Immediate FIR mandatory for missing adults too: Supreme Court clarifies order, warns States of contempt

The Supreme Court has clarified that its direction requiring immediate registration of first information reports (FIRs) on receiving information about a missing person applies to adults as well as children, irrespective of age or gender. [G Ganesh v. State of Tamil Nadu & Ors]

In an order passed on August 5, a Bench of Justices Ahsanuddin Amanullah and R Mahadevan expressed shock that some States had understood the expression "person" in its earlier order to refer only to children.

"We find this to be a deliberate and mala fide bogey raised by such States. The language of our earlier order is clear and unambiguous. The expression 'person' means every person, irrespective of age or gender," the Court said.

The Bench was referring to its May 22 order directing States to register an FIR upon receiving information regarding any missing person.

It warned that if any State or Union Territory (UT) has failed to comply with the direction in its true letter and spirit, a contempt notice would be issued to the concerned Chief Secretary and Director General of Police (DGP). The Court said that the officials would also be required to remain personally present before it.

The Bench further noted that the concerned States and UTs that had failed to file affidavits containing updated status reports and details of action taken pursuant to its May 22 directions were prima facie in contempt.

It thus ordered contempt notices to their Chief Secretaries and DGPs and directed them to remain personally present and explain why contempt proceedings should not be initiated against them.

The case arose from a plea filed by one G Ganesh after his minor daughter went missing from Chennai in 2011. Although an FIR was registered and the matter was investigated by multiple agencies, the child remained untraced and the police eventually closed the case as undetectable.

After the Madras High Court declined to interfere with the closure report, the matter eventually reached the Supreme Court.

Troubled by the systemic issues emerging from the case, the Court expanded the proceedings suo motu to examine the larger issue of missing children and child trafficking across the country. On May 22, the Court issued a slew of nationwide directions to strengthen mechanisms for tracing missing persons and tackling child trafficking.

In its August 5 order, the Court noted that the UT of Ladakh had not filed any response. It directed Ladakh's Chief Secretary and DGP to file personally affirmed affidavits explaining why appropriate action should not be taken against them for such non-compliance.

The Bench was also told that two zonal consultation meetings had already been held and that the third was scheduled for August 8. 3 more meetings were proposed thereafter. The Court further directed that the exercise to integrate all relevant portals across the country be completed within 6 weeks.

Additional Solicitor General (ASG) Archana Pathak Dave was asked to communicate the Court's concern in this regard to the concerned agencies.

The committee assisting the Court is headed by Senior Advocate Mukta Gupta, with Senior Advocate SD Sanjay serving as Convenor/Coordinator.

Sanjay, who is now the Advocate General for Bihar, has been requested to continue in that role. ASG Dave has also been made a member of the committee to represent the Union government.

The matter will be heard next on October 5.

[Read Order]