ASHOK KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Sh. Naresh Malhotra, a senior citizen in his late seventies, is, yet another, victim of 'digital arrest'.

(2.) On 1/8/2025, he received a call on his landline from some unknown fraudsters who impersonated as Airtel officials. They told him that his Aadhaar credentials had been used for opening a fraudulent bank account in Mumbai and threatened to suspend his telecom and internet services, unless he consented to being connected with "Mumbai Police".

(3.) Believing the call to be a genuine one, he agreed, and then he was instructed to shift to a WhatsApp video call and to isolate himself in a room. During video call, the fraudsters introduced themselves as CBI officials and told him that he was involved in a Rs.1,300.00 crore bank fraud. He was confronted with arrest-warrant and apprised that he was involved in terror- funding. He was subjected to continuous psychological coercion, including threats, intimidation, isolation and fear of a fabricated national-level scandal and was compelled to make multiple transfers to numerous accounts. These transfers made between 4/8/2025 to 4/9/2025 were, as alleged, totally, involuntary in nature, done under sustained duress and coercion.