Tripura High Court Issues Guidelines For Effective Investigation In Missing Persons Case
On July 11, 2024, the Tripura High Court, led by Justice T. Amarnath Goud, issued comprehensive guidelines to enhance the investigation of missing persons cases in the state. This directive was prompted by petitions highlighting the state's inadequate response to such cases. The Court emphasized the urgent need for a structured approach to address the issue effectively.
📌 Case Background
The Court's intervention followed petitions from families of missing individuals, including a woman with a severe brain disorder, who alleged insufficient police action in tracing their loved ones. The Court noted that the police department must play a vital role in tracing missing persons without delay, especially when lives are at stake.
📝 Key Guidelines Issued
The Tripura High Court directed the state government to formulate and implement a Standard Operating Procedure (SOP) for handling missing persons cases. The Court's guidelines include:
Prompt Publicity: Publish photographs of missing persons in newspapers, television, social media, and prominent public places within one week of receiving a complaint. For minors or major girls, consent from parents or guardians is required before publication.
Thorough Inquiries: Conduct extensive inquiries with family members, relatives, neighbors, colleagues, and other relevant individuals. This includes searching areas of interest and examining personal belongings for clues.
Examination of Digital Evidence: Inspect the missing person’s computer, cell phone, and diaries with the consent of their families.
Hospital and Mortuary Checks: Authorities must inquire about unidentified persons in hospitals and mortuaries within seven days of receiving a complaint.
Designated Investigating Officer: Ensure that the investigating officer is of at least the rank of Inspector of Police.
Regular Progress Reports: Submit regular 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”: After six months of diligent efforts, issue a “Certificate of Missing” if the person remains untraced.
⚖️ Legal Context
The Court's decision underscores the judiciary's role in ensuring that law enforcement agencies adhere to established procedures and timelines in handling missing persons cases. By mandating the implementation of an SOP, the Court aims to standardize the investigative process, reduce delays, and enhance the effectiveness of police responses. This intervention aligns with the principles of justice and accountability, ensuring that the rights of individuals are safeguarded.
🔄 Implementation and Impact
The Tripura High Court directed the Secretary of Home Affairs, Government of Tripura, to issue and enforce the SOP immediately. The guidelines are expected to streamline the investigative process, provide clarity to law enforcement agencies, and offer a structured approach to handling missing persons cases. By emphasizing prompt action, thorough investigations, and regular communication with families, the Court aims to alleviate the distress of families and ensure timely resolutions.
📚 Case Reference
Case Title: Amulya Bhattacharjee vs. The State of Tripura and 4 Others
Case Number: WP(C) 348 of 2024
Bench: Justice T. Amarnath Goud
Date of Judgment: July 11, 2024
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