Girl missing from UP: SC unhappy over probe, says investigation report be shared with Delhi Police

The apex court warned the Uttar Pradesh Police that the case may be handed over to the CBI if it failed to trace the minor

The Supreme Court Wednesday pulled up the Uttar Pradesh Police for its probe into a case of a 13-year-old missing girl and directed it to forthwith share the investigation report with Delhi Police so that the minor could be traced.

The apex court also warned the Uttar Pradesh Police that the case may be handed over to the CBI if it failed to trace the minor, who has been missing since July 8.

The top court, which termed the case as "a very sensitive matter," also said that “the time factor is equally important" and every minute is “precious”.

It was hearing a plea filed by the mother of the girl seeking directions to the Uttar Pradesh Police and the Delhi Police to trace her minor daughter.

The mother, who works as a domestic help in Delhi, has claimed in her petition that her daughter is believed to have been kidnapped from Gorakhpur by a man when her family members had gone there to attend a marriage ceremony.

An FIR was registered in the case at Gorakhpur.

"You (Uttar Pradesh Police) share the entire information with Delhi Police. We will ask them to do the needful. You share your investigation report with Delhi Police by tomorrow. We are directing you,” a bench headed by Justice A M Khanwilkar told the counsel appearing for state of Uttar Pradesh.

“We direct the police officers of the Gorakhpur Police Station to forthwith share the entire investigation record to the in-charge of the Malviya Nagar Police Station, New Delhi, by tomorrow, i.e. September 2, 2021,” the bench, also comprising justices Hrishikesh Roy and C T Ravikumar, said in its order.

The top court made clear that its direction is "not absolving" the police officers of Uttar Pradesh from continuing with the investigation in the matter in coordination with Delhi Police and extend full cooperation, as and when required.

During the hearing, the counsel representing Uttar Pradesh told the bench that police is trying to trace the girl and they also have the call detail records.

The counsel said the police be given two more weeks as the case involves investigation in Uttar Pradesh and Delhi and they have also received information that the girl might be in West Bengal.

“The time factor is equally important. We may transfer it to the CBI if you are unable to do it. The incident is of July. We have entered in September. If you have the details, why you will take time,” the bench asked during the hearing.

The top court said the police will have to investigate the matter and find out the details.

“In this case, every hour, every minute is precious. You are not showing the anxiety that is expected in a matter like this. It is a very sensitive matter,” the bench observed.

“Where is the question of two weeks,” it said, adding, “You have the call details and yet you have not moved into action. We are surprised.”

The top court directed the Uttar Pradesh Police to share the entire investigation report with the Delhi Police by Thursday.

“We also direct the Commissioner of Police, Delhi to ensure that prompt further investigation, as may be necessary, is directed in tracing out the missing girl and report compliance at the earliest,” said the bench and posting the matter for hearing on Friday.

It said copy of its order be forthwith forwarded to the Commissioner of Delhi Police and Superintendent of Police of Gorakhpur district through e-mail for information and necessary action.

The top court had on August 27 issued notice on the petition and posted it for hearing today.

In her petition filed through advocate Pai Amit, the girl’s mother has sought directions for carrying out investigation into the disappearance and kidnapping of her daughter and take appropriate action against those who may be found involved in this.

The habeas corpus petition, which has sought to produce the girl before the court, has alleged that despite an FIR being lodged at Gorakhpur and an attempt being made to make a complaint with the Delhi Police, no action has been taken to trace the minor.

It said the man, who is suspected to have kidnapped the girl, was constantly luring and coaxing her to accompany him.

She claimed after an FIR was registered in Gorakhpur, she returned to Delhi and approached a police station where she had complained regarding the man on a previous occasion but the police refused to register or take steps towards recording her complaint with respect to kidnapping of her daughter on the grounds that a prior FIR has already been lodged in Uttar Pradesh.