The Supreme Court on Friday flagged the growing threat of “digital arrests”, issued notices to the Centre and the CBI and sought the attorney-general’s help in evolving a nationwide strategy against the racket.

A digital arrest involves cyber fraudsters impersonating law enforcers or government officials to intimidate victims — by implicating them in crime — into sending them money or personal information.

The court was “aghast” that in the matter at hand, the fraudsters had fabricated Supreme Court and high court orders, bearing “forged signatures of judges”, to cheat an elderly couple out of their life’s savings last month.

The bench of Justice Surya Kant and Justice Joymalya Bagchi had earlier taken suo motu cognisance of the complaint that the couple had sent to Chief Justice B.R. Gavai.

According to the victims, people posing as CBI and Enforcement Directorate officials and judicial authorities had contacted them through telephone and video calls.

The fraudsters also displayed forged Supreme Court orders through WhatsApp and videoconferencing.

Threatened with arrest and property seizure on the basis of the forged documents, the couple transferred ₹1.05 crore to the scamsters through multiple bank transactions.

The couple later lodged FIRs with the cyber crime branch, Ambala, but no breakthrough has been achieved so far.

Ordinarily, the bench said, it would have directed the state police to speed up the
investigation.

“We are, however, aghast at the fact that the fraudsters have fabricated judicial orders in the name of the Supreme Court of India and various other documents,” the bench said.

Noting that such crimes were happening across the country, it added: “…A stern action on pan-India basis with coordinated efforts between the central and state police are required to unearth the full extent of this criminal enterprise involving forgery of judicial documents, cyber extortion and cyber arrest of innocent people, especially senior citizens.”

The court listed the forged documents the fraudsters had used in the case:

• A “freeze order” dated September 3, purportedly issued under the Prevention of Money Laundering Act;
• An “arrest order” dated September 3, bearing the stamp and designation of an ED officer from Mumbai along with a court’s stamp;
• A “surveillance order” with forged judicial signatures;
• Documents relating to various fictitious proceedings before Bombay High Court and false claims of investigation by the CBI and the ED.

“The forgery of documents and the brazen criminal misuse of the name, seal and judicial authority of this court or a high court is a matter of grave concern,” the bench said.

“The fabrication of judicial orders bearing forged signatures of judges strikes at the very foundation of public trust in the judicial system, besides the rule of law.”

The bench issued notices to the home secretary, CBI director, Haryana principal secretary (home), and the Ambala SP (cyber crime), seeking their responses.

“Having regard to the manner in which similar crimes are being committed, we request the learned attorney-general (of) India to assist the court,” it added.

It also asked the Ambala SP (cyber crime) to file the status report of the investigation. The next hearing is on October 27.