Court Transforms Individual Complaint into Public Interest Litigation Highlighting Systemic Flaws
In a significant ruling, the Allahabad High Court has castigated state authorities for their lethargic response in handling a missing person case, highlighting systemic deficiencies that impede timely action. The bench, comprising Justices Abdul Moin and Babita Rani, converted the matter into a Public Interest Litigation (PIL) titled "In re - Missing persons in the State," addressing broader concerns about the handling of missing person complaints in Uttar Pradesh.
The case originated from a petition filed by Vikrama Prasad, whose son went missing in July 2024. Despite lodging a missing person report promptly on July 17, 2024, the authorities took no substantial action until the petitioner approached the High Court in November 2025. The Court's intervention prompted the filing of an FIR in December 2025, under Section 137(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The judgment underscored the lack of urgency displayed by the authorities, criticizing their systemic failure to utilize available technologies and the loss of crucial evidence due to inadequate preservation policies. Notably, the Court expressed concern over the limited preservation period for CCTV footage, which is critical in tracing missing persons.
The Court directed that the matter be treated as a PIL, emphasizing the need for systemic improvements and urging authorities to act swiftly on missing person complaints. It highlighted the alarming data presented by the Additional Chief Secretary (Home), revealing over 1,08,300 missing person complaints since January 2024, with only 9,700 cases being actively addressed.
Justice Moin and Justice Rani's ruling calls for urgent reform in the handling of missing person cases, stressing that such delays are unacceptable in a welfare state. The case is set to be listed before an appropriate court in early February, with the petitioner permitted to respond to the affidavit filed by the Additional Chief Secretary.
Bottom Line:
Authorities must act with urgency in missing person cases, and delay in action reflects a lackadaisical attitude which goes against the principles of a welfare state.
Statutory provision(s): Section 137(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
Vikrama Prasad v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2848481
