* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL.) No. 82/2009 BACHPAN BACHAO ANDOLAN ..... Petitioner Through Mr. H.S. Phoolka, Sr. Advocate with Ms. Sunita Tiwari & Mr. Bhuwan Ribhu, Advocates. versus UNION OF INDIA & ORS. ..... Respondents Through Mr. Baldev Malik, Advocate for Union of India. Ms. Mukta Gupta, Standing Counsel for the State. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA O R D E R % 23.01.2009 Ms. Mukta Gupta, Standing Counsel, seeks permission to file status report. Permission is granted and status report is taken on record. In the status report it is stated that 23 minor girls, 4 minor boys and 9 major girls/women were rescued pursuant to search operations at Sheetal Enterprises, H-11, First Floor, Sakarpur, JJ Colony, New Delhi. In the status report it is stated that FIR No. 20/2009 under Section 406 of the Indian Penal Code has been recorded by the Police Station, Saraswati Vihar. It is also admitted that no one has been arrested. 2. Learned counsel for the petitioner has drawn our attention to joint publication of the Standard Operating Procedures by Government of India and United Nations in respect of investigation of crimes for trafficking in forced labour. The status report does not reveal compliance with the guidelines mentioned therein. It appears that the police officers concerned have not investigated and proceeded further with reference to the guidelines. Learned counsel for the petitioner has also drawn our attention to provisions of Sections 366A, 367, 370, 371, 372, 373 and 374 of the Indian Penal Code, 1860, Bonded Labour System Abolition Act, 1976, the Child Labour (Prohibition and Regulation) Act, 1986 and Sections 23 and 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000. It is stated that all the aforesaid Acts and Provisions are also applicable and the investigations or proceedings have proceeded on a wrong basis, without noticing the offences committed under the said enactments/Sections. 3. Our attention has also been drawn to the complaint made by Mr. Hem Bahadur on the basis of which action was taken by Bachpan Bachao Andolan and Delhi Commission for Women. In the said complaint, it is mentioned that Mr. Hem Bahadur’s sister, sister-in- law and two other friends were enticed to come to Delhi. It is further stated that Mr. Hem Bahadur has tried to get in touch with Mr. Ajay Thapa alias Ajay Singh on his mobile numbers to know the whereabouts of the said persons but Mr. Ajay Thapa avoided giving details and even gave wrong numbers. 4. Mr. Hem Bahadur, it is admitted by the learned counsel appearing for Delhi Police, is missing since 15th January, 2009. Learned counsel also admits that no effective steps have been taken to locate and find out whereabouts of Mr. Hem Bahadur. However, it is claimed that this is on account of non-availability of photograph and description of Mr. Hem Bahadur. 5. The approach and the explanation given by Delhi Police cannot be accepted. Serious allegations were made by Mr. Hem Bahadur in his complaint and it is the duty and responsibility of Delhi Police to further investigate and locate Mr. Hem Bahadur. Even with regard to the rescued children/women, the approach of Delhi Police has been completely lackadaisical. It is apparent that they have not realised the sensitivity and efforts which have to be made to stem crime relating to exploitation of children and females. Virtually no investigation has been done with reference to various provisions of the Indian Penal Code, 1960 and various other enactments mentioned above. The Standard Operating Procedures prescribed by the Government of India have been given complete go-bye. We are not satisfied with the status reports and steps taken by the Delhi Police. 6. We were inclined to summon Commissioner of Police, Delhi and ask him to personally give directions and oversee the investigation in the present case. However, learned counsel for the Delhi Police has prayed for one week’s time and states that effective and proper steps for investigation will be taken within this period while keeping in mind the Standing Operating Procedures. It is stated that the investigation will cover all aspects and provisions of Indian Penal Code and other enactments and action will be taken as per law. 7. In these circumstances, we are adjourning the matter to 28th January, 2009 at item No. 1 in the Supplementary List. Delhi Police will file status report on the said date. Copy of this order be given dasti to the learned counsel for the parties under signature of the Court Master. CHIEF JUSTICE SANJIV KHANNA, J. JANUARY 23, 2009 VKR