SUPREME COURT DIRECTS PAN-INDIA STANDARD OPERATING PROCEDURE ON HUMAN TRAFFICKING, CONSTITUTES CORE COMMITTEE, WARNS NON-APPEARING STATES OF CONTEMPT

G. Ganesh v. State of Tamil Nadu & Ors., SLP (Crl.) No. 11263/2025
The Supreme Court has directed the Union of India, all States and Union Territories to formulate a Standard Operating Procedure for police action in human trafficking and missing person cases, to be implemented uniformly across the country. A Bench of Justices Ahsanuddin Amanullah and R. Mahadevan passed the Order on 19 March 2026, while also recording its displeasure at the non-appearance of several States despite service of notice.
Background
The matter arises out of a Special Leave Petition filed against a Judgment and Order dated 5 March 2025 passed by the Madras High Court in a criminal revision case. The proceedings have since expanded beyond the individual Petitioner’s grievance, with the Union of India, various States, and Union Territories impleaded to address the systemic issue of police response in trafficking and missing person cases. The Court noted that notices along with a copy of its earlier Order dated 16 January 2026 had been served on all impleaded parties, yet no appearance had been entered on behalf of the Union of India or the States of Haryana, Mizoram, Kerala, Odisha and Maharashtra.
Directions on Non-Appearance
Taking a serious view of the absence of appearance, the Court directed that personally affirmed affidavits be filed by 16 April 2026 by the Directors General of Police of the non-appearing States, explaining the circumstances of their non-appearance despite due service of notice. It clarified that no excuse would be accepted after that date unless an application for exemption is filed and an Order obtained on it before the next hearing. The Court further clarified that failure to comply may result in initiation of contempt proceedings against the concerned officers and that personal presence before the Court would otherwise be required. At the Court’s request, the learned Additional Solicitor General, Mr. S.D. Sanjay, accepted notice on behalf of the Union of India.
Impleadment of Senior Counsel
The Court recorded the submission of Mr. H.S. Phoolka, Senior Advocate, who stated that he had earlier assisted the Delhi High Court in a public interest litigation on human trafficking, pursuant to which the State of Delhi had issued guidelines mandating time-bound police action. His application for impleadment, filed to assist the present proceedings, was allowed, with the Court noting it would take his assistance in the matter.
Directions for a Standard Operating Procedure
The core of the Order directs the Union, the States and the Union Territories to file detailed affidavits setting out the standard procedure that ought to be adopted in trafficking and missing person cases. The Court specified that it sought a practical, immediately implementable strategy at the level of the local police station having jurisdiction over the incident, rather than any hypothetical or academic formulation.
The Court emphasized that time is of paramount importance in matters of human trafficking, including child trafficking and directed that any guidelines or suggestions factor in the time frame within which police must act upon receiving a complaint of a missing person. It directed that the existing Delhi Government instructions on the subject be examined by the Union and the remaining States and Union Territories as a reference point.
The Home Secretary of the Union, along with the Home Secretaries and Directors General of Police of the States and Union Territories, were directed to hold consultations with stakeholders engaged in combating human trafficking within their respective jurisdictions and to formulate specific proposals. States and Union Territories were given one month to complete this exercise and forward recommendations to the ASG, who will coordinate a consolidated exercise under the Union Home Ministry to arrive at a pan-India SOP.
The Court reiterated that the immediate focus of the exercise is to ensure that investigation into missing person reports is not only initiated but actively pursued, with cases kept alive on the ground and not merely on paper, until the missing person is located.
Constitution of the Core Committee
To steer the process, the Court constituted a core committee comprising Mr. P.M. Nair, former IPS officer and former Director General of the National Disaster Response Force, Mr. Veerendra Kumar Mishra, IPS, Director in the Ministry of Home Affairs and Mr. S.D. Sanjay, learned ASG, who was designated Convenor and Coordinator of the exercise. The Court indicated that it would consider nominating additional members on the next date of hearing. All specialized agencies working in the field of human trafficking were directed to be involved and their inputs taken into account and the Union, States and Union Territories were directed to take guidance from the Committee at every stage.
The Order also records that a 2016 SOP already exists at the Union level for such cases, which is to be revisited as part of the present exercise, with Directors General of Police and relevant agencies to be involved before recommendations are finalized. The Ministry of Home Affairs was directed to provide the Committee with logistical support, including office space, secretarial staff and reimbursement of travel, boarding and lodging expenses, with all work performed by Committee members treated as official duty. Two Nodal Officers were directed to be assigned to coordinate with the ASG, along with adequate security for Committee members.
The Court left it open to the Committee to approach it at any time for clarifications or further directions, independent of the fixed hearing dates. The matter has been listed for further hearing on 21 April 2026 as part-heard.
Shomdeepta Chanda
Associate
The Indian Lawyer & Allied Services

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