HIGH COURT OF JUDICATURE AT ALLAHABAD

Some Relevant part of order passed in CRIMINAL MISC. WRIT PETITION No. 15630 of 2006 Vishnu Dayal Sharma Vs. State Of U.P. & Others

for PUBLIC DISPLAY SYSTEM (a project of National Missing Cell)

 

Order Dated 17.07.2007
Coram : Hon'ble Amar Saran, J.
            Hon'ble R.N. Misra, J.

In sharp contrast to this apathy of the State and Central Governments on this point a public spirited lawyer Sri Jagriti Singh has himself come forward and moved an application that a social organisation GCS (General Collaboration Services) Varanasi with which he appears to be connected has already developed a website http://www.missingfound.org which has been launched in public interest. It provides on line information/data of missing and untraced persons for free use by the persons connected with the missing persons and the State authorities. We direct the State to take a lesson from this public spirited lawyer and his organization, and even to utilize the services of this organization if it is found feasible, until the bureaucratic rigmarole of setting up the State's website is sorted out.

 

Order Dated 18.09.2007
Coram : Hon'ble Amar Saran, J.
            Hon'ble R.N. Misra, J.

One affidavit has also been filed by Sri Jagriti Singh, Advocate in person who is a public spirited lawyer associated with an organization which has set up a website for missing children and the said association has even offered services free of cost to the State. The police appears to be procrastinating in the matter and seems to be caught up in endless financial or other negotiations with the U.P. Electronics Corpn. Ltd. Lucknow and is simply exchanging letters for setting up such a website, the last being dated 13.9.07 to the M.D. of the Corporation. We think that Police Headquarters, should actively explore the possiblities of utilizing the web site set up by this intervenor Jagriti Singh's organization for posting information about missing children and submit a report on this aspect on the next date of listing. Another good suggestion made by the intervenor was that they have developed a technology for a Public Display or Public Info System for putting up information about missing children on screens in Railway Stations, Bus Stations and other public places. Sri Jagriti Singh should be approached and the efficacy and feasibility of this system should also be seriously evaluated by the concerned departments of the State and Central Governments. The said screens could also display pictures of wanted criminals or terrorists, or other important social issues and announcements.


Order Dated 16.11.2007
Coram : Hon'ble Amar Saran, J.
            Hon'ble R.N. Misra, J.

So far as the direction in our order dated 18.9.2007 for considering the feasibility of utilising the Web Site developed by the public spirited intervenor Sri Jagriti Singh is concerned, it was pointed out in this affidavit that the Police Departments have no control over the Web Site and it could not authenticate the information therein, hence the police department has decided to launch its own aforesaid Web Site. We hope that with the putting of the data on the Web Site, which also bears pictures of missing children, where ever they are available, it will be useful in tracing out missing children and also in maintaining records about them and for coordination and pooling of this information with other agencies and police in different states, so that the task of tracing out the missing children can be more effectively accomplished.

So far as the direction in our previous order dated 18.9.2007 for setting up public display or info systems on large screens in Railway Stations, Bus Stations and other important public places where information could be flashed about missing persons and also about other important subjects such as information on wanted criminals or terrorists or other important social issues and announcements, the affidavit filed today furnishes no information, nor does it contain any feasibility report of developing such a system or utilizing the system which the intervenor Sri Jagriti Singh, Advocate's organisation claims to have developed and which it is willing to share with the government. We hope that by the next date of listing the concerned authorities shall submit a report on this aspect.


Order Dated 28.03.2008
Coram : Hon'ble Amar Saran, J.
            Hon'ble Shiv Shanker, J.

We are happy to note that a High-Powered Committee was also constituted consisting of Dy. Director, Traffic, SP, State Crime Record Bureau, SP, Railway, Lucknow, SP (Crime), DGP (Headquarters) and SP (Headquarters), Allahabad, which met on 28th and 31st January, 2008, and has resolved that for a public display of news relating to the missing children, television sets connected with internet facilities be installed in each district at railway stations, bus stations and other important public places to be identified by the district police chief. On the public display system, photographs of missing children would be displayed by slide show, which will go on from 5 am to 11 pm daily, with the help of UP Electronics and for this purpose in UP 300 TV monitors are required in 70 districts. As we have mentioned in our earlier orders that other useful information relating to social issues, or about the identity or photographs of criminals or terrorists etc. could also be flashed on these public display systems to elicit the support of the general public in these matters, these systems will give multiple benefits.
An amount totalling Rs. 16,79,28,000 has been estimated to be required for this purpose. In case the concerned department in the State government considers it difficult to release the amount sought, or it is of the opinion that this estimate is on the higher side, the Committee could consider ways and means for reducing the amount as far as possible, perhaps by recommending normal TV monitors instead of Plasma TV if that is considered feasible by the committee. That however is entirely a matter for the committee to consider as the Court is not an expert on these issues. So far as the recurrent expenditure was concerned, we think that part of it could be borne/recovered by permitting advertisements on the said public display systems, if they are considered feasible.

 

Order Dated 22.05.2008
Coram : Hon'ble Amar Saran, J.
            Hon'ble Shiv Shanker, J.

On the previous occasion, as noted in our order dated 28.3.2008, the State Government had pointed out that steps have been taken for setting up public display systems, but no further information about the setting up of public display systems has been mentioned in any of the affidavits filed on the present date of hearing.

Shri Jagriti Singh, an advocate and intervener, has however provided an Annexure to an application filed by him today, which indicates that the said public display systems could be prepared at a lower cost, than suggested in the government's earlier affidavit mentioned in the order dated 28.3.2008. The State Government may consider whether they could also reduce their costs of setting up the public display system on lines suggested by the intervenor Sri Jagriti Singh or consider the feasibility of handing over the task for preparation of the public display systems to the organization of the intervener in case there are cost impediments in setting up the public display system, and submit a progress report in the matter on the next date of listing.

16. The State Government is directed to submit on the next date of listing the progress report regarding setting up of public display systems showing missing children etc. in public places such as railways and bus stations etc. in each district, steps for setting up which were pointed out to us on the last date as noted in our order dated 28.3.08, and the State should could consider the feasibility of reducing costs as suggested by the intervenor Jagriti Singh, or alternatively for handing over the work to his organization, if cost factors are impeding the setting up of such public display systems.



Order Dated 08.08.2008
Coram : Hon'ble Amar Saran, J.
            Hon'ble Shiv Shanker, J.


Progress in setting up public display system

So far as direction No. 16 for submitting a progress report about setting up public display systems showing missing children in public places such as railways and bus stations etc. the Chairman of the Committee, I.G. Technical Services, Lucknow has approved the proposal and it is decided that at the initial stage display systems would be installed at Lucknow and Allahabad for trial purposes and after getting the report of the aforesaid trials, the display systems would be further extended to 300 places in U.P. The report of the I.G. Technical Services dated 4.7.2008 has been annexed as Annexure 6 to this affidavit. In pursuance of the aforesaid recommendation of the Committee, the Inspector General (Provisioning and Budget) has forwarded the aforesaid letter of request dated 29.7.08 to the Principal Secretary (Home) for the release of funds as early as possible. We hope the necessary steps shall be speedily taken by the Principal Secretary(Home) and soon we shall have such public display systems which as we have indicated in earlier orders are not only useful for communicating information about missing children, but also about other social problems, such as identities of terrorists or for giving information and issuing warnings to the public about matters of social concern. We would like a progress report on this issue on the next date of listing.



Order Dated 07.11.2008
Coram : Hon'ble Amar Saran, J.
            Hon'ble Shiv Shanker, J.


So far as the earlier directions of this Court in consonance with the earlier willingness of the State Government to set up a public display system, as pointed out in the affidavit on behalf of the DGP dated 8.8.08 we are pained to note that the State Government has not provided the funds even to start the public display system at the railway station and other public places even for the two districts, i.e. Lucknow and Allahabad. It is mentioned in paragraph 7 that initially in the meeting dated 29.9.2008, UPDESCO and UP Electronics Corporation Limited, Lucknow refused to take the work of installation and maintenance of the public display system and even the NCRB, New Delhi and NIC run by Union of India have shown similar unwillingness to do this work.

It is further mentioned that 5000 missing persons have been mentioned in the aforesaid website and if it takes about 10 second time to display this information, then the information would not be available for 12 hours.

We think that these are lame excuses. Police and the State Government are not coming out with the true reasons for going back from their commitments to set up public display systems on a priority basis which could help in tracing missing children and for communicating other relevant information about terrorists or other social problems. Information about recently missing children can always be flashed in the busier hours and in other hours photographs and information of persons missing from longer periods of time may be flashed. Computerised websites are still not accessible by the general public and they can only be an adjunct and not a substitute for public information about missing children, which may be flashed on the public display systems in the railway stations, bus stations etc. or which are displayed in newspapers or television or other mass media.

Also no affidavit has been filed by the Principal Secretary (Home) U.P., for giving the response of the State government to set up and fund setting up of such public display systems.

We would like the police department as well as the State Government (viz. the Principal Secretary, Home), U.P.) to come out with the real reasons for abandoning their earlier plans to set up the public display systems aforesaid on the next date of listing.

It is also mentioned in paragraph 8 of the affidavit that no approval by the Ministry of Railway, Union of India has been issued for setting up of public display systems in the railway station. On the next date, we would like a response from the Ministry of Railway through the Assistant Solicitor General of India as to the reasons for not giving consent for this apparently useful measure, which has been proposed by the Court and had earlier been supported by the State Government, which presently appears to be resiling from its earlier commitment to set up the public display systems.

 

Order Dated 30.01.2009
Coram : Hon'ble Amar Saran, J.
            Hon'ble Shiv Shanker, J.

NOT INSTALLING PUBLIC DISPLAY SYSTEM UNFORTUNATE
In another affidavit filed on behalf of DGP, UP, sworn by the Dy. SP, Police Headquarters, Allahabad, dated 15.1.2008, we find that some strange reasons have been given for not setting up the Public Display System. This affidavit mentions that the NGO, Don Bosco or any other NGO have not approached the State Government for establishing the Public Display System and that information of such children can always be obtained at the government homes where they are staying, or by looking at the internet wherever it is available. Electronic display systems are claimed to be too costly and that the State Government will be forced to post police personnel for their safety and they would be soft targets for agitating persons. Also UPDESCO, NIC and other public bodies have shown unwillingness for setting up this Public Display System. We are saddened by this response of the State Government, especially as in earlier affidavits of the Chairman of the Committee of IG (Technical Services), it has been stated that setting up of such Public Display Systems, at least in Lucknow and Allahabad, for trial purpose had been approved which were subsequently to be extended to 300 places in UP. The budget had even been forwarded to the Principal Secretary (Home), U.P. and we had pointed out in our orders dated 22.5.2008 and 8.8.2008 that such Public Display Systems were not only useful for communicating information and displaying pictures of missing children but also for giving information of other social problems such as furnishing information about terrorists or issuing warnings on matters of public concern. Also internet information is only available to a select few and is not usually accessed by the common man on the street who might have spotted a missing child whose photograph is flashed on the public display system at the railway station enabling him to render help and information to the authorities. It is unfortunate that the State Government and the police authorities have now resiled from their earlier commitment to set up such Public Display Systems and have abandoned a useful plan and we can only express our regret and disappointment at this development.

 

continue to MissingFound.org