SC warns of contempt for non‑response on nationwide SOP for missing persons

Supreme Court Takes Stern Action on Human Trafficking and Missing Persons Cases
SC warns of contempt for non‑response on nationwide SOP for missing persons

New Delhi, March 30 (IANS) The Supreme Court has pulled up several states and authorities for failing to respond in a matter concerning human trafficking and missing persons, warning of contempt action, as it directed the formulation of a nationwide Standard Operating Procedure (SOP).

In its order, a Bench of Justices Ahsanuddin Amanullah and R. Mahadevan recorded that despite service of notice, no one had entered an appearance on behalf of the Union of India and several states, including Haryana, Mizoram, Kerala, Odisha, and Maharashtra.

Taking serious note of the lapse, the apex court directed that Directors General of Police (DGPs) of the defaulting states file personally affirmed affidavits by April 16 explaining their non-appearance.

"Personally affirmed affidavit be filed, latest by 16.04.2026, by all the Directors General of Police of the aforesaid States....failing which they shall be personally present before this Court," it ordered.

The Justice Amanullah-led Bench made it clear that non-compliance would invite stringent consequences, observing: "If no such affidavit is filed by them till 16.04.2026, no excuse for their non-appearance shall be acceptable", and cautioned that failure may lead to issuance of contempt notices.

Emphasising the need for a uniform and effective response mechanism, the top court directed the Union of India, states and Union Territories to submit detailed affidavits outlining procedures to be followed in such cases.

It clarified that it was not seeking theoretical frameworks but actionable solutions, stating that it is "not interested in any hypothetical or academic formula, but rather a practical strategy/approach which can be implemented/put into place right away at the local Police Station level”.

Highlighting the time-sensitive nature of such cases, the bench said: "In such matters of human trafficking, including child trafficking, time is of the greatest importance", and stressed that guidelines must factor in immediate police response upon receiving a missing person complaint.

"Till the person is not finally located, the case shall be kept alive not just on paper, but actually on the ground also," the order said.

To streamline the process, the apex court asked the Union Home Secretary, along with their counterparts in states and UTs, and the Directors General of Police, to hold consultations with all stakeholders and submit concrete suggestions within a month.

These recommendations will be consolidated under the aegis of the Union Home Ministry to formulate a pan-India SOP.

The top court also directed that existing guidelines, including the Union government’s 2016 SOP, be revisited in light of the present exercise. It also constituted a core committee comprising former IPS officer P.M. Nair, MHA Director Veerendra Kumar Mishra, and Additional Solicitor General S.D. Sanjay, who will act as Convenor and Coordinator for the exercise.

It also directed that specialised anti-trafficking agencies should also be involved to ensure that the final SOP is "workable and effective".

Further, the Ministry of Home Affairs has been tasked with providing logistical and administrative support to the committee, including office space, staff, and security arrangements. The matter has been posted for further hearing on April 21.

--IANS

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