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CDJ 2026 SC 453
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| Court : Supreme Court of India |
| Case No : Petition(s) for Special Leave to Appeal (Crl.) No(s). 11263 of 2025 |
| Judges: THE HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH & THE HONOURABLE MR. JUSTICE R. MAHADEVAN |
| Parties : G. Ganesh Versus State of Tamil Nadu & Others |
| Appearing Advocates : For the Petitioners: Arvind Srevatsa, S. Santanam Swaminadhan, Aarthi Rajan, AOR, Abhilasha Shrawat, Kartik Malhotra, Amar Kumar, Advocates. For the Respondents: S.D Sanjay, Ld. ASG, Divyam Aggarwal, Khushal Kolwar, Sabarish Subramanian, AOR, Vishnu Unnikrishnan, K.S. Badhrinathan, Jahnavi Taneja, Veshal Tyagi, Arpitha Anna Mathew, Guntur Pramod Kumar, AOR, Dhruv Yadav, Sameer Abhyankar, AOR, Aryan Srivastava, Krishna Rastogi, Parth Awasthi, Pashupati Nath Razdan, Shuvodeep Roy, AOR, Saurabh Tripathi, Deepayan Dutta, Advocate, Disha Singh, AOR, Eliza Bar, Akansha, Anjali Saxena, Ankit Roy, AOR, Mrinalini Ramesh, Manish Kumar, AOR, Divyansh Mishra, Kumar Saurav, Subodh S. Patil, AOR, Anukirat Singh, Sankalp Malik, Ayush Panwar, Annanaya Khare, Neelam Singh, AOR, Bhupender Yadav, Harpreet Singh Ruprah, Rajiv Shankar Dwivedi, Pallavi Langar, AOR, Sujeet Kumar Chaubey, Naveen Sharma, AOR, Swati Bhushan Sharma, S.K. Sharma, Payal Gola, Avijit Mani Tripathi, AOR, T.K. Nayak, Harshad V. Hameed, AOR, Dileep Poolakkot, Ashly Harshad, Mahabir Singh, Dr. Arunender Thakur, Anshul Saharan, Pukhrambam Ramesh Kumar, AOR, Karun Sharma, Anupama Ngangom, Rajkumari Divyasana, K. Enatoli Sema, AOR, Amit Kumar Singh, Chubalemla Chang, Prang Newmai, Yanmi Phazang, Rajat Hhardwaj, A.A.G., Karan Sharma, AOR, Shiv Mangal Sharma, A.A.G., Nidhi Jaswal, AOR, Devina Sehgal, AOR, Yatharth Kansal, Ruchira Goel, AOR, Ritika Rao, Sharanya, Sudarshan Singh Rawat, AOR, Sakshi Singh Rawat, Sunny Sachin Rawath, Av., Vikas Negi, Vinayak Sharma, Swati Ghildiyal, AOR, Apoorva Anand, Shraddha Chirania, Kunal Mimani, AOR, Prashant Alai, Abhinav Rana, Mukesh Kr. Verma, Indira Bhakar, Shashwat Parihar, Bhuvan Kapoor, Varun Chugh, Santosh Ramdurg, Yogesh Vats, Mukesh Kumar Verma, Shreekant Neelappa Terdal, AOR, Aravindh S., AOR, Anika Bansal, S. Santhosh, Bharath S, H.S. Phoolka, Sr. Advocate, Bhuwan Ribhu, Rachna Tyagi, Prabhsahay Kaur, Saksham Maheshwari, AOR, Shashi, Taruna Panwar, Surpreet Kaur, Kartik Goyal, Advocates. |
| Date of Judgment : 19-03-2026 |
| Head Note :- |
Subject
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| Summary :- |
1. Statutes / Acts / Rules / Orders Mentioned:
- order of this Court dated 16.01.2026
2. Catch Words:
human trafficking, child trafficking, SOP, affidavit, contempt, standard operating procedure, investigation, time‑bound
3. Summary:
The Court, hearing counsel, accepts the assistance of Mr. H.S. Phoolka in I.A. No. 72070/2026 concerning human trafficking. Notices were served on the Union, States and Union Territories, but several have not appeared; the ASG, Mr. S.D. Sanjay, accepts notice on behalf of the Union. Directors General of Police are ordered to file personal affidavits by 16‑04‑2026 or appear in Court, failing which contempt proceedings may ensue. The Union, States and UTs must submit detailed affidavits on practical police procedures for trafficking cases and, within a month, forward recommendations to the ASG. A core Committee headed by Mr. S.D. Sanjay is constituted to draft a pan‑India SOP, with logistical and financial support from the Ministry of Home Affairs. The Committee may approach the Court for further directions, and the matter is listed for hearing on 21‑04‑2026.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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Heard learned counsel for the parties.
2. At the outset, Mr. H.S. Phoolka, learned Senior Counsel submits that he had the occasion to assist the Delhi High Court in a PIL regarding human trafficking and pursuant to that certain guidelines were issued by the State of Delhi of the manner in which the police is supposed to act in a fixed time-bound manner. He submits that he has filed a petition for impleading him in the present proceeding to assist the Court being I.A. No. 72070/2026. We appreciate the gesture of Mr. H.S. Phoolka and the Court would also take his assistance in the matter.
3. Though notices have been served along with copy of the order of this Court dated 16.01.2026 on all the parties who were impleaded i.e., the Union of India, the States and the Union Territories, but nobody has entered appearance on behalf of the Union of India, the States of Haryana, Mizoram, Kerala, Orissa and Maharashtra.
4. However, at this juncture, as nobody has appeared on behalf of the Union of India, Mr. S.D. Sanjay, learned ASG at the request of the Court, accepts notice on behalf of the Union of India.
5. Accordingly, personally affirmed affidavit be filed, latest by 16.04.2026, by all the Directors General of Police of the aforesaid States who have not entered appearance to explain the circumstances under which they have chosen not to appear despite notice being issued and duly served to them, failing which they shall be personally present before this Court. We make it clear that if no such affidavit is filed by them till 16.04.2026, no excuse for their non-appearance shall be acceptable. However, under genuine difficulty and for bona fide reasons, not only application seeking exemption has to be filed, but order on the said application shall also be required to be obtained on the said application, prior to the next date fixed in the case. We make it clear that failure to do so may lead to this Court issuing notice for contempt against them.
6. The Union of India, the States and the Union Territories are directed to file a detailed affidavit with regard to what standard procedure, according to them, should be adopted in such matters. We indicate that the Court 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 under whose jurisdiction the incident occurs.
7. The Court will indicate that in such matters of human trafficking, including child trafficking, time is of the greatest importance and, thus, whatever guidelines are required/suggestions made, should be after factoring the time frame of the action which the police is required to take immediately upon receipt of a complaint relating to missing of a person. The Delhi Government instructions may also be looked into by the Union, rest of the States and the Union Territories.
8. Let the Home Secretary, Union of India; the Home Secretaries and the Directors General of Police of the States and the Union Territories, hold a discussion with all the stakeholders who are specifically dealing with issues of human trafficking within their jurisdiction, and come up with specific proposals/suggestions.
9. We request the States and the Union Territories to hold such exercise within one month and forward their recommendations to Mr. S.D. Sanjay, learned ASG who shall then get an exercise conducted under the aegis of the Union Home Ministry and the same shall be deliberated to come up with a Standard Operating Procedure (SOP) to be implemented pan-India.
10. We reiterate, at the cost of repetition, that the exercise initially shall be limited to the very basic issue of investigation not only being initiated but seriously pursued immediately upon a report received relating to any missing person, more so in the background that till the person is not finally located, the case shall be kept alive not just on paper, but actually on the ground also.
11. We further direct that other specialised agencies working in the field of human trafficking, shall be also asked to join in the exercise and their views and inputs taken, so as to come up with a workable and effective formula. For the purposes of finally coming up with a common SOP, for the present, we constitute a Committee of Mr. P.M. Nair, Former IPS Officer and DG, NDRF, Government of India and Mr. Veerendra Kumar Mishra, IPS, Director, Ministry of Home Affairs, Government of India and Mr. S. D. Sanjay, learned ASG as the core group for the exercise, as indicated and visualized in this order. Mr. S.D. Sanjay, learned ASG shall be the Convenor of the Committee and Coordinator for the exercise. The Court shall decide with regard to nominating more persons to the Committee on the next date.
12. The Union of India, the States and the Union Territories shall take guidance from and involve the Committee at every stage in the exercise which they are required to undertake.
13. In view of the urgency and graveness of the issue and to set the process into motion immediately, Mr. S.D. Sanjay, learned ASG is requested to get in touch with the officers nominated aforesaid.
14. We are informed that there is a SOP of the year 2016 of the Union of India with regard to action to be taken in such cases. It goes without saying that the said SOP would be revisited in terms of the exercise directed in this order. The Home Secretaries of the Union as well as the State Governments and the Union Territories shall involve their Directors General of Police, who are directly responsible and also other agencies which may be involved with issue of human trafficking, before finalizing their recommendation/report.
15. It is made clear that if any other person(s)/authority(ies), including official/private/or otherwise, are required to assist/cooperate with the Committee for effective completion of the exercise directed in this order at the Union, States and Union Territories level, they are directed to do so, with promptitude.
16. For the purposes of logistics etc., Ministry of Home Affairs, Union of India, shall provide all such required support to the Committee, as may be communicated through Mr. S.D. Sanjay, learned ASG, including proper and sufficient office space, secretarial staff etc. It shall also take care of the expenses incurred by the Committee Members for the purposes of the exercise which they are to undertake in terms of this order, including attending meetings/conferences convened for this purpose. It is also made clear that all work done or time spent by the Committee Members shall be treated to be official duty. The Ministry of Home Affairs shall arrange for or reimburse, as per their desire, all the Committee Members with regard to their traveling, boarding and lodging expenses.
17. The Secretary, Ministry of Home Affairs, Union of India shall also assign two Nodal Officers to coordinate with Mr. S.D Sanjay, learned ASG to assist him and facilitate the exercise as indicated in this order. He shall also ensure that all the Committee members are provided adequate security, keeping in mind the position and capacity of the players who may be involved in human trafficking.
18. It shall be open for the Committee to move this Court whenever it requires any clarification/further directions for completing the exercise entrusted to it, irrespective of the date(s) fixed in the matter.
19. List on 21.04.2026 at 2 P.M. as part-heard.
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