In a significant development in the suo motu proceedings on “digital arrest” frauds, the Supreme Court on Monday directed that the individuals accused of cheating a 73-year-old Advocate-on-Record shall not be released from custody.

A bench of Justices Surya Kant and Joymalya Bagchi issued the directive while taking note of the ordeal narrated by the woman AoR, after AoR Vipin Nair mentioned SCAORA’s intervention plea highlighting alarming gaps in the investigation of such scams.

Solicitor General Tushar Mehta, though occupied in a special bench matter, supported SCAORA’s intervention and shared that he had personally spoken with the victim when she went through the scam.

After considering the submissions and the recommendations placed before it, the bench permitted SCAORA to intervene. Noting that the statutory 90-day period for default bail in the woman’s case was about to lapse—opening the possibility of the accused being released—the Court passed an order restraining any grant of bail.

The bench clarified that no court shall grant bail to the accused until the probe is completed. If they seek any form of relief, they must approach the Supreme Court directly.

To recall, the Court had on October 17 taken suo motu cognizance of the surge in “digital arrest” scams, where criminals pose as police or judicial officers and coerce victims—often elderly individuals—into transferring money. The action stemmed from a detailed complaint by a 73-year-old woman from Ambala, who said she was confined in a “digital arrest” and defrauded of over ₹1 crore using fabricated Supreme Court orders.

In her representation to Chief Justice of India B.R. Gavai, she alleged that the scammers even produced a forged order bearing the name of former CJI Sanjiv Khanna. Treating the complaint seriously, the Court initiated a proceeding titled In Re: Victims of Digital Arrest Related to Forged Documents.

The bench observed that forging judicial orders and misusing the authority of courts “strikes at the heart of public faith in the justice system” and constitutes a grave attack on institutional dignity. Such acts, it said, cannot be regarded as routine cheating or cyber offences.

The Court stressed the need for coordinated investigation between central and state agencies to unearth the networks involved in forging judicial documents and extorting vulnerable citizens, particularly senior citizens.

Notices were issued earlier to the Union of India (through the Home Ministry), the CBI Director, the State of Haryana (Home Department), and the SP Cyber Crime, Ambala. The Court also sought assistance of the Attorney General of India.

Story developing.

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