Supreme court seeks states' data on digital arrest cases

The Supreme Court of India has directed all states and union territories to provide details of pending cybercrime investigations involving 'digital arrest' scams within one week. This move aims to facilitate a centralized probe, preferably by the Central Bureau of Investigation, into these frauds targeting vulnerable individuals. The court expressed concern over the international dimensions of such scams.

On Monday, a bench comprising Justices Surya Kant and Joymalya Bagchi of the Supreme Court sought comprehensive details on cybercrimes related to 'digital arrest' pending across states and union territories. These scams involve fraudsters impersonating law enforcement officers, intelligence officials, or judges to extort money, often from senior citizens, using forged court orders and fake video proceedings. The court issued notices to all states and UTs, directing them to furnish the information within a week, with the matter scheduled for hearing on November 3.

The proceedings stem from a suo motu petition addressing the rising menace of these frauds. On October 17, the court had issued notices to the Centre, the Central Bureau of Investigation (CBI), and the Haryana government following a letter from a 73-year-old couple in Ambala, Haryana, who were defrauded of over ₹1.05 crore between September 3 and 16. The perpetrators contacted the couple via WhatsApp video calls, displaying a forged Supreme Court order threatening property seizure, leading to the transfers. The couple subsequently filed two criminal cases at the Ambala police station.

During the hearing, Solicitor General Tushar Mehta presented a CBI note highlighting the fraud's financial, technical, and human aspects. It revealed that some perpetrators are themselves victims—young people lured abroad with job promises and forced into 'fraud factories,' often termed 'pig butcheries,' prevalent in Southeast Asia. The court noted international linkages, referencing a recent US treaty on mutual legal assistance in cybercrimes and reports of 'cyber slaves' in Myanmar. 'This case would have cross-border links too,' the bench observed.

Emphasizing a uniform approach, the court stated, 'We expect CBI to take up the investigation. Only they can do it. Pan-India, these digital arrests have happened and nothing is going to happen unless there is some uniform investigation.' It suggested directing states to provide manpower to the CBI, similar to a prior subvention scam probe, and anticipated assistance from Interpol or cyber experts. The bench highlighted a pattern of targeting senior citizens and, on October 17, described the forgeries as a 'grave concern which strikes at the very foundation of public trust in the judicial system.'

Haryana's additional advocate general, Lokesh Singhal, informed the court that the state has received multiple complaints and is investigating them.

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