The case involves a retired teacher, a septuagenarian, who claimed she was put under ‘digital arrest’ by fraudsters who tricked her into transferring Rs 32 lakh.
Mumbai, March 19: The Bombay High Court has strongly criticized Mumbai police for not acting quickly on a senior citizen’s complaint about a digital fraud in which she lost Rs 32 lakh. The court said that in cyber fraud cases, immediate action is necessary to prevent further loss and directed the police to improve their response system.
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A division bench of Justices Revati Mohite Dere and Neela Gokhale emphasized that police must act swiftly in digital fraud cases.
The court stated, “Securing money at the right time is far more important for the victims.”
Woman Kept in ‘Digital Arrest’, Loses Rs 32 Lakh
The case involves a retired teacher, a septuagenarian, who claimed she was put under ‘digital arrest‘ by fraudsters who tricked her into transferring Rs 32 lakh. She approached the Shivaji Nagar police station in Govandi, but officers there allegedly refused to register her complaint.
Her lawyer, Advocate Nikhil Daga, informed the court that the woman was still under digital arrest and in contact with the scammers when she went to the police. However, officers refused to file a complaint, saying they had “bigger scams to probe.”
Public Prosecutor Hiten Venegaonkar informed the court that the case had now been transferred to the cybercrime cell, and two people had been arrested. However, the money had not yet been recovered. He also assured that in future, all digital fraud complaints would be registered as zero FIRs and forwarded to the cybercrime unit for action.
The court did not take this lightly. It stressed that strict action should be taken against the officers of Shivaji Nagar police station to ensure all police stations treat such cases seriously.
“Every day some or the other vulnerable senior citizen falls victim to such scams. We will take this present matter as a test case and take it to its logical conclusion. Some guidelines/circular needs to be issued to all police stations on how to handle such cases,” the court said.
The judges advised the police to increase public awareness about digital frauds and how victims can take immediate steps to secure their money.
Justice Dere firmly told the police, “Put your house in order.”
The bench further criticized the police for their slow response.
“The police should have acted with alacrity. What was the police doing? All the money is gone. If they (police) had acted with alacrity then the accused could have been nabbed as the scam was being done. The police missed the golden opportunity to nab them then itself.”
The court pointed out that the police only took action after the woman filed a petition in the High Court.
“Does a common man have to come to the court every time? This particular petitioner had the means so she moved the high court, but what about the several others who end up running from pillar to post? We are concerned about all those people too.”
The bench reminded the police that their duty is to help victims, not make them struggle for justice.
“You (police) have to help people. That is your duty and role. The first step for a victim is to go to the police and not come to court. So, police must ensure prompt help.”
The court allowed the petitioner to include the Reserve Bank of India (RBI) and three banks where the fraudsters transferred the money as respondents in the case. A notice has been issued to these institutions, and the matter has been scheduled for further hearing on April 22.
