‘Direct assault on rule of law’: SC flags rise in ‘digital arrest’ scams, seeks Centre, CBI response
Taking note of a complaint by a senior citizen couple from Ambala, who were defrauded of over Rs 1 crore, the SC Bench said forgery of court and ED orders to extort citizens is a grave threat to public trust in the judiciary
Two FIRs were registered at the Cyber Crime Branch, Ambala, in this connection. (File)
TAKING NOTE of the rising instances of people being defrauded through “digital arrests”, the Supreme Court on Friday sought the response of the Union Ministry of Home Affairs and the CBI in the matter.
A Bench of Justices Surya Kant and Joymalya Bagchi was hearing a complaint by a senior citizen couple from Ambala who said they were defrauded of over Rs 1.05 crore by digital arrest fraudsters who threatened them with forged orders of the Supreme Court, the Bombay High Court, and the Enforcement Directorate. The Supreme Court had taken suo motu cognizance of their September 21 complaint.
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Hearing it, the Bench said, “We are also inclined to take judicial notice that the instant case is not the solitary instance. It has been largely reported many a times in the media that such like instances have taken place in different parts of the country. We are therefore prima facie of the view that stern action on a pan-India basis with coordinated efforts between central and state police are required to unearth the full extent of this criminal enterprise involving forgery of judicial documents and extortion/robbery and arrests of innocent people, especially senior citizens.”
The couple said in their complaint that they were contacted by persons impersonating CBI and IB officers, and judicial authorities through telephone and video calls.
The fraudsters displayed forged orders of the top court through WhatsApp and video conferencing, threatening arrest and property seizure, and coerced the couple into transferring money through multiple transactions between September 3 and 16.
Two FIRs were registered at the Cyber Crime Branch, Ambala, in this connection.
The court said, “Ordinarily we would have directed the state police to expedite the investigation and take the case to its logical conclusion. We are, however, aghast by the fact that the fraudsters have fabricated multiple judicial orders in the name of the Supreme Court, including a freeze order dated September 3 purportedly issued under the Prevention of Money Laundering Act, an arrest order dated September 3 bearing the stamp and designation of an officer of ED, Mumbai, along with a court stamp, a surveillance order with forged judicial signatures, and various fictitious proceedings before the Mumbai High Court and false claims of investigation by CBI and ED.”
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It said, “the forgery of documents and the brazen criminal misuse of the name, seal, and judicial authority of this Court or High Court is a matter of grave concern”.
“The fabrication of judicial orders bearing forged signatures of the judges strikes at the very foundation of public trust in the judicial system besides the rule of law. Such action constitutes a direct assault on the dignity and majesty of the institution. Therefore, such grave criminal acts cannot be treated as an ordinary or routine offence of cheating or cybercrime,” the court said. The Bench also issued notice to the Principal Secretary, Home Department of Haryana, and the Superintendent of Police, Cyber Crime, Ambala, and sought a report on the status of the investigation from the latter.
Having regard to the nature of the crimes, the court also requested the assistance of Attorney General R Venkataramani in the matter.
The court will hear the matter next on October 27.
Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry.
He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More