- (1.) THE application (IA No.6530/2012) seeking exemption from the personal presence of the Director General of Police is rendered redundant and is rejected as such as Mr. Harish Chandra Meena, Director General of Police is present in person.
(2.) THE Director General of Police is in attendance in this case as required by the order dated 17.04.2012 wherein this Court noticed the background aspects that the wife and daughter of the present petitioner are said to be missing since 17.08.2011 and in that regard, a complaint had been made levelling specific allegation against the respondent No.5 of abduction; and the Court found it to be rather strange that the investigating agency was not having any definite clue about the respondent No.5 yet. It was observed that a citizen of this State demands for expeditious, objective and fair action in every case where he suffers agony and any failure on the part of the State only leads to inference about inefficacy. THE Court, after finding that the investigating agency was not acting with required pace, yet granted one more opportunity to the respondents to produce the missing persons on or before 01.05.2012 and ordered that in the event of failure, theDirector General of Police would remain present before the Court. Mr. Meena, the Director General of Police has informed that so far the present matter is concerned, serious efforts are being made and the search teams have already been sent to such places where any indication of the location of the missing persons could be noticed. The Government Counsel has also placed on record the progress report as sent by the Dy. Superintendent of Police, Balotra on 30.04.2012. Mr. Anand Purohit, the Addl. Advocate General appearing in the matter submits that serious and sincere efforts are already on and on instructions, states assurance that on or before the next date in this matter, the missing persons would be produced before the Court. Though reluctantly, we grant yet another opportunity to the respondents to produce the missing persons before the Court on or before 29.05.2012.
(3.) DURING the course of consideration of the matter, on our questioning, with reference to the observations as made in this case and so also in several other cases, about the shortcomings in the system leading to inefficacy, particularly in regard to searching of the missing persons, Mr. Meena, the Director General of Police informes that the Government has attended on the issues relating to the matters of Civil Rights of citizens, more particularly those pertaining to Human Rights, Women, Children, and Persons of Weaker Sections and that includes Missing Persons too; and about 10 days back, a new Cell headed by the Addl. Director General of Police (Civil Rights) has been created particularly to attend on such cases. While it could be appreciated that the State Government has realized the need of creating such Cell to attend on these nature cases directly involving human rights, the question would definitely remain of sensitization of the personnel therein and creation of such efficiency that result in efficacy to the extent that a citizen could reasonably repose faith in. The Director General of Police shall place before the Court the structure of such Cell and the instructions on its functioning as might have been issued. The said Addl. Director General of Police (Civil Rights) shall remain present before the Court on 29.05.2012 with all the plans relating to the functioning of this new Cell irrespective of whether the missing persons relating to this matter are produced before the Court or not. It is however, made clear that if the respondents are able to trace the missing persons before the next date, they would be free to produce them whenever traced and to make a mention about taking up of the matter; else, list this matter on 29.05.2012. ;