New Delhi, February 16 The Supreme Court on Monday said the government must make vulnerable people aware, compensate them, and try to protect them who have lost their hard-earned money in cyber scams.
A bench of Justices B V Nagarathna and Ujjal Bhuyan made the remarks while granting bail to one Paramjit Kharb, accused of creating mule bank accounts and selling them to alleged cyber criminals for parking money extorted from victims of online scams.
Justice Nagarathna told Additional Solicitor General S D Sanjay that the government and police must take steps to compensate and protect vulnerable victims, especially elderly persons, who have lost their hard-earned money in such scams.
"You must educate the people. Show recordings on TV and radio on how these cyber criminals operate. They mainly target the elderly, and they should be made aware of how these scams work. They have lost not just lakhs but crores of hard-earned money," the bench said.
Sanjay said these cyber criminals are very confident and smart, and that he himself had almost become a victim of them. The ASG told the bench that the government has launched the "Sanchar Saathi" app, where people can report about any cybercrime or stolen mobile phones or stolen identity.
Justice Nagarathna said, "Show the people how these scammers operate and how these frauds are carried out. Educate the people that this is the type of conversation you will encounter, so you should ignore it. Provide cyber security education to the public, legal awareness, and other things. Awareness is key."
The judge further said that vulnerable people, single women, and elderly couples may not be aware of all this, and the government must boost their confidence by training them to deal with these situations.
The bench granted bail to Kharb, who has been in custody since March 2024, after noting that other co-accused in the case have been granted the same relief.
It directed him to deposit his passport, if any, before the trial court and report at the jurisdictional police station on the first Monday of every month.
"It is directed that the appellant shall extend complete cooperation in the ensuing trial. The appellant shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record. Any violation of these conditions may result in the cancellation of the bail granted to the appellant," the court said.
Sanjay vehemently opposed the bail plea, saying the accused was booked in several states for cybercrimes and was part of a larger network of cyber criminals who deceive innocent citizens.
Appearing on behalf of the Delhi government, the ASG further said that Kharb's role in this case is significant, and that he has not disclosed the fact that there are other criminal cases against him.
He said that if bail is granted to him, it may also frustrate the investigation in other cases as well as the trial in the future.
Kharb's counsel submitted that five of the nine co-accused have been granted regular bail, and there is no challenge to this order, but the appellant has been in jail since March 17, 2024.
He contended that charges have not yet been framed, and there are 26 witnesses to be examined.
The lawyer further argued that based on the principle of parity, the accused may be released on bail, particularly considering his long incarceration and the inevitable delay in the conclusion of the trial.
Kharb had challenged a November 3 order of the Delhi High Court, denying him bail in the matter.
He was booked in 2024 by the Delhi police's Special Cell for offences under the Indian Penal Code and the Information Technology Act.
The top court is already hearing a suo-motu (on its own) case on digital arrests, after an elderly couple from Haryana wrote to the Chief Justice of India about how they were defrauded by cyber criminals.
The court has directed the Central Bureau of Investigation (CBI) to investigate digital-arrest cases and related cyber-fraud activities across the country and has issued a slew of directions to curb the growing menace.
On February 9, the court described the siphoning off of more than Rs 54,000 crore by digital fraudsters as "absolute robbery or dacoity" and asked the Centre to draft a standard operating procedure in consultation with stakeholders like the Reserve Bank of India (RBI), banks, and the Department of Telecommunications to deal with such cases.
Digital arrest is a growing form of cybercrime, in which fraudsters pose as law-enforcement officers, court officials, or personnel from government agencies to intimidate victims through audio and video calls. They hold the victims hostage and put pressure on them to pay money.