Thread by @LiveLawIndia

#SupremeCourt hears the suo motu issue of digital arrest scams

CJI: you can apprise us if the HCs are running any parallel proceedings, we dont want that

AG refers to the status report in view of the progress being made

The MHA had constituted a High-level Inter-Departmental Committee to comprehensively examine all facets related to "digital arrests”.

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Counsel: every action that has been mandated or warranted are work in progress, they have pointed to some actions already taken in circulars...the SOP is a critical

AG: the SOP tells the timeframe

Counsel: RBI is still to have a meeting, they have not yet deliberated

CJI: action is essence of dealing with this crime effectively, we will issue directions to deal with the SOP, meanwhile you see if any lacunea are left

Counsel : this is a consensus -meidated process, all stakeholders are on board, the only thing is- the action to be taken pursuant to lacunea pointed out, that still has to be taken

CJI: today we are at the stage of formulation of policies and rules, onces those are implemented we will see

CJI: Ld AG has placed on record a compilation containing the status report on behalf of the MHA, UOI, along with documents R1-R5 , annexure R1 is the true copy of the ministerial meeting, 2nd meeting of IDC on 2nd Feb 2026; R2 is the copy of detailed inputs in respect of the solution of committee; R3 is the detailed books and copy of material; R5 is the copy of the SOP for restoration of money and grievance redressal

CJI: it is explained that an IDC has been constituted , CBI has identified losses of Rs 10 crores of more for investigation of digital arrest cases, such cases are identified in Gujarat and Delhi, we direct the state of Gujarat and NCT Delhi to upload the SOPs within 1 week

CJI notes that central agencies are in the final stages of finallising MOU on the issue

CJI: we will appreciate if the draft MOU is finalised within 4 weeks or so

CJI: Similarly, RBI has drafted an SOP prescribing action by them of placing a temporary hold on accounts to prevent cyber fraud, money leak activities

CJI: we direct that MHA to formally adopte and implement the SOP dated 2nd January 2026 and same be issued across the country for strengthening inter-agency co-ordination and ensure restoration of funds wherever possible

CJI: all the HCs will ensure compliance with the SOP

CJI: Ministry of Technology is directed to finalise the guidelines and the portal within 4 weeks

CJI: so far the future course of action is concerned, we direct the CBI to list the idenfied digital arrest places for investigation; RBI is directed to examine the transactions and take appropriate decision in this regard. The MEIT is directed ensure time-bound compliance

CJI: we direct the RBI, depart of revenue to consider the desirability of suspending suspicious transactions

CJI: RBI, DoT, etc may also jointly hold a meeting to come up with a framework for the compensation in the digital arrest cases , a pragmatic and liberal approach is to be adopted