Court On Its Own Motion v. Director General Of Police
2018-05-10
SANDEEP SHARMA, SANJAY KAROL
body2018
DigiLaw.ai
JUDGMENT Sandeep Sharma, J —Taking suo motu cognizance of communication dated 11.10.2017 addressed to the Chief Justice of this Court, wherein person namely; Rajender Singh prayed for issuance of direction to the police for lodging FIR with regard to his missing son, this Court, while treating instant petition to be Public Interest Litigation, directed learned Additional Advocate General to have instructions in the matter. 2. Averments contained in the letter petition, referred hereinabove, suggest that recruit Vishal Khaira, Jammu & Kashmir Rifle Regiment Centre Pin-908773 C/O 56 APO Jabbalpur, had boarded Godwana Express on 3.9.2017 from Jabbalpur. On 3.9.2017 at 11.00 P.M. recruit Vishal Khaira made a call to his father i.e. letter petitioner from phone of another recruit disclosing therein that he has lost his mobile. On 4.9.2017, at about 8.00 A.M., letter petitioner tried to contact his son, but nobody picked-up the phone, whereafter, letter petitioner again on the same day at 11.00 A.M. and 6.00 P.M. tried to contact his son over a mobile bearing No.8894533862, but the person who took up the phone stated that call is being made on wrong number. It is further averred that the train, which was boarded by recruit Vishal Khaira, was scheduled to reach Nizamudeen Railway Station at 5.15 in the morning, but, since son of the petitioner failed to reach home, letter petitioner tried to find out the location of mobile of his son. Since, location of mobile phone was found near Dattia, Madhya Pradesh, letter petitioner alongwith other family members reached Dattia on 8.9.2017, where one tea seller, after having seen photograph of recruit Vishal, disclosed that he had seen this person half an hour back. Letter petitioner has alleged that despite there being sufficient clues, police of Madhya Pradesh and Himachal Pradesh is not making sincere effort to locate his missing son. 3. Superintendent of Police, Kangra at Dharamshala, while acknowledging factum with regard to receipt of application received by police with regard to missing son of letter petitioner has categorically stated in his affidavit that an application was forwarded to SHO, Police Station, Kangra for appropriate action, as per law, who in turn has made all out efforts to locate the missing son of the letter petitioner. Para-4 of affidavit is reproduced hereinbelow: "4.That the said application was forwarded to SHO Police Station Kangra for appropriate action as per law.
Para-4 of affidavit is reproduced hereinbelow: "4.That the said application was forwarded to SHO Police Station Kangra for appropriate action as per law. On receipt of the application at the police station missing report of Vishal Khaira was entered as GD entry No.25 dated 13.09.2017 and thereafter following actions were undertaken:- (a) Efforts for tracing of the missing person were made out and during the course of such efforts; it was found that on 03.09.2017 Vishal was coming home for 28 days leave from Army Training Centre Jabalpur. He boarded Godwana Express No.22181, enroute Jabalpur to Delhi and was sitting on the seat No.53 of S-3 Coach. (b) While performing journey, he had conversation with his father from mobile No.88943-55020 and secondly from mobile No.88945-38862 of other recruit Onkar Singh, who was also traveling with him. Vishal was to reach home on 04.09.2017 approximately. When he did not arrive, his parents and relatives started searching for him but no clue about his whereabouts were found, on which the above said missing report was registered. (c) As per Shri Rajindr Singh (father of Vishal) , the location of his son was last found at place Datiyan/Dabra situated between Jhansi and Gwalior. The parents of Vishal searched him at that place, but his whereabouts were not ascertained. In order to ascertain the whereabouts of the Vishal, the persons traveling with him namely Onkar and Akshay were also interrogated but nothing about Vishal was ascertained. Vishal was found missing between Jabalpur and Delhi. Army Officers of Jabalpur have also recorded missing report of Vishal at Jabalpur. The matter was also reported to police station Dabra. Missing report of Vishal was also published in local news paper and the same was also discussed with the Superintendent of Police Gwalior. CDRs of mobile No.88943-55020 were obtained and the statement of Shri Rajinder Singh was got recorded. Fact qua missing of Vishal was commonly shared amongst all the Police Station of District Kangra however no clue or whereabouts of Vishal could be found. (d) Statement of Sh.Rajinder Singh (father of Vishal) was also recorded. He stated that after his son had gone missing, his relatives had gone to Dabra in search of his son. They came to know from Vendors at Dabra railway station that Vishal was last seen at the station.
(d) Statement of Sh.Rajinder Singh (father of Vishal) was also recorded. He stated that after his son had gone missing, his relatives had gone to Dabra in search of his son. They came to know from Vendors at Dabra railway station that Vishal was last seen at the station. He had an altercation with some local vendors and the matter was reported to the police station Dabra on toll free No.100. After which the police took him to police station and allowed him to go after some time. During enquiry, the statements of Onkar Singh and Akshay Kumar were also recorded by the police. They have stated that all the recruits had collectively boarded the train at Jabalpur railway station. All of them were directed by the Army authorities not to alight from the train and so they kept on sitting on their respective seats. During night hours Vishal came to Onkar Singh and requested for his mobile phone, as the battery of his cell phone had drained and he wanted to talk to his parents He thereafter called his parents and after having conversation went to his seat. On the next morning, all of them alighted from the train at Delhi but Vishal was not there. All the other persons left for their homes but Vishal was not found anywhere. (e) That it is worthwhile to submit here that since Vishal Khaira went missing from Dantiya/Dabra, the place situated between Jhanshi and Gwalior (beyond the jurisdiction of District Kangra) , therefore, the deponent has undertaken the matter with the DGPs of the concerned States of Madhya Pradesh, Uttar Pradesh and the Commissioner of Police Union Territory New Delhi, SSP Gwalior, Training Battalion Commander Jabbalpur M.P. and SHO Police Station Dabra, M.P. for inquiry into the matter for finding out the whereabouts of Shri Vishal Khaira.", 4. Having carefully perused the contents contained in the aforesaid affidavit of Superintendent of Police, Kangra, this Court is convinced and satisfied that the sincere efforts have been made by police to locate the missing son of letter petitioner. Police has already taken up the matter with the Director Generals of Police of the concerned States i.e. Madhya Pradesh, Uttar Pradesh and the Commissioner of Police, Union Territory, New Delhi, SSP Gwalior, Training Battalion Commander Jabbalpur, M.P. and SHO Police Station Dabra, M.P. to ascertain the whereabouts of missing son of the letter petitioner.
Police has already taken up the matter with the Director Generals of Police of the concerned States i.e. Madhya Pradesh, Uttar Pradesh and the Commissioner of Police, Union Territory, New Delhi, SSP Gwalior, Training Battalion Commander Jabbalpur, M.P. and SHO Police Station Dabra, M.P. to ascertain the whereabouts of missing son of the letter petitioner. 5. During proceedings of the case, this Court also called upon Army Authorities i.e. Army Training Centre, Jabbalpur (Madhya Pradesh) through its Commanding Officer to file response, who through OIC, Legal Cell, Station Head Quarter, Shimla, has filed his affidavit, stating therein that pursuant to missing report received from the parents of recruit Vishal Khaira, a search operation was started, but till date no fruitful information has been received. Army Authorities have also initiated Court of Inquiry to investigate the circumstance under which recruit Vishal Khaira has neither reported at home nor reported back to duty on termination of leave. As per affidavit filed by Army Authority, regular interaction is being made with the Police Station Dabra and Government Railway Police, Railway Station, Gwalior to take/derive the latest input of the recruit Vishal Khaira. 6. Having carefully perused affidavit of the Superintendent of Police as well as OIC, Legal Cell, Station Head Quarters, Shimla, this Court is satisfied that all necessary efforts are being made by the police as well as Army Authorities to locate the missing son of letter petitioner and, as such, no fruitful purpose would be served in case present petition is kept alive, therefore the same is closed. However, before disposing of this present petition, this Court directs Superintendent of Police, Kangra at Dharamshala as well as Army Authorities to remain in touch with Director Generals of Police of States of Madhya Pradesh, Uttar Pradesh and Commissioner of Police, Union Territory at New Delhi, so that constant efforts are made without there being any let up to locate the missing son of the letter petitioner, who, apart from being son of letter petitioner, is also a valuable soldier of this country. All the aforesaid Authorities shall file their affidavits in compliance after a period of three months from today with the Registry of this Court intimating therein the information, if any, received by them with regard to missing son of letter petitioner i.e. recruit Vishal Khaira. 7.
All the aforesaid Authorities shall file their affidavits in compliance after a period of three months from today with the Registry of this Court intimating therein the information, if any, received by them with regard to missing son of letter petitioner i.e. recruit Vishal Khaira. 7. We also wish to place on record appreciation qua the efforts put in by Ms.Vandana Misra, Advocate as Amicus Curiae, who, on the instructions of this Court, contacted letter petitioner and obtained necessary feed back. 8. Registry is directed to send a copy of this judgment to the Director Generals of Police of States of Himachal Pradesh, Madhya Pradesh, Uttar Pradesh and Commissioner of Police, Union Territory at New Delhi for necessary action as well as to the letter petitioner to enable him to take follow up action with the concerned Authorities.