Bombay HC pulls up Mumbai Police for delay in action on 71-yr-old woman’s ‘digital arrest’ complaint

Remarking that freezing the amounts at the right time before getting transferred by fraudsters was more important for senior citizens and others, the court said the police should ensure the victims do not have to run from pillar to post.

It directed police to decimate guidelines and information to citizens so that they are aware about provision of registering ‘Zero FIR’ at local police station to seek action against fraudsters.

A bench of Justices Revati Mohite-Dere and Neela K Gokhale was hearing a plea by septuagenarian Leela Parthasarathy who was under ‘digital arrest’ for two weeks earlier this year and during the said period.

As per advocate Nikhil Daga representing the petitioner, the fraudsters showed her documents such as Aadhar card, after which she believed them to be real officers and followed their orders.

She transferred Rs 2 lakhs, followed by Rs 12 lakhs and 18 lakhs, which the fraudsters claimed was ‘proceeds of crime.”

Daga said that the petitioner gave up all her lifetime savings and it was only when the fraudsters asked her to transfer Rs. 20 lakh to get bail, she approached her brother-in-law in Bangalore. He contacted the petitioner’s daughter living abroad, after which a complaint was filed with Shivaji Nagar Police station at Govandi area.

However, Daga said FIR was registered after a delay of over a month and half since the matter was reported to Police after the petitioner had to “run from pillar to post.”

The HC on March 6 had observed that despite the petitioner informing Devram Paradhi, Police Sub Inspector, East Region Cyber Police Station, the digital fraudsters were still online and they could be apprehended, no steps were taken by said officer or other officials of concerned police station. The Court had said it appeared that due to delay in registration of FIR, and “not taking action against fraudsters with alacrity,” her money was further transferred to several bank accounts and withdrawn by fraudsters, leaving only Rs.3.13 lakh, which could be freezed and saved.

On Wednesday, Public Prosecutor Hiten Venegaonkar representing Police informed the bench that two persons were arrested from Gujarat in the case, however, nothing had been recovered from them.

“Your (Mumbai Police) officers had a great/golden opportunity to apprehend them, but they did not…we are upset about it..You are supposed to help senior citizens. They were still online…you could have taken her help and nabbed them and tracked them. Online frauds are happening all the time.. Does a common person have to come to HC by filing a petition? There must be so many running from pillar to post. Our concern is about them. Petitions are filed in courts because you failed in your duty,” the bench remarked.

It went on to question the Police, “How does a retired teacher get her money back? Rs. 32 lakh is not a small amount for someone who has saved for old age. Why do you need a month and 21 days to file an FIR. This is not helping senior citizens…more than lodging of FIR, freezing money at the right time is important for senior citizens or any other citizens. We want to see you must change your system whenever cyber crime is reported, you will register immediately…time is of importance. Put your house in order. We will take present matters as a test case and take it to its logical end and some guidelines or circulars need to be issued to all police stations,” the bench said.\

After PP Venegaonkar said that there was a shortage of personnel with Cyber Police and only two officers were handling over 400 cases, the bench responded. “If someone tells citizens that we have bigger scams to attend to, then it is not the right attitude. Police cannot give this excuse..Hope something is done to increase personnel. You must have trained manpower in your team.”

Seeking steps from Police to advertise procedures to register cybercrime complaints, the HC posted further hearing to April 22.