New Delhi, Dec 25: In a landmark ruling, the Supreme Court has prohibited the Enforcement Directorate (ED) from accessing or duplicating content from electronic devices that were seized during investigations involving Santiago Martin, also known as the “lottery king,” along with his relatives and employees.
The Supreme Court’s directive, issued on December 13, was in response to a petition from Future Gaming and Hotels Services Pvt Ltd (FGHSPL) and Martin. This decision could prompt investigative agencies to reconsider the confiscation of mobile phones and laptops belonging to accused individuals.
It may also benefit others facing similar situations.
“Issue notice; meanwhile, ad-interim relief will be provided concerning prayer clauses (i) and (ii) of the interim relief application,” stated Justices Abhay S Oka and Pankaj Mithal.
The clauses request an immediate ex-parte order to prevent the ED and its officers from accessing the mobile phone of Applicant No. 2 (Martin) and the electronic devices belonging to Applicant No. 1’s employees. The bench has issued notices to the Centre, the ED, and its officers regarding the petition, scheduling a hearing for February 17, 2025, alongside other pending cases, including matters involving Amazon India employees and the 2023 Newsclick case, where petitioners have sought clearer guidelines for the seizure of digital devices by investigative bodies.
ED sources have indicated they are aware of the ruling, noting that there exists credible evidence beyond digital records that has been collected in this case.
The searches conducted in November across 22 locations in six states were a response to a complaint by the Meghalaya Police, alleging that Martin’s company, Future Gaming and Hotel Services Private Limited, was illegally monopolizing the lottery industry in the state. The operation also recovered ₹12.41 crore in cash.
Representatives for Future Gaming asserted that unfettered access to seized electronic devices constitutes a breach of privacy and fundamental rights. They emphasized that these devices contain sensitive personal and business-critical information, including financial data, medical records, passwords, and strategic documents. (Agencies)
