Spell out steps to curb cybercrime via phone: Punjab and Haryana High Court to Telecom Secretary

Saurabh Malik

Chandigarh, July 3

The Punjab and Haryana High Court today said cybercrime was affecting people across nation, irrespective of religion, education, or class. Newspapers, magazines, YouTube channels and even the social media were brimming with the ordeals of countless innocent victims and these reports could not be brushed aside as “agendas”.

“Leaving uncovered milk in a cattery and threatening cats with a cage will only boil the people’s rage,” Justice Anoop Chitkara asserted, while asking the Union Telecommunications Secretary to deliberate on the issue before coming out with a report on steps and suggestions to “eliminate or at least limit the SIM and phone-based cyber-crimes”.

Urgently need a strategy

• The HC has said the Union Telecommunications Secretary is required to address the escalating issue of fraudulent activities facilitated through pre-paid SIM cards and deceptive marketing companies
• It also stressed the urgent need for a comprehensive strategy to curb such activities, including fraudulent authorisation of OTPs via voice using VPNs

Justice Chitkara made it clear that the Secretary was required to address the escalating issue of fraudulent activities facilitated through pre-paid SIM cards and deceptive marketing companies. The Bench also emphasised the urgent need for a comprehensive strategy to curb such activities, including fraudulent authorisation of OTPs via voice using VPNs.

The directions came just over a month after the high court called for a transformative change in telecommunication policy limiting the number of prepaid SIM cards to one per individual. The exceptional proposition was aimed to disconnect the society from the growing menace of cybercrime. Directions were also issued to the officer concerned in the Union Ministry of Telecommunication to file response on an affidavit.

As the matter came up for resumed hearing, Justice Chitkara asserted the government between the previous and the fresh date of hearing notified the Telecommunications Act of 2023. It came into force on June 26. As such, response was not required from the Union of India.

“Let the Secretary of Telecommunication, Government of India, deliberate on the issue of cybercrime that takes place by using pre-paid SIM cards and also by fraudulent marketing companies by using mobiles and landlines, fraudulent authorization of OTP through voice using VPN, etc.,” Justice Chitkara asserted. The secretary was also asked to submit his report to the Secretary, Home, Government of India, with a copy to the Union Cabinet Secretary “positively by July 31”.

The directions came on a petition by a Madhya Pradesh resident confined in Hisar Central Jail on allegations of facilitating cybercrime by activating and supplying SIM numbers to co-accused. The Bench was told that 35 SIM cards were issued in his name; 12 were still active. “Why does the Ministry of Telecommunication permit individuals, firms, or companies to acquire multiple prepaid SIM cards under their name? Given the Aadhaar Card is exclusively linked to a single SIM card for OTP generation, there seems to be no justification for the issuance of multiple prepaid SIM cards?” Justice Chitkara questioned