Mumbai: The Bombay High Court on Wednesday pulled up the city police for their sluggish response to a cyber fraud complaint, emphasizing the urgency required in handling such cases.
A bench of Justices Revati Mohite-Dere and Neela Gokhale warned the police to “put your house in order,” stressing that timely intervention is crucial in digital fraud cases to prevent further financial losses.
The court was hearing a petition by a 70-year-old retired teacher who was kept under “digital arrest” and duped of Rs 32 lakh. Represented by advocate Nikhil Daga, she alleged that when she approached the Shivaji Nagar police station in Govandi, the officers refused to register her complaint, claiming they had “bigger scams” to investigate.
Daga informed the court that the woman was still under digital arrest and in contact with the fraudsters when she sought police help. Had the police acted promptly, they could have prevented further transactions and possibly apprehended the culprits in real time.
Public prosecutor Hiten Venegaonkar submitted that the case has since been transferred to the cyber crime cell, resulting in two arrests, but the stolen money remains unrecovered. He assured the court that moving forward, all police stations would be directed to register a zero FIR in cyber fraud cases and forward them to the cyber crime cell.
The judges, however, were unimpressed with the delayed action. “What was the police doing? All the money is gone. If they had acted with alacrity, the accused could have been nabbed while the scam was still happening,” the bench observed, adding that the police only acted after the woman moved the high court.
Justice Dere underscored the broader impact of such scams, particularly on senior citizens. “Every day, some vulnerable senior citizen falls victim to such fraud. We will take this as a test case and take it to its logical conclusion,” the court said, calling for clear guidelines to be issued to all police stations on handling digital fraud complaints.
Further, the court directed that stern action be taken against errant officers of Shivaji Nagar police station to set an example for others. “Does a common man have to come to the court every time? This petitioner had the means, so she moved the high court. But what about the several others who run from pillar to post?” the bench questioned.
Stressing the police’s duty to assist victims, the court said, “The first step for a victim is to go to the police, not the court. Police must ensure prompt help.”
The HC permitted the petitioner to add the Reserve Bank of India (RBI) and three banks where her money was transferred as respondents. It issued notices to the added parties and scheduled the next hearing for April 22.
