The court established that missing person cases require urgent action and compliance with existing SOPs and legal obligations, emphasizing the presumption of abduction or trafficking.

ORDER :

C.M. POONACHA, J.

The present writ petition is filed by the petitioner under Articles 226 and 227 of the Constitution of India, seeking for a writ of habeas corpus directing the respondents to produce the detenue before the Court.

2. It is the case of the petitioner, who is the father of the detenue that, the detenue, being his daughter, was working as an accountant in Aukshavanta Arogyalaya, Hubli since 2021. That on 18.12.2023, the detenue visited her parent’s residence and informed that she left her job at Aukshavanta Arogyalaya, Hubli and was working at Vishnu Agro Oil Industry, Akki Honda, Hubli, as an accountant. That the detenue stayed at her parent’s residence for two days and she left for Hubli on 20.12.2023 at 9.30 a.m., and that the petitioner dropped her to the bus stand. It is the further case of the petitioner that from the evening of 21.12.2023, both phone numbers of their daughter, the detenue, were switched off and they were not able to contact her. That they went to Hubli and made enquiries, despite which, they were unable to trace their daughter. Being left with no other alternative, they lodged a Police complaint on 27.12.2023. The Police Authorities, not having traced the detenue, the present petition was filed on 06.05.2024.

3. After issuance of notice, the Police Authorities have periodically filed various affidavits/status reports, detailing the various steps/measures taken by them in attempting to trace the detenue. Affidavits of the Police Sub-Inspector, Yellapur Police Station, Yellapur, were filed on 24.05.2024, 21.06.2024 and 15.07.2024. Thereafter, this Court, vide order dated 01.08.2024, directed the Superintendent of Police, Karwar, to be present on 19.08.2024, consequent to which, the Superintendent of Police, Karwar, was present before the Court and a status report by way of an affidavit of the Jurisdictional Police Inspector has been filed. Thereafter, on 18.09.2024 also, the Superintendent of Police, Karwar, was present before the Court and this Court recorded satisfaction vis-à-vis the efforts made by the Police Authorities and adjourned the matter by four weeks to trace the detenue. Thereafter, status reports were filed on 21.10.2024 and 16.12.2024.

4. On 07.02.2025, the Deputy Superintendent of Police, Sirsi Sub-Division and the Police Inspector, Yellapur Police Station, were present before the Court and further status report and affidavit were filed. This Court, considering the submissions made by learned counsel for the petitioner that issuing certain guidelines for disposal of habeas corpus writ petitions, when the detenue is not traced be ordered, has heard the learned counsel for the petitioner and learned Additional Advocate General regarding the said aspect of the matter.

5. The sum and substance of the present situation is that the daughter of the petitioner, whose presence is sought to be secured still remains untraced. The present situation is an extremely worrying one, requiring this Court to examine as to what further action could be undertaken. In this context, an overview of how Courts and Authorities have dealt with similar situations is required to be looked into.

Measures taken by the Government of Karnataka regarding cases of missing persons:

6. The Government of Karnataka issued Standing Order bearing No.741, dated 01.04.1977, whereunder, the procedures to be followed by the Station House Officer’s (SHO’s), were stipulated whenever complaints regarding missing children or adults are received.

7. Vide Standing Order bearing No.885, dated 31.10.1990, issued by the Office of the Director General of Police and Inspector General of Police, Hereinafter referred to as ‘the DGP and IGP, Bengaluru’, Bengaluru, noticing certain lacuna in the system with regard to cases of missing persons, being enquired and investigated, directed that all cases of missing persons, which are over six months old, will be taken up for investigation by the concerned Inspector of Police from their Poli