SC Denies Merger of 35 Cybercrime Cases Involving Mule Accounts Across 12 States

The CSR Journal Magazine

The Supreme Court has declined to merge 35 cybercrime cases that are currently pending against two individuals across twelve states. These cases involve allegations that the accused allowed their company’s account to be used as a mule account in exchange for a commission. The Press Trust of India reported on the court’s decision, highlighting the serious nature of the charges involved.

In its ruling, the court described cybercrime as a form of “digital dacoity,” expressing strong disapproval of organised criminal activities that specifically target vulnerable populations, such as senior citizens. The court emphasised that those engaged in such activities must face severe consequences.

The bench, which included Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana, rejected a plea submitted by the accused, Gourab Kumar Saha and Nidhi Bhandari, for the consolidation of these cases. The court’s stance indicates a firm commitment to addressing cybercrime without compromising the integrity of ongoing investigations.

Details of Allegations

One of the significant allegations mentioned in court involved an 81-year-old man from Ernakulam, Kerala, who was reportedly defrauded of Rs 1.90 crore. The funds were allegedly deposited into the mule account associated with the accused. The Chief Justice remarked on the severity of the situation, stating that the defendants had chosen to utilise their company’s account for illicit activities, which included what was termed as “digital arrest.” This highlights the grave implications of the alleged crimes.

The court further articulated its refusal to permit the accused to leverage the legal proceedings as a means to obstruct investigations taking place in various states. Justice Bagchi questioned the rationale behind compelling victims to travel to Delhi solely for the convenience of the accused, underscoring the importance of prioritising the rights of victims and the needs of the investigating agencies.

Justice Bagchi also posed a rhetorical question regarding the fairness of expecting victims, whose stolen funds had been transferred to locations such as Hong Kong and Bangkok, to travel abroad for justice. This line of questioning served to reinforce the court’s position that the rights of victims should not be overshadowed by the convenience of the accused.

Implications of the Court’s Decision

The Supreme Court’s refusal to consolidate the 35 cybercrime cases means that investigations will continue independently in each of the twelve states involved, which include Delhi, Maharashtra, Kerala, Telangana, and Gujarat. This decision is expected to facilitate a more thorough examination of each case, allowing local authorities to pursue justice without interference.

Ultimately, the petitioners withdrew their plea following the court’s decision, indicating a recognition of the challenges they faced in consolidating the cases. The court’s ruling serves as a reminder of the judiciary’s role in maintaining the integrity of legal processes, particularly in cases involving complex cybercrimes.

As the investigations proceed in the respective states, the implications of this ruling will likely resonate within the broader context of cybercrime legislation and enforcement in India. The court’s strong stance against digital dacoity underscores the need for continued vigilance and action against such criminal activities.

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