Kerala High Court appoints amicus curiae to recommend police protocol for missing minors

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Kasaragod: The Kerala High Court on Wednesday decided to treat the habeas corpus petition filed by a Kasaragod woman, whose 15-year-old daughter was found dead after being missing for 25 days, as a general writ petition.
The division bench of Justices Devan Ramachandran and M B Snehalatha appointed Adv Rajeev S as an amicus curiae to recommend a standard operating procedure (SOP) for law enforcement in cases of missing children and women.
The court strongly criticised the Kumbla police for their lack of urgency in tracing the Class X student after her mother, Prabhavathi B, filed a missing person report on February 12. Despite being aware that the girl and a 42-year-old taxi driver—known to the family—had disappeared together from Paivalige grama panchayat, the police failed to act promptly.
It was only after the mother approached the High Court with a habeas corpus petition that the police intensified their search. The girl and the man were subsequently found dead in a forested area less than 300 metres from her house.
On Wednesday, the Bench observed that in cases of missing minors, police should consider invoking the Protection of Children from Sexual Offences (POCSO) Act, said Adv P E Sajal, the counsel for Prabhavathi, a worker under the MNREGS. "There was an interim order. The court has asked the government to develop a framework for this," he said. In an interim order, the court suggested that the government consider amending the relevant laws if necessary, Adv Sajal said.
When the bench took up Prabhavathi's petition for the second time on March 10, it was informed that the girl and the man had been found dead the previous day. The court questioned whether the police would have taken 25 days to locate the child had she been the daughter of a VIP and called for the case diary.
On March 11, the court sought an explanation from the investigating officer as to why the POCSO Act had not been invoked, given that the girl had gone missing with an adult. Later, on March 18, the court rebuked the police for failing to investigate whether the girl had been murdered, instead of assuming her death to be a case of suicide.
The bench further indicated its intention to issue guidelines- based on existing circulars- to standardise police procedures in missing person cases, particularly those involving minors, with special emphasis on missing minor girls.