Digital arrest scamsters must be dealt with ruthlessly: Supreme Court

The Supreme Court on Wednesday orally observed that those involved in carrying out digital arrest extortion scams must be dealt with ruthlessly [Gourab Kumar Saha & Anr. vs Union of India & Ors].

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing a plea seeking the consolidation of certain pan-India FIRs involving allegations of a the operation of a digital arrest extortion racket.

CJI Kant condemned scamsters who prey on vulnerable retired senior citizens, characterising the modus operandi of such criminal syndicates as far more egregious than simple extortion.

"Extortion is the simplest offence. This (digital arrest scams), in our considered opinion, is digital dacoity. You do it through video calls," the CJI remarked.

He termed digital scamsters "ruthless criminals" and supported a similarly ruthless approach while punishing them.

"They must be dealt with in the most ruthless manner. If the law has any scope to punish them before trial, that must also be adopted."

The petitioners before the Court were among those named as accused in one such cybercrime case.

Their counsel, however, told the Court that they themselves were also victims of the crime.

He explained that the petitioners' company bank account was merely used as an unwitting "mule account" and that he had himself lodged a complaint with Jammu and Kashmir authorities upon discovering the fraud.

"I am also a victim. I have filed a complaint before the J&K authorities," he said.

He contended that since the Mandir Marg Cyber Police in Delhi was already investigating the receipt and layering of funds in connection with the matter, other parallel probes across States would cause prejudice.

The Court, however, refused to entertain this plea, observing that the convenience of some accused in such a case cannot override the rights of victims or derail independent State police probes.

"The place where the victim has been victimised should be the place (of the investigation)... We do not feel that your right of aggregation overrides the inconvenience of victims or the investigation. Should we drag all the victims across the country to Delhi because you claim that you were persuaded by bigger stakeholders in this organised crime activity?" Justice Bagchi asked.

Justice Bagchi further cautioned the petitioners against acting as an instrument to stall decentralised investigations.

"You are not only a foot soldier in the crime. Today, you are being used as a foot soldier to derail investigations across the country. We do not take your bait," he said.

The petitioners ultimately decided to withdraw the plea.

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