Digital Arrest Fraud: Supreme Court Bars Release Of Accused In Scam Targeting 72-Year-Old Lawyer

In a rare move, the Supreme Court on Monday restrained the courts from releasing from jail the accused who had duped a 72-year-old woman advocate of the apex court of Rs 3.29 crore through 'digital arrest' fraud, saying the case warrants "unusual orders".

"We have to deal with these cases sternly so that the right message is sent. An unusual phenomenon needs unusual intervention," a bench of Justices Surya Kant and Joymalya Bagchi said.

Digital arrest is a growing form of cybercrime in which fraudsters pose as law enforcement or court officials or personnel from government agencies to intimidate victims through audio and video calls. They hold the victims hostage and put pressure on them to pay money.

The bench took on record the intervention application filed by the Supreme Court Advocate on Record Association (SCAORA), which took forward the case of the woman lawyer and sought strict action against the perpetrators of the crime.

SCAORA president Vipin Nair submitted that the elderly woman lawyer lost her savings and the accused, who were arrested following the registration of the FIR in May this year, are about to be released on statutory bail.

The bench, while taking note of the submissions, immediately ordered, "Meanwhile, the suspect Vijay Khanna and other co-accused shall not be released by any court. They can approach this court for any relief." Justice Kant told Nair, "We are not against anyone's life and liberty but this case warrants unusual orders. We have to deal with these cases sternly so that the right message is sent. An unusual phenomenon needs unusual intervention." Nair said that the police were able to recover over Rs 42 lakh from the accused but the case shows procedural vacuum and investigative paralysis surrounding such crimes, as despite the magistrate directing the money be deposited in the victim's bank account, the bank was refusing to accept.

The bench said that pan-guidelines will soon be coming up, which will be an eye-opener for many agencies.

"Just wait for the next date of hearing," the bench told Nair, who was supported by solicitor general Tushar Meha, saying that he had interacted with the elderly woman and found that the fraudsters were so convincing that she paid the amount after breaking her fixed deposits.

Nair said that cyber criminals were targeting unsuspecting elderly people and not the young, and taking away their life savings.

Justice Kant told them, "Don't worry, we will do something. Some directions are needed." The bench asked advocate NS Nappinai, who has been appointed amicus curiae in the matter, that soon she will be asked to give an advertisement across India asking people to get in touch with her about such cyber crimes so that the exact magnitude of the crime can be known.

A counsel pointed out that India has not ratified a United Nations treaty on cybercrime which would help it in tracing these criminals across borders.

The bench asked Mehta to look into the issue and posted the matter for further hearing on November 24.

On November 3, the top court said it needs to deal with digital arrest cases with an iron hand as it expressed shock over the scale of such cybercrime cases in the country, with over Rs 3000 crore allegedly extorted from victims, including senior citizens.

It had perused two sealed cover reports submitted by the Ministry of Home Affairs and the Central Bureau of Investigation.

Justice Kant had said that the CBI has pointed out that crime syndicates were being operated from offshore locations where they have "scam compounds" having financial, technical and human pillars.

The apex court has taken cognisance of a letter written by an elderly woman from Haryana's Ambala to Chief Justice of India BR Gavai complaining that she and her husband were put under the so-called "digital arrest" on the basis of forged orders of the court and probe agencies by fraudsters, who extorted Rs 1.05 crore from them in September.

The woman said the court orders were shown through multiple audio and video calls by people impersonating as CBI, ED and judicial officers to arrest them.

On October 27, the top court said it is inclined to entrust the CBI with the probe into digital arrest cases after taking into consideration the magnitude and pan-India spread of such crimes.

It had sought details of FIRs registered in different states and Union territories. The top court had said it would monitor the progress of the CBI investigation and issue whatever directions were necessary to deal with these crimes.

On October 17, taking note of the rising incidents of online fraud in the country, especially digital arrests to dupe citizens by fabricating judicial orders, the top court sought responses from the Centre and the CBI, saying such offences strike at the "very foundation" of public trust in the system.

The apex court had flagged the rising number of digital arrest cases across the country and said forging apex court, high court orders and signatures of judges to digitally arrest innocent people, including senior citizens, strikes at the bottom of trust and faith of people in judicial institutions.

It said the forgery of documents and the criminal misuse of the name, seal and judicial orders of this court or high court is a matter of grave concern, and such criminal acts cannot be treated as an ordinary or solitary offence of cheating or cyber crime.