadesikan has developed a mobile application on facial recognition of missing children. Learned counsel for the petitioner says that the petitioner will be in touch with Mr. Vijay Gnanadesikan and take his assistance so that the Government of India is able to make use of his expertise in developing and implementing a mobile application on facial recognition of missing children.
W.P.Nos.2999-3000/2015 -8- It is submitted by learned counsel for the petitioner that the cases of trafficking of children and children illegally being compelled to be involved in child labour are not registered by the police. No details have been furnished in this regard. However, we issue a general direction that in the event of any information about trafficking of children or exploitation of children contrary to law appropriate cases should be registered by the police and necessary follow up action be taken.
List the matter on 07.12.2017 for the limited purpose of facial recognition issues."
Order dated 07.12.2017:
"Learned counsel for the petitioner says that the software for facial recognition is being actively considered by the Ministry of Women and Child Development. It is upto the Ministry to take a decision on whether to accept the software and implement it or not.
Nothing further survives this matter.
The writ petition is disposed of."
W.P.Nos.2999-3000/2015 -9-
6. In view of the aforesaid observations/directions made/issued by the Hon'ble Apex Court, nothing survives for consideration in these Writ Petitions so as to issue any further directions to the respondents to frame guidelines or Standard Operating Procedures for dealing with the cases of missing persons. It is needless to observe that the respondents shall strictly implement and follow the directions issued by the Hon'ble Apex Court in Bachpan Bachao Andolan supra.
7. In view of the above, as at present, we do not find any reason to issue any further Writ, order or direction in these matters at this stage and therefore, the proceedings herein stand closed, but with liberty to the petitioner to apply for revival of these petitions, if occasion so arise.
The petitions stand disposed of accordingly.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE NC/AHB