AIIMS report shows girl rescued by Delhi Police is minor, says SC

New Delhi: The Supreme Court Tuesday said that a girl, who went missing from Gorakhpur in Uttar Pradesh in July and was later recovered by the Delhi Police earlier this month, and "still a minor" as per the report of age determination received from the All India Institute of Medical Sciences, New Delhi. The SC was informed by the counsel appearing for the Delhi Police that as per the medical report, the girl is not pregnant.

A bench headed by Justice A M Khanwilkar took note of the submissions of senior advocate K V Viswanathan, who was earlier nominated by the top court to appear for the girl as she was not represented before it through a counsel, regarding compliance of guidelines and standard operating procedure (SoP) for dealing with cases of missing children which were issued by the Ministry of Women and Child Development in 2016.

Viswanathan told the bench, also comprising justices Dinesh Maheshwari and C T Ravikumar, that there are several guidelines and protocols in place in this regard and the Uttar Pradesh government and Delhi government should be asked about it.

The bench said Viswanathan has made "valuable suggestions" in the note and compilation submitted by him and these may be considered as future guidelines to the concerned states and can also be of general nature which can be followed by other states and Union Territories.

It asked the states of Uttar Pradesh and Delhi to submit their responses with regard to action taken in reference to the SoP published by the Ministry of Women and Child Development in November 2016.

"The response regarding action taken report and compliances of the requisite mandatory steps be placed on record by the two respondent states (Uttar Pradesh and Delhi). Depending on the responses, the court may consider passing further directions as may be necessary," it said.

"We have heard counsel for the parties and perused the report regarding age determination received from the AIIMS which indicates that the girl in question is still a minor," the bench said in its order, adding that the girl is presently staying here.

The bench said that the ministry be impleaded as a party in the matter as its presence may be appropriate for issuing further directions, as may be necessary.

The apex court, while posting the matter for further hearing on October 20, said that Delhi Police would continue the investigation in the case and take it to the logical end.