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2012 DIGILAW 338 (JHR)

Susanna Kispotta v. State of Jharkand

2012-03-05

APARESH KUMAR SINGH, D.N.PATEL

body2012
ORDER By the Court. - Counsel appearing for the petitioners submitted that the details have been given by the State Government from the year 2008 indicating that there are 335 children are missing since 2008 and hardly 1-2% of the children have been found out by the respondent-State and the rest of approximately 98% of the missing children are still missing and, no satisfied steps have been taken for the respondent State nor they have followed their own instructions as stated in Annexure-A to the counter affidavit filed by Criminal Investigation Department (C.I.D.) in Writ Petition (PIL) No. 6823 of 2011. These instructions envisage constitution of' Missing Persons Bureau. No such Missing Persons Bureau has been still constituted by the respondent-State. Likewise, there is also provision for Missing Persons Squad in every district which has also not been constituted. Scientific method of investigation has also been pointed out, which has also not been followed by the State authority. Looking to the Annexure-A, as stated hereinabove, which is part and parcel of the Police Manual and is meant for that purpose, has not been followed by the State itself. 2. Counsel appearing for the State is unable to point out anything about the Missing Persons Bureau nor he is in a position to point out whether the Missing Persons Squad has been constituted or not and therefore, there is no question of following any scientific methods of investigation whatsoever arise by the State as stated in Annexure-A to the counter affidavit filed by the Criminal Investigation Department (C.I.D.). 3. It is, therefore, expected from the higher rank officers of the State that such type of Missing Persons Bureau may be constituted in the State of Jharkhand which is in the interest of the public at large and similarly, the Missing Persons Squad will also be constituted so that in scientific method, investigation may be carried out for missing children. The data of missing children from the year 2008 is as under : Year Missing Missing Missing Children Children Children (Male) (Female) (Total) 1 2 3 4 2008 32 32 64 2009 57 50 107 2010 58 42 100 2011 35 29 64 Total 182 153 335 4. The data of missing children from the year 2008 is as under : Year Missing Missing Missing Children Children Children (Male) (Female) (Total) 1 2 3 4 2008 32 32 64 2009 57 50 107 2010 58 42 100 2011 35 29 64 Total 182 153 335 4. Counsel appearing for the petitioners apprehends that the figure given in the aforesaid affidavit reveals only for the cases which are recorded before the police station and there are many cases of missing children also which have not been registered at all and therefore, such type of Missing Persons Bureau is required to be constituted. 5. The aforesaid data has been supplied by the State in their counter affidavit filed by the Criminal Investigation Department (C.I.D.) where no. satisfied steps taken by the State to find out the missing children of the State of Jharkhand has been stated, who are assets of the State of Jharkhand and who are the future of the State of Jharkhand. It. prima facie, appears that Missing Persons Bureau is yet to be constituted by the State Government. Therefore, the counsel for the respondent-State is seeking time to get further instructions about the constitution of aforesaid Missing Persons Bureau as stated in Annexure-A to the counter affidavit filed by the Criminal Investigation Department (C.I.D.) in Writ Petition(PIL) No. 6823 of 2011. 6. We, therefore, expect from the Chief Secretary, State of Jharkhand that the aforesaid Missing Persons Bureau as well as Missing Persons Squad may be constituted keeping in mind the number of missing children from the State of Jharkand as early possible and practicable, if not constituted so far, because the counsel appearing for the State have not been instructed by the officers of the State Government whether such type of Bureau or Squad is constituted or not. 7. Registry of this Court is directed to send a copy of this order to the Chief Secretary. State of Jharkhand through FAX and then, by Registered Post. 8. The matter is adjourned to be listed after three weeks. Ordered accordingly.