‘Lottery King’ Money Laundering Case: Supreme Court Bars ED From Accessing, Copying Data From Santiago Martin’s Laptop and Mobile Phones
The Supreme Court has barred the Enforcement Directorate from accessing and copying data from Santiago Martin’s mobile phones and laptops in a money laundering case, citing privacy concerns and the need for clear guidelines.
Mumbai, December 25: the Supreme Court has restricted the Enforcement Directorate (ED) from accessing and copying content from electronic devices seized during searches in connection with alleged illegal lottery operations by "lottery king" Santiago Martin and his associates. The searches, conducted in November across 22 locations in six states, followed a complaint by Meghalaya Police accusing Future Gaming and Hotel Services Private Limited of unlawfully dominating the lottery business in the state, with Rs 12.41 crore in cash recovered during the raids.
On December 13, the Supreme Court issued a two-page order directing that the Future Gaming case be heard alongside other connected cases, including those involving Amazon India employees and the Newsclick case. The petitioners sought protection of their constitutional rights, particularly the right to privacy, arguing that information stored on personal devices like laptops and phones is deeply personal and revealing and should not be seized without clear guidelines. Santiago Martin on ED Radar: Enforcement Directorate Launches Fresh Raids Against ‘Lottery King’ in Chennai as Parts of Money Laundering Probe.
The Supreme Court has issued a restraining order preventing the Enforcement Directorate (ED) from accessing or copying data from Santiago Martin's mobile phone and the electronic devices of his company's employees. The court also stayed the summons issued under the Prevention of Money Laundering Act (PMLA) that required individuals to appear for data extraction from their devices. While ED officials called the order "unprecedented," they downplayed its impact, stating they still had "other significant material evidence" against Martin. They emphasized they were following the CBI Manual on Search and Seizure of Digital Evidence. Santiago Martin Raided: ED Conducts Raids at Residences of ‘Lottery King’, His Son-in-Law Aadhav Arjuna in Coimbatore and Chennai.
Future Gaming's petition details 12 categories of electronic devices seized during the ED's search. These include 17 mobile phones, primarily with dual SIMs, hard disks containing "data dumps," pen drives, and email backups confiscated from Santiago Martin, his family, and senior staff members.
The petition emphasizes that there is no established procedure for the unrestricted seizure of electronic devices and subsequent unlimited access, which could result in fishing or roving inquiries. It points out that mobile phones contain sensitive personal information, such as financial details, medical records, and passwords, while business-related data, strategies, and documents could also be compromised. This lack of clear guidelines raises concerns about privacy violations and improper use of seized data.
(The above story first appeared on LatestLY on Dec 25, 2024 12:22 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).