Digital Arrest Scam | In Rare Move, Supreme Court Restrains Grant Of Bail To Persons Accused Of Duping 73-Yr Old Woman AoR

In the suo motu case taken up over "digital arrest" scams, the Supreme Court today restrained the release from jail of persons accused of duping a 73-year old woman Advocate-on-Record.

A bench of Justices Surya Kant and Joymalya Bagchi passed the order, taking a strict view, after AoR Vipin Nair mentioned SCAORA's intervention application in the matter, highlighting the experience of the woman AoR.

Solicitor General Tushar Mehta sought an accommodation in the matter due to his engagement in a special bench. However, the SG supported SCAORA's intervention, saying he personally interacted with the woman AoR when she faced the ordeal.

Pursuant to Nair highlighting the lacunas and recommendations with regard to digital arrest scams, the bench allowed SCAORA's intervention application. When it was pointed out that the accused in the woman AoR's case might be released soon as the 90-day period is about to expire, the bench passed its order restraining the accused's release.

It said that the accused shall not be granted bail by any court until the investigation is taken to its logical conclusion. If they require any relief, they can approach the Supreme Court.

To recap, on October 17, the Court took suo motu cognizance of rising cases of “digital arrest” scams, where fraudsters impersonate law enforcement agencies or judicial authorities to extort money from citizens, particularly senior citizens. The action followed a complaint from a 73-year-old woman from Ambala, Haryana, who alleged that scammers used forged Supreme Court orders to confine her in a so-called “digital arrest” and extort more than Rs.1 crore.

In her complaint, addressed to CJI BR Gavai, the woman claimed that the fraudsters produced a fake order purportedly issued by former CJI Sanjiv Khanna. As such, the Court decided to initiate a suo motu proceeding titled “In Re: Victims of Digital Arrest Related to Forged Documents”. A Justice Kant-led bench observed that "forgery of documents and the 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 the public trust in the judicial system besides the rule of law. Such action constituted direct assault on the dignity of the institution. Such grave criminal act cannot be treated as an ordinary or routine offence of cheating or cyber crime," the bench observed, taking judicial notice of various reports about such crimes happening in different parts of the country.

It was also noted that coordinated efforts between the central and state police are required to unearth the full extent of the enterprise involving forging judicial documents, extortion/robbery of innocent people, most importantly, the senior citizens.

Besides the Union of India (through the Secretary of the Ministry of Home Affairs), notice was issued to the CBI (through its Director), State of Haryana (through its Principal Secretary, Department of Home) and SP Cyber Crime, Ambala. The Court also called for the assistance of the Attorney General for India.

Story to be updated.

Case Title: In Re: Victims of Digital Arrest Related to Forged Documents, SMW (Crl.) 3/2025 

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