“Digital Dacoity”: Supreme Court Refuses To Club 30+ Cyber Fraud Cases Against Two Accused

“Digital arrests and such cyber offences are digital dacoity… there is no question of giving any judicial forum to such persons,” a bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana said.

Strongly condemning the organised cyber crime rackets targeting senior citizens through digital arrests, the CJI said those involved must face stringent action.

“An 81-year-old from Ernakulam (Kerala) was defrauded of Rs 1.90 crore and his money was deposited in your mule account,” the CJI said.

“You decided to use the account of your company for cyber crime like digital arrest,” the bench said while refusing to entertain the plea of Gourab Kumar Saha and Nidhi Bhandari.

The bench refused to allow the accused to use such proceedings to disrupt investigations in different states.

Justice Bagchi asked as to why victims should be forced to travel to Delhi merely for the convenience of an accused seeking consolidation.

“Your right to seek transfer of cases to a place of your convenience cannot override the right of the victims and the investigating agency… We can consider if Delhi police says so for the convenience of investigation. We do not take your weight to dilute the investigation across the country,” Justice Bagchi said.

The CJI asked if a victim, whose defrauded money was deposited in Hong Kong and Bangkok, could be asked to go there for redress. The petitioner ultimately withdrew the plea. Thirty-five criminal cases pertaining to cyber crimes are pending against the accused in states including Delhi, Maharashtra, Kerala, Telangana and Gujarat.