Mr. Tashi Rapten Barfungpa vs Mr. Sudesh Joshi
2022 Latest Caselaw 21 Sikkim

                                                                        COURT NO.1
                        HIGH COURT OF SIKKIM : GANGTOK
                               Record of Proceedings



                            WP (PIL) No. 01/2017

IN RE - MISSING CHILDREN

For Petitioner          :     Mr. Tashi Rapten Barfungpa, Amicus Curiae.
                              Mr. Hem Lall Manger, Advocate.

For Respondents no.     :     Mr.   Sudesh Joshi, Addl. Advocate General.
1 to 7                        Mr.   Thinlay Dorjee Bhutia, Govt. Advocate.
                              Mr.   Yadev Sharma, Govt. Advocate.
                              Mr.   Sujan Sunwar, Asst. Govt. Advocate.

                              Mr. Tenzing Loden Lepcha, Superintendent of
                              Police, Gangtok.
                              Ms. Dhan Maya Subba, Superintendent of Police,
                              ATHU.
                              Mr. Nordent Thapa, Superintendent of Police,
                              CID, PHQ.
                              Ms. Geeta Gazmer (Law Officer), Sikkim Police.

For Respondent no. 8    :     Mr. N. Rai, Sr. Advocate.
                              Ms. Tara Devi Chettri, Advocate.


Date: 07/04/2022

CORAM:
    HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
    HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
                             ...

JUDGMENT : (the Hon'ble, the Chief Justice)

On 22nd February, 2022, after hearing the learned advocates for the

parties, we passed an order inter alia directing the concerned State authorities,

through the learned Additional Advocate General, to complete the process of

installation of CCTV cameras in the remaining seven (7) Police Stations and

report compliance on the next date.

Today, when this matter is taken up for consideration, we have before us

a compliance report dated 4th April, 2022. For convenience, the relevant

paragraph, being paragraph 3 of the compliance report, is being setout

hereinbelow:-

"3. That in compliance to the aforesaid order it is submitted that the Closed Circuit Television (CCTV) Cameras have been installed in the remaining seven (7) Police Stations and with this completion, it is submitted that all the Police Stations and Check Post in Sikkim have been

COURT NO.1 HIGH COURT OF SIKKIM : GANGTOK Record of Proceedings

installed with Closed Circuit Television (CCTV) Cameras and are functional at present."

It, therefore, appears that the concerned State authorities have complied

with the directions of this Court insofar as installation of Closed Circuit

Television (CCTV) cameras in the Police Stations and also in the Check-Posts

within the State of Sikkim. However, the main issue with regard to tracing out

the missing children is yet to be accomplished. We are informed by the learned

Additional Advocate General that there are at present thirteen (13) missing

children and the concerned State authorities are taking steps to trace them out.

He submits that this is an ongoing process and it may take some time.

The learned Amicus - on the other hand - submits 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 Hon'ble

Supreme Court.

Considering the facts and circumstances of the instant case, we are of the

view that the instant Public Interest Litigation (PIL) can be disposed of with the

following directions:-

(i) 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;

(ii) 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

COURT NO.1 HIGH COURT OF SIKKIM : GANGTOK Record of Proceedings

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.

(iii) 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.

The writ petition stands disposed of accordingly.

            (Meenakshi Madan Rai)                          (Biswanath Somadder)
                   Judge                                        Chief Justice
jk/ds/ami