Sikkim High Court Issues Directions To Trace Out Missing Children In The State

The Court recorded that the concerned State authorities have apparently complied with the directions insofar as installation of CCTV cameras, in the Police Stations and also in the Check-Posts within the State of Sikkim, is concerned. However, the Court stressed that the main issue with regard to tracing out the missing children is yet to be accomplished.

Mr. Sudesh Joshi, Additional Advocate General informed the Court that there are at present thirteen (13) missing children and the concerned State authorities are taking steps to trace them out. He submitted that this is an ongoing process and it may take some time.

Mr. Tashi Rapten Barfungpa, the Amicus Curiae submitted that the concerned authority of the State is required to furnish quarterly reports to the State Legal Services Authority of Sikkim in compliance with the directions of the Supreme Court.

Having consideration for the facts and circumstances of the case, the Court disposed of the PIL issuing the following directions:

• The concerned authority/authorities of the State shall trace out the thirteen (13) missing children as expeditiously as possible and positively within a reasonable timeframe;
• The concerned authority/authorities of the State shall file quarterly reports with the office of the State Legal Services Authority of Sikkim with regard to the status of investigation regarding the thirteen (13) missing children and the steps being taken in order to trace them out. Apart from this, the quarterly reports shall also give full details of any incident of any child going missing in the days to come for which immediate action shall be initiated by the concerned State authority/authorities in accordance with law. We make it clear that even if the missing children are traced, that should not be the culmination of investigation. The process of finding out as to why they actually went missing shall continue till the concerned authority of the State is clearly able to establish the actual reason thereof.
• At any time, in future, if the learned Amicus Curiae is of the opinion that this Court's jurisdiction in respect of missing children is required to be invoked again, he is at liberty to do so.

Case Title: In Re-Missing Children

Case No.: WP (PIL) No. 01/2017

Judgment Dated: 07 April 2022

Coram: Chief Justice Biswanath Somadder and Justice Meenakshi Madan Rai

Authored By: Chief Justice Biswanath Somadder

Citation: 2022 LiveLaw (Sik) 2