Mohd. Abdullah v. State of NCT of Delhi

Delhi High Court · 10 Jan 2024 · 2024:DHC:250-DB

Suresh Kumar Kait; Manoj Jain

W.P.(CRL) 1493/2023

2024:DHC:250-DB

criminal petition_dismissed Significant

AI Summary

The Delhi High Court found no police lapse in a missing child case, mandated technological tracing measures, and issued contempt proceedings against WCD officials for non-compliance with security guard orders.

Full Text

W.P.(CRL) 1493/2023
HIGH COURT OF DELHI
Date of Decision: 10.01.2024.

W.P.(CRL) 1493/2023
MOHD. ABDULLAH ..... Petitioner
Through: Mr. Anwesh Madhukar, DHCLSC

WITH

Ms. Prachi Nirwan, Mr. Devesh Khangwal, Advocates.

VERSUS

STATE OF NCT OF DELHI ..... Respondent
Through: Mr. Sanjay Lao, Standing Counsel

WITH

Ms. Priyam Agarwal, Mr. Abhinav Kr.
Arya and Mr. Shivesh Kaushik, Advocates Mr. Saif Kham and Mr. Achuthan Shree Kumar, Advocate for Vivekanand
Ashram.
Mr. Yogita Gupta, Dy. Director of WCD.
Mr. M Harsha Vardhan, IPS, Dwarka. And Insp Pankaj
Kumar.
Mr. Ravi Kumar, DCP.
Mr. Rajesh Kumar, SHO.
ASI Kamlesh Ram.
Mr. Ravi Kumar Singh, DCP.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE MANOJ JAIN

JUDGMENT

(oral)

1. Pursuant to order dated 20.12.2023 the concerned authorities were directed to file affidavits. We have perused the same. The record pertaining to relevant Daily Diary Numbers has also been produced and shown. After perusal thereof, we notice that there was no lapse on the part of the police authorities.

2. We dispose of the present petition directing the respondent/State to file monthly report about the status of missing child before the concerned learned MM, with an advance copy of such status report to the petitioner.

3. Before parting, we also hereby direct the respondent/state to be vigilant and to take steps as per para 21 of judgement dated 07.12.2023 passed in W.P.(CRL) 2131/2023 Lamboder Jha vs Govt NCT of Delhi & Ors which are extracted as under and also steps mentioned in Annexure-1 of SOP for cases of missing children.:

“21 Face Recognition Application Software (FRS) is functional in Crime Branch of Delhi Police, which is integrated with the online application ZIPNET (Zonal Integrated Police Network) Missing Children Module. As and when the photograph of a missing child is uploaded, it automatically searches from the recovered /found (not connected) children data including the data of Ministry of Women & Child Development (MWCD) being uploaded on all-India basis on the website www.trackthemissingchild.gov.in. 10 should check the status of the missing child on this portal regularly, Similarly, as soon as photograph of a recovered found child is uploaded, search is done online automatically with the missing children data. Thus, all the missing/found children data (photograph) should be uploaded at first opportunity and probable results provided by the system should be obtained by the I.Os to link the missing child with the data of found child and vice-versa. Since the success of search through FRS greatly depends on the quality of the photograph, IOs must ensure that good quality photographs are uploaded on the ZIPNET.” Following steps shall be taken as Annexure 1 process to be followed upon receipt of a missing child complaint:

4. There is one related aspect of the case which cannot be lost sight of.

5. Vide order dated 20.12.2023 the Director, Department of Women and Child, GNCTD was directed to provide two security guards to the Vivekananda Ashram within a period of two days, so that such type of incident does not reoccur.

6. The Deputy Director is present in Court and categorically states that there is no budgetary provision and therefore, the guards could not be provided.

7. It is not in dispute that after passing the said order dated 20.12.2023 the said Deputy Director has not moved any application apprising the Court about any such problem. Thus, it amounts to the contempt of the Court.

8. Let a show cause notice be issued to Director/Deputy Director who shall file affidavits within one week from today as to why order dated 20.12.2023 has not been complied with. We, however, also give further three days’ time from today to them to comply with said order dated 20.12.2023. They shall also remain present in the Court on 18.01.2024.

9. Registry is directed to register separate case of contempt and list the same before us on said date.

10. We reiterate that W.P (CRL) 1493/2023 stands disposed of.

(SURESH KUMAR KAIT) JUDGE (MANOJ JAIN)

JUDGE JANUARY 10, 2024

Mohd. Abdullah v. State of NCT of Delhi

AI Summary

Full Text

JUDGMENT

Contact Us for a Free Consultation