Jharkhand High Court: While considering a writ petition under Article 226 of the Constitution, the Division Bench comprising Sujit Narayan Prasad and Arun Kumar Rai, JJ., observed that the five-year delay in constituting the Special Investigation Team (‘SIT’) after the lodging of the FIR reflected serious unconcern on the part of the police authorities. The Court emphasised that crimes of child trafficking cause devastating consequences for the physical, cognitive, and socio-emotional development of children. In this backdrop, the Court directed the Superintendent of Police (‘SP’) to explain the steps taken against the officer-in-charge of the concerned police station and further requested the Home Department to frame appropriate guidelines to regulate the entry of outsiders into the State who may be involved in human trafficking.
Background:
The case arose from the FIR instituted on 06-02-2020 regarding a missing minor child. However, the Special Investigation Team (SIT) was constituted only on 29-08-2025, after the filing of the present writ petition on 04-09-2025. The affidavit filed by the police administration did not explain why sincere efforts were not undertaken immediately after the FIR. Consequently, the Superintendent of Police was directed to appear physically with the case diary and progress report.
It was submitted that several SITs had been constituted and had moved outside the State, but no trace of the victim was found, although nine children were recovered in the process. The State counsel pointed out that a racket had been traced involving outsiders from different States who, under the garb of business, were engaged in criminal activities including human trafficking.
Analysis and Decision:
The Court emphasised that there was no explanation in the affidavit filed on behalf of the police administration as to why sincere efforts were not taken immediately after the FIR was lodged. The Court highlighted that the SIT was constituted only after the writ petition was filed, which showed unconcerned conduct. The Court observed how the police can be so unconcerned when the FIR was instituted by the mother of the missing female child, and instead of taking any sincere endeavour immediately, the SIT was constituted after a lapse of five years.
The Court noted that this crime has devastating consequences for the physical, cognitive, and socio-emotional development of children, who often suffer lifelong health issues, severe trauma-related disorders, anxiety, depression, difficulties in social integration, and are nearly twice as likely to suffer extreme violence from traffickers.
The Court highlighted that child trafficking undermines healthy societal structures and perpetuates cycles of poverty and exploitation, destroying childhood and trapping trafficked children in a cycle of violence and exploitation when they become parents themselves. It disrupts education and hinders community development. Addressing child trafficking is crucial for achieving broader social and economic stability and societal cohesion.
The Court was of the considered view that the State, through the Department of Home, must formulate appropriate guidelines to regulate the entry of outsiders into Jharkhand, particularly ensuring proper identification and permission from the concerned police station. The Court, therefore, requested the Secretary, Home Department, to appear through online mode on the next date of hearing with suggestions as to how the situation may be effectively addressed.
Accordingly, the Court dispensed with such appearance but directed that the head of the SIT shall remain present to apprise the Court of the progress made in tracing the victim. The Court therefore directed that the matter be listed on 27-01-2026 within the top five cases, ordered accordingly.
[Chandramuni Urain v. State of Jharkhand, W.P. (Cr) (DB) No. 628 of 2025, decided on 21-01-2026]
Advocates who appeared in this case:
For the Petitioner: Shashank Shekhar
For the State: Sachin Kumar, Srikant Swaroop
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