The Supreme Court has praised the Tamil Nadu government for its strong stance on cybercrime by using preventive detention laws to handle the growing cases of online financial fraud. The court noted that traditional criminal laws are often not effective against such offences, which leave victims both financially and emotionally impacted.
Hearing a case involving Abhijeet Singh, who was detained under the Tamil Nadu Prevention of Dangerous Activities Act, 1982 (also known as the Goondas Act), a bench of justices Sandeep Mehta and Joymalya Bagchi said, “It is a good trend coming from the state to use preventive detention laws against cyber offenders. It is a very welcome approach.”
Singh was accused of defrauding a woman of ₹84.5 lakh as part of a larger organised cybercrime network. The Theni district collector issued the detention order on August 23, 2024, based on a complaint from the Cyber Crime Branch. Investigations revealed that Singh invested over ₹12 lakh in companies under his and his family’s names to hide the money gained from the fraud.
The court noted that cyber fraud cases have severe economic consequences and said, “Normal criminal laws are not proving successful against these offenders.”
In court, the Tamil Nadu government highlighted that the offence involved large financial losses and had a nationwide impact. The probe recovered ₹44,000 in cash, over 100 credit and debit cards, five mobile phones, and 27 bank accounts—17 of which were linked to similar frauds across the country.
Although the state filed its official response, the court adjourned the matter to June 25 due to unavailability of the document before the bench.
Singh’s lawyer, Laxmikant Matadan Shukla, argued the alleged fraud was a one-time incident, and the detention was harsh for a first-time offence. He also claimed that the Madras High Court did not give enough time for Singh to respond to the notice and that the advisory board overlooked procedural gaps.
The Supreme Court said it would review the matter but added that the detention period could not be reduced under a writ proceeding. “If the detention order has no basis, the order itself must go, but the period cannot be curtailed. It is the discretion of the state,” the court said.
The state government defended the order, stating that Singh received all necessary documents in English and Hindi and had made detailed submissions throughout the process. The High Court had also confirmed that there was no evidence showing Singh was denied the chance to make an effective representation.
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