New Delhi, Nov 17 The Supreme Court on Monday directed that the accused in the case involving a 72‑year‑old Advocate‑on‑Record (AoR), who was defrauded of Rs. 3.29 crore in a “digital arrest” scam, will not be granted bail by any subordinate court during the pendency of the investigation 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 ordeal to the top court’s attention.
“The accused shall not be released on bail by any court during the investigation. If they seek 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, advocate Vipin Nair, accompanied by Secretary Nikhil Jain, Astha Sharma, and Kaustabh Shukla, highlighted how advocate Hemantika Wahi was trapped in a “digital arrest” scam.
Solicitor General Tushar Mehta, the second-highest law officer of the Centre, sought an 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 thereafter permitted SCAORA to assist it in the matter on the next hearing. In its application, SCAORA said the case “exemplifies the procedural vacuum and investigative paralysis” surrounding such crimes.
The bar body submitted that such scams “gravely undermine the right to personal liberty under Article 21”, with fraudsters impersonating police, CBI or judicial officials, 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 conduct arrest via video calls or online monitoring”, the application stressed the need for nationwide awareness and uniform protocols.
The direction comes against the backdrop of the Supreme Court's earlier observation that over Rs 3,000 crore have been extorted through "digital arrest" scams, many of which are operated from offshore locations such as Myanmar and Thailand.
“If we do not pass stringent and harsh orders, the problem will magnify. We are determined to deal with these crimes with iron hands,” the Justice Surya Kant-led Bench had said in a prior hearing.
The suo motu case, initiated after a senior citizen couple from Ambala complained of being digitally “arrested” and defrauded of over Rs. 1 crore using forged Supreme Court orders, will be heard next on November 24.
--IANS
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