Authorities must strictly follow child welfare laws and guidelines in handling cases of missing minors.

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

The present was a petition seeking writ of habeas corpus. It was filed by one Dineshbhai Rustambhai Khalifa seeking direction against District Superintendent of Police, Ahmedabad Rural, Ahmedabad and Police Sub Inspector, Bavla Police Station, Ahmedabad Rural, to produce the corpus – the daughter, aged about 15 years at the time of filing of the petition, of the petitioner and thereafter to hand over the custody as per her wish.

2. It was the case that daughter of the petitioner was doing household work as well as working as beautician. On the day of incident, since the daughter was not found at home, upon inquiry, the petitioner-father came to know that respondent No.4 who was in contact with her daughter was also missing. It was alleged in the petition that respondent No.4 had forcibly taken away and abducted the minor daughter of the petitioner under the pretext of performing marriage. A police complaint was also lodged. Since the corpus had been missing since 25th May, 2019 and no progress was achieved by the police pursuant to the complaint lodged by the petitioner, this petition came to be filed on 29th July, 2019.

3. This Court issued notice on 30th July, 2019 directing the authorities to produce before the Court the corpus, failing which to file action taken report. The police machinery activated itself and reports were submitted to the Court about the progress achieved to trace out the corpus. This Court dealt with the matter time-to-time and passed series of orders. In order dated 18th March, 2021 the Court showed displeasure on the failure of the authorities in not securing the custody and production of the corpus, by noticing that the corpus was fifteen- years-and-four-months old in the month of May, 2019 when she went missing and that two years' time had already elapsed, yet the whereabouts of the corpus was not available.

3.1 The anxious Court made the following prophetic observations in the order dated 18th March, 2021.

“The difficulties arise when the time flies that more often then not their longer association with the accused resulting into the young victims becoming mothers and they continued to remain the victim all throughout their lives. It also becomes a traumatic experience for the parents and for the victim herself.”

3.2 In the aforementioned order, the Court taking a stern posture directed the senior officer not below the rank of Deputy Secretary, Home Department to file affidavit penning down the mechanism adopted and followed in such missing cases including to furnish the details of total number of missing boys and girls by giving year-wise data. After passing the aforesaid order, hopefully and co- incidentally, the corpus was traced by the police and came to be produced before the Court on 23rd February, 2021.

3.3 When the Court conversed with the corpus, it was found that she had a child aged 12 months born out of the cohabitation with respondent No.4 who had taken the minor corpus away with him. Before the Court, corpus expressed her wish to join her parents and also to be with her child. The Court also interacted with the parents of the corpus. Medical and other examination of the corpus was directed to be carried out. Respondent No.4 had ran away from the clutches of the police.

3.4 On subsequent occasion on 08th April, 2021 the Court further dealt with the case. Respondent No.4 was still absconding despite intense search to find out him was undertaken as per the say of the respondents. The Court noted the willingness of the petitioner and his wife to keep with them their daughter-the corpus and the son born to her. The corpus also showed her willingness that she wanted to join the parents. Therefore, the Court permitted th