The court granted bail to the petitioner due to extensive pre-trial custody, emphasizing the need for stringent conditions to prevent further offenses and ensure compliance during the trial.

JUDGMENT

Anoop Chitkara, J. 

On 29 May 2024, this Court had passed a detailed order and also arraigned the Union of India, Ministry of Telecommunication, Government of India through Secretary and added it as party respondent No.2 in the petition, and the matter was posted immediately after vacations, i.e., for 01-Jul-2024. The order dated 29-May-2024, as far as it relates to the Union of India, shall be read as part and parcel of this order.

2. However, in the mean me, the government has no filed the Telecommunications Act, 2023, which came into force on 26 Jun 2024.

3. Given this, no response is required from the Union of India.

4. Cybercrime has been affecting people across the Na on, irrespective of religion, region, education, or class. Newspapers, Magazines, YouTube channels, and social media are brimming with the ordeals of an uncountable number of innocent victims of cybercrime, and these reports cannot be brushed aside as agendas. Reference made to paragraphs 6 and 7 of the previous order dated 29 May 2024 which reads as follows:-

"6. In India, citizens contend with the pervasive threat of cybercrime, leading to a heightened sense of vigilance and caution. This apprehension has led majority of people to refrain from answering calls from unfamiliar numbers, even when such communication may be necessary. The prevailing fear extends to the use of internet and mobile banking services, as individuals seek to safeguard themselves against potential cyber fraud. Consequently, this apprehension poses challenges as individuals strive to keep pace with the rapid advancements in technology and global connectivity. Complicating matters further is the reality that proficiency in technical knowledge or academic attainment does not necessarily confer Immunity against cyber threats, as cyber criminals often possess superior skills and tactics. Moreover, cyber-crime being a faceless borderless activity with multiple jurisdictional challenges, and the dearth of adequately trained and skilled investigators exacerbates the situation, emboldening these adept predators to exploit any opportunity for financial gain through extortion, manipulation, or thugee.

7. Additionally, cyber criminal activities have led to a global tarnishing of India's reputation, particularly through fraudulent operations conducted from Indian soil, targeting people overseas. These encompass a range of scams such as counterfeit tech support services, fraudulent Amazon and gift card schemes, insurance fraud, courier frauds, and the unlawful conversion of cyber proceeds into cryptocurrencies like Bitcoin. Notably, a considerable proportion of these illicit endeavours are orchestrated via mobile devices. Following the exploitation of a certain number of victims, perpetrators routinely discard or deactivate their SIM cards, acquiring new ones to perpetuate their nefarious deeds. Disturbingly, reports suggest that these actors obtain prepaid SIM cards under not only their own identities but also those of unwitting individuals, o&en through deceitful means or even by remunerating for SIM card usage. Consequently, innocent individuals whose identities have been impersonated for obtaining these prepaid SIM cards frequently find themselves implicated as primary suspects. These innocent individuals, largely oblivious to their involvement, are confronted with accusations of complicity in financial crimes, notwithstanding their lack of activity associated with the phone numbers registered under their names. This dual predicament presents a considerable challenge whereby victims suffer financial losses while innocent parties endure unwarranted scrutiny and suspicion due to the unauthorized registration of SIM cards in their names."

5. Leaving uncovered milk in a cattery and threatening cats with a cage will only boil the people's rage.

6. Let the Secretary of Teleco