Supreme Court Issues Notices in Suo Motu Case on Digital Arrest Scams

The Supreme Court on Monday issued notices to all States and Union Territories in a suo motu case concerning a series of digital arrest scams carried out through forged court orders and impersonation of police and judicial officers.

The Court had earlier taken suo motu cognisance after receiving a letter from a senior citizen couple from Haryana, who were victims of one such cyber fraud.

During Monday’s hearing, the Bench comprising Justice Surya Kant and Justice Joymalya Bagchi expressed serious concern over the growing instances of such scams across the country and indicated that the investigation may be handed over to the Central Bureau of Investigation (CBI). “There are more than one instance that have taken place in different parts. We are inclined to entrust the matter to CBI in respect of all the States because this is a kind of crime which may be operating pan-India, or even across the border,” Justice Surya Kant observed.

Attorney General for India R Venkataramani informed the Court that money laundering networks behind these scams are often based outside India. “There are money laundering gangs located outside our territory, in many parts of Asia, including Myanmar and Thailand,” he said.

The State of Haryana told the Court that they have no objection to the two FIRs registered by the Cyber Crime Branch in Ambala, Haryana, being transferred to the CBI for investigation.

Solicitor General Tushar Mehta, appearing for the Union of India, informed the Court that the CBI is already probing certain similar cases. “There are three human pillars. Sometimes, people are lured abroad with promises of employment. Once they reach there, they are told that money has been spent on them and they must recover it by generating funds online. Their passports are seized, and they become human slaves,” Mehta explained.

Justice Bagchi termed the phenomenon an “international issue”, referring to recent reports of crackdowns on cyber scam syndicates operating from Myanmar.

Justice Surya Kant sought details from the Centre and the CBI about their capacity to handle the rising number of such cases. “Seeing the volume of cases, we want to know whether the CBI has the human and technical resources to deal with all the cases if they are transferred,” he said.

Mehta assured the Court that the CBI is being assisted by the Cyber Crime Division of the Ministry of Home Affairs, which has technically qualified experts. Justice Kant added that if specialised cybercrime experts outside the police framework are required, the agency could make suggestions to the Court for necessary support.

Concluding the hearing, the Bench issued notice to all States and Union Territories, directing them to apprise the Court of FIRs registered within their jurisdictions in connection with similar scams. The matter will be taken up next after the responses are received.

Case Title: In Re: Victims of Digital Arrest Related to Forged Documents