Bureaucracy
SC Draws Red Line for ED in Santiago Martin Case: No Copying or Accessing Laptop, Mobile Content
In a pivotal ruling that could influence the way investigative agencies handle digital evidence, the Supreme Court has restrained the Enforcement Directorate (ED) from accessing or copying data from electronic devices seized during searches on “lottery king” Santiago Martin, his relatives, and employees. The decision, issued on December 13 by Justices Abhay S Oka and Pankaj Mithal, highlights the fundamental right to privacy in the digital age.
The ED conducted raids at 22 locations across six states in November, following allegations by the Meghalaya Police that Future Gaming and Hotel Services Private Limited, Martin’s company, had unlawfully monopolized the state’s lottery operations. These raids resulted in the seizure of Rs 12.41 crore in cash and various electronic devices, including mobile phones, hard drives, and pen drives.
A Landmark Decision in Privacy Rights
The Supreme Court order prohibits the ED from accessing or copying the contents of the seized devices and stays summons under the Prevention of Money Laundering Act (PMLA) that required individuals to appear for data extraction purposes. The case will now be heard alongside other petitions, including those involving Amazon India employees and Newsclick, both of which also challenge the seizure of digital devices.
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In its petition, Future Gaming argued that digital devices contain deeply personal and sensitive information, including financial records, medical data, and business strategies. The petitioners emphasized that such unrestricted access by authorities amounts to an infringement of constitutional rights and could lead to “fishing expeditions” for evidence unrelated to the case.
Future Gaming’s Role in Electoral Bonds
Future Gaming is not only India’s largest lottery operator but also a significant contributor to electoral bonds. Between 2019 and 2024, the company purchased bonds worth Rs 1,368 crore, donating across political lines. Beneficiaries included the Trinamool Congress (Rs 542 crore), the DMK (Rs 503 crore), the YSR Congress (Rs 154 crore), and the BJP (Rs 100 crore).
ED’s Stand and Ongoing Investigations
Senior ED officials described the Supreme Court’s restraining order as “unprecedented” but maintained that the case is not significantly hindered. They noted that the agency had already attached assets worth Rs 622 crore linked to the Future Gaming group and had gathered substantial material evidence independently of the seized devices.
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Legal and Financial Implications
Lawyer Rohini Musa, representing Future Gaming, called the Supreme Court’s order a milestone in protecting privacy and fundamental rights. She stressed the need to prevent investigative overreach, ensuring that agencies do not coerce individuals into self-incrimination or misuse sensitive information stored on digital devices.
The petition also pointed out the absence of clear guidelines governing the seizure and access of digital devices, which leaves room for arbitrary investigations. Former Attorney General Mukul Rohatgi, representing Future Gaming, highlighted the company’s compliance, including paying ₹28,205 crore in GST, as evidence of its legitimate operations.
A Precedent for Digital Evidence Protocol
The Supreme Court’s decision has the potential to set a crucial precedent for handling digital evidence in India. As legal experts observe, this ruling underscores the need for robust safeguards to balance investigative powers with citizens’ fundamental rights, particularly in an era where personal and professional lives are increasingly digitized.
As the case progresses, it is expected to shape future policies on the treatment of digital evidence and bolster the protection of privacy in legal proceedings.
