Karnataka High Court Mandates High-Level Police Committee to Oversee Missing Person Cases Unsolved for Over Two Months, Issues Comprehensive SOP

Karnataka High Court Establishes New Framework for Missing Person Probes, Orders High-Level Committee for Unsolved Cases

Dharwad, Karnataka - In a significant ruling aimed at overhauling the investigation process for missing persons, the Karnataka High Court has issued a comprehensive set of guidelines and mandated the formation of a high-level police committee to review all cases that remain unsolved for more than two months. The decision came during the hearing of a habeas corpus petition filed by a father whose daughter has been missing since December 2023.

A Division Bench comprising Hon'ble Mr Justice S G Pandit and Hon'ble Mr Justice C.M. Poonacha used the distressing case to address systemic gaps in tracing missing individuals, laying down a new Standard Operating Procedure (SOP) for the state police.

The Case in Brief

The Court was hearing a writ petition filed by Ramakrishna S/o Subray Bhat, whose daughter, an accountant in Hubli, went missing on December 21, 2023. Despite lodging a police complaint and subsequent police efforts detailed in multiple status reports, she remains untraced. The prolonged and unsuccessful search prompted the petitioner's counsel to request the court to formulate guidelines for such situations, leading to this landmark order.

Court's Analysis of Existing Procedures

The Bench undertook an exhaustive review of existing legal frameworks, including decades-old Standing Orders of the Karnataka Police, circulars from the Director General of Police (DGP), and advisories from the Union Ministry of Home Affairs. The court also cited key judicial precedents, most notably the Supreme Court's directives in the Bachpan Bachao Andolan v. Union of India case, which mandated the registration of an FIR with an initial presumption of abduction or trafficking in cases of missing children.

The judgment noted that despite numerous SOPs and judicial orders, there was a need for a more robust, technology-driven, and accountable system to handle the "extremely worrying" situation of untraced persons.

Key Directives for a New Investigative Framework

Recognizing the need for immediate and structured action, the Court issued a series of binding directions for the police and the State Government. The key mandates include:

• Mandatory and Immediate Registration: Police cannot turn away any complainant or refuse to register a case on jurisdictional grounds. The information must be transmitted to the relevant Anti-Human Trafficking Unit (AHTU).
• Forensic Evidence: Police must secure forensic samples (like DNA) from family members immediately to aid in future identification if mortal remains are found.
• Rapid Information Dissemination: Details of the missing person, including a photograph, must be circulated electronically to beat police, mobile units, and various state and national portals like 'Mission Vatsalya' within 24 hours.
• Wide Publicity: Information must be published in daily newspapers and broadcast on audio-visual news networks, subject to the family's consent.
• Inter-State Coordination: The Investigating Officer must report the matter to the state CID to explore potential inter-state ramifications.

Formation of a High-Level Review Committee

The most significant aspect of the judgment is the establishment of a mandatory review committee for cases where a person has not been traced for over two months. The committee will consist of: 1. The Inspector General of Police (IGP) of the particular Range. 2. The Superintendent of Police (SP) of the concerned District. 3. The Deputy Superintendent of Police (DySP) of the jurisdictional Police Station.

This committee is tasked with reviewing the investigation, overseeing further steps, and ensuring compliance with all legal guidelines. Crucially, it must submit a report to the High Court's Registrar (Judicial), who will then place the matter back before the Court for further orders.

The Court underscored the accountability of law enforcement, stating, "The State Government, in the said circular / notification shall also mandate compliance of the same by the police authorities... by stipulating that if the police authorities do not follow the directions, the concerned officer/s shall be liable to face appropriate disciplinary proceedings."

Final Decision and Implications

The Court has directed the State Government to issue a comprehensive circular incorporating these new guidelines, along with best practices from other states like Delhi, within a stipulated timeframe. The government must also file a compliance affidavit detailing the status of AHTUs, staffing patterns, and the formal constitution of the review committee.

The case has been adjourned to October 15, 2025 , by which time the police must submit a fresh status report in compliance with the new directives. This judgment sets a new precedent in Karnataka for handling missing person cases, shifting the focus towards a more proactive, supervised, and accountable investigative process.