Supreme Court Issues Warning on Missing Persons SOP Non-Response
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Key Takeaways
New Delhi, March 30 (NationPress) The Supreme Court has reprimanded multiple states and authorities for their failure to respond regarding issues of human trafficking and missing persons, issuing a warning of contempt action while mandating the creation of a nationwide Standard Operating Procedure (SOP).
In its ruling, a Bench comprising Justices Ahsanuddin Amanullah and R. Mahadevan noted that despite receiving notice, representatives for the Union of India and several states, such as Haryana, Mizoram, Kerala, Odisha, and Maharashtra, failed to appear.
Taking this serious oversight into account, the apex court ordered that the Directors General of Police (DGPs) from these defaulting states submit personally affirmed affidavits by April 16 to explain their absence.
"A personally affirmed affidavit must be submitted, no later than April 16, 2026, by all Directors General of Police from the aforementioned States....failing which they shall be required to appear in person before this Court," the court declared.
The Bench, led by Justice Amanullah, emphasized that non-compliance would result in severe repercussions, stating: "If such affidavits are not submitted by April 16, 2026, no justification for their absence will be entertained," and warned that failure could lead to contempt notices.
Stressing the importance of a consistent and efficient response mechanism, the Supreme Court directed the Union of India, states, and Union Territories to provide comprehensive affidavits detailing the procedures to be followed in such instances.
It clarified that it seeks not just theoretical frameworks but actionable solutions, asserting, "We are not interested in any hypothetical or academic formula but in a practical strategy that can be implemented immediately at the local police station level.”
Highlighting the urgency in these cases, the court remarked: "In matters of human trafficking, particularly concerning children, timely action is crucial," and insisted that guidelines must ensure immediate police action upon receiving a missing person report.
"The investigation must remain active until the individual is found, not merely on paper, but also in practice," the ruling stated.
To streamline operations, the Supreme Court requested the Union Home Secretary, along with their counterparts in states and UTs, and the DGPs, to engage in discussions with all relevant stakeholders and submit concrete proposals within a month.
These inputs will be compiled under the Union Home Ministry to establish a comprehensive pan-India SOP.
Additionally, the court directed a review of existing guidelines, including the Union government’s 2016 SOP, in light of this initiative. A core committee has been formed, comprising former IPS officer P.M. Nair, MHA Director Veerendra Kumar Mishra, and Additional Solicitor General S.D. Sanjay, who will serve as Convenor and Coordinator for this effort.
Moreover, specialized anti-trafficking agencies will also be involved to ensure that the final SOP is both practical and effective.
The Ministry of Home Affairs has been tasked with providing logistical support to the committee, including office space, personnel, and security arrangements. The matter is scheduled for further hearings on April 21.