Box-37 While adjudicating a case of what the Court suspects to be a “disappearance/ missing”, the Court shall: 1. Direct that the concerned officials to investigate and make inquiries into the following: (i) The circumstances under which the person was missing / abducted. (ii) Reasons for the delay of the inquiry into the complaint. (iii) Whether the incident was or was not notified to the officer-in command of the police force. (iv) Whether there was an attempt to cover-up the misdoing and, if so, who was involved. 2. Direct that State officials (either the police or other intelligence agencies or relevant government offices) to gather information of the whereabouts of the missing person and furnish the same to the members of the family and other concerned persons as soon as the information is gathered. 3. Ensure that all persons involved in the investigation, including the complainant, counsel, witnesses and those conducting the investigation, are protected against ill-treatment, intimidation or reprisal, if necessary. 4. Direct that an investigation should be conducted for as long as the missing person remains unclarified. 5. Prosecute all the concerned persons, i.e., the persons who commit the crime, the persons giving orders and others involved, directly or indirectly, in shielding the accused or blocking the exposure of the ‘disappearance’. 6. Ensure that the persons responsible for the crime are not able to plead and claim sovereign immunity nor evade liability on the excuse of taking orders from the superiors. 55