SC proposes handing over all digital arrest cases to CBI

The court had taken suo motu cognizance of a complaint by a senior citizen couple from Ambala, who alleged that they were defrauded of around Rs 1 crore by “digital arrest” fraudsters who threatened them with forged “orders” of the Supreme Court, Bombay High Court and Enforcement Directorate. Hearing their plea on October 17, the court had asked Attorney General R Venkataramani to assist it in the matter. On Monday, the AG told the bench that money laundering networks, mostly based outside India, are behind these scams. Many of these gangs are located in parts of Asia including Myanmar and Thailand, he said.

Justice Kant asked the counsel appearing for Haryana whether it would be appropriate to hand over the case to the CBI. “Why don’t we entrust the FIRs to the CBI, because it will enable them to investigate on an all-India basis… In fact we will appreciate it if the state will take a stand that this should be probed by a central agency,” he said.

As the court was dictating the order that the Ambala case investigation be handed over to the CBI, the bench was informed that there are other FIRs lodged in Haryana in connection with similar incidents.

The bench said it would adjourn the matter so that details of the other FIRs can also be collected and handed over to the CBI.

Solicitor General Tushar Mehta said he had detailed meetings with the chief of the cyber-crime unit under the Home Ministry and also the CBI DIG. He said: “The issue is greater than what I had earlier anticipated. It is found offshore, not a local issue.”

Mehta added: “There are three pillars which are identified – financial, technical and human. Some of our boys, they say we will get you employment in another country, they go there and then they say we have spent this much on you, now you will have to generate this much funds. Their passports are taken and they are human slaves.”

Justice Bagchi said: “This has come up as an international issue. In Myanmar, since there was a crackdown on all these underground cells, they moved all these people who are cyber slaves to Thailand.”

The court wondered if the agency would be able to deal with all the cases given their sheer volume.

Justice Bagchi said: “What we want a response from you is if we want an exclusive investigation, are you prepared… what is the extra outlay you need to deploy?”

Justice Kant added: “Today we have just issued notices to states. They should not be caught unaware that some of their cases are being transferred to the CBI for uniform investigation. You tell us what are the directions you require, and to whom?”