W.P.Nos.2999-3000/2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28^TH DAY OF NOVEMBER, 2018

PRESENT

HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE

AND

HON’BLE MRS.JUSTICE S. SUJATHA

WRIT PETITION Nos.2999 – 3000 OF 2015 (GM-RES)

BETWEEN:

1.

HIGH COURT LEGAL

SERVICES COMMITTEE

HIGH COURT BUILDING

BENGALURU-560001

REP. BY ITS SECRETARY.

2.

JUSTICE AND CARE

A NOT-FOR-PROFIT COMPANY

REGISTERED UNDER SECTION 25

OF THE COMPANIES ACT, 1956

HAVING ITS REGISTERED OFFICE

AT: P.O BOX 4248,

SIVAN CHETTY GARDEN

BANGALORE-560042

REP BY ITS AUTHORIZED

REPRESENTATIVE

Mrs. SUGANTHI SHAIJU.

... PETITIONERS

(BY SMT. B.V. VIDYULATHA, ADVOCATE)

AND:

1.

STATE OF KARNATAKA

VIDHANA SOUDHA

BENGALURU-560001

BY PRINCIPAL CHIEF SECRETARY.

W.P.Nos.2999-3000/2015

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2.

REGISTRAR GENERAL

HIGH COURT OF KARNATAKA

BENGALURU-560001.

3.

THE COMMISSIONER OF POLICE

OFFICE OF THE COMMISSIONER POLICE

INFANTRY ROAD

BENGALURU-560001.

... RESPONDENTS

(BY SRI. D.NAGARAJ, AGA)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES

226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO

DIRECT THE RESPONDENTS TO FRAME COMPREHENSIVE

GUIDELINES OR STANDARD OPERATING PROCEDURES FOR

DEALING WITH CASES OF MISSING PERSONS FROM THE

POINT

OF

VIEW

OF

TRAFFICKING;

DIRECT

THE

RESPONDENTS TO STRICTLY IMPLEMENT AND / OR FOLLOW

THE SPECIAL PROCEDURES LAID DOWN UNDER THE

SPECIAL LAWS RELATING TO TRAFFICKING SUCH AS ITPA,

POCSO,

ETC.,

WITH

RESPECT

TO

PRE-RESCUE,

INVESTIGATION, PROSECUTION, RE-INTERROGATION AND

REHABILITATION

OF

THE

VICTIMS,

WITH

SPECIAL

ATTENTION BEING GIVEN TO THE SOPs. GUIDELINES ETC.,

LAID

DOWN

IN

THIS

RESPECT;

AND

DIRECT

THE

RESPONDENTS

TO

SUBMIT

A

REPORT

ON

THE

IMPLEMENTATION OF THE ABOVEMENTIONED RULES AND

STANDARD

OPERATING

PROCEDURES

ON

MISSING

PERSONS AND CASES OF HUMAN TRAFFICKING ALREADY

EXISTING IN THE STATE OF KARNATAKA.

THESE PETITIONS COMING ON FOR PRELIMINARY

HEARING IN ‘B’ GROUP THIS DAY, S. SUJATHA, J MADE THE

FOLLOWING:

W.P.Nos.2999-3000/2015

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ORDER

In these writ petitions, filed as public interest litigation,

the reliefs claimed by the petitioners are as under:

“a]

Issue a Writ of Mandamus or any other

appropriate

Writ,

Order

or

Direction,

directing

the

Respondents

to

frame

Comprehensive Guidelines or Standard

Operating Procedures for dealing with

cases of missing persons from the point of

view of trafficking.

b]

Issue a Writ of Mandamus or any other

appropriate

Writ,

Order

or

Direction,

directing

the

Respondents

to

strictly

implement

and/or

follow

the

special

procedures laid down under the special

laws relating to trafficking such as ITPA,

POCSO, etc., with respect to pre-rescue,

investigation,

prosecution,

reintegration

and rehabilitation of the victims, with

special attention being given to the SOPs,

guidelines, etc., laid down in this respect.

c]

Issue a writ of Mandamus or any other

appropriate

Writ,

Order

or

Direction,

directing the Respondents to submit a

Report on the implementation of the above

W.P.Nos.2999-3000/2015

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mentioned Rules and Standard Operating

Procedures on missing persons and cases

of human trafficking already existing in the

state of Karnataka.

d]

Issue any other Writ or order or Direction

as this Court may please in the facts and

circumstances of the case and in the

interest of justice and equity.”

2.

The genesis of these Writ Petitions relates to

monitoring of the action taken by the State Commissions in

the State of Karnataka in implementing the directions issued

by the Hon’ble Apex Court in the case of Bachpan Bachao

Andolan Vs. Union of India [UOI] and Others [W.P. [Civil]

No.75/2012] from time to time. It was contended by the

petitioners that to effectively address the various concerns

arising from