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New Delhi, Nov 17 (IANS) The Supreme Court on Monday directed that the accused be arrested in a case involving a 72-year-old advocate-on-record (AOR) who was defrauded of Rs. No bail will be granted by any subordinate court during the pendency of investigation in the Rs 3.29 crore “digital arrest” scam and until further orders of the apex court.
A bench of Justices Surya Kant and Joymalya Bagchi passed the direction while allowing the intervention application filed by the Supreme Court Advocates-on-Record Association (SCAORA), which brought the victim’s plight to the attention of the apex court.
“The accused shall not be released on bail by any court during the investigation. If they desire any relief, they may approach this court,” the Justice Kant-led bench ordered after SCAORA submitted that the 90-day period for default bail was about to expire.
Appearing for SCAORA, lawyer Vipin Nair, along with secretaries Nikhil Jain, Aastha Sharma and Kaustabh Shukla, highlighted how lawyer Hemantika Wahi was caught in the “digital arrest” scam.
The Centre’s second-highest law officer, Solicitor General Tushar Mehta, sought adjournment due to his engagement before another bench, but supported SCAORA’s application and informed the Justice Kant-led bench that he had personally interacted with the victim.
The Supreme Court then allowed SCAORA to assist in the case at the next hearing. SCAORA, in its application, said the case exemplifies the procedural void and investigative paralysis associated with such crimes.
The bar body submitted that such scams “seriously undermine the right to personal liberty under Article 21”, with fraudsters impersonating police, CBI or judicial officers, coercing victims through video calls and digital intimidation.
Referring to the Rajasthan High Court’s suo motu observations that “there is no provision for law enforcement to make arrests through video calls or online surveillance”, the application stressed the need for nationwide awareness and uniform protocols.
The direction comes in the backdrop of the Supreme Court’s earlier observation that over Rs 3,000 crore has been extorted through “digital arrest” scams, many of which operate from offshore locations such as Myanmar and Thailand.
“If we do not pass strict and stringent orders, the problem will escalate. We are determined to deal with these crimes vigorously,” a bench led by Justice Surya Kant had said in an earlier hearing.
The suo motu case began after a senior citizen couple from Ambala was digitally “arrested” and complained of fraud of over Rs. The next hearing in the case of embezzling Rs 1 crore by using fake orders of the Supreme Court will be held on November 24.
–IANS
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