SC bars ED from accessing electronic devices of 'lottery king'

In a significant order, the Supreme Court has restrained the Enforcement Directorate from accessing and copying content from electronic devices seized during searches against Santiago Martin, also known as the 'lottery king', his relatives, and employees.

The apex court order of December 13 was passed on a petition of Future Gaming and Hotels Services Pvt Ltd (FGHSPL) and Martin and it may lead to re-think by investigative agencies before they decide to confiscate mobile phones or laptops of accused.

The order may come to aid other similarly placed accused.

"Issue notice, in the meanwhile, there will be ad-interim relief in terms of prayer clauses (i) and (ii) of the application for interim relief. The prayer clauses (i) and (ii) read thus: (i) Issue an ex-parte ad-interim order directing the Respondents (ED and its officers) not to access and copy the contents of Mobile phone of the Applicant No.2 (Martin) and the electronic devices belonging to the Applicant No 1's employees," a bench of Justices Abhay S Oka and Pankaj Mithal said.

The bench issued notices to the Centre, the ED and its officers on the petition and fixed it for hearing along with pending ones on February 17, 2025.

Other matters include Amazon India employees and the 2023 Newsclick case, where petitioners have sought guidelines for the seizure of digital devices by investigative agencies.

ED sources said they have seen the order and that there is other credible evidence recovered by them in the case apart from digital records.

The searches, conducted in November across 22 locations in six states, followed a complaint by the Meghalaya Police accusing Martin's company, Future Gaming and Hotel Services Private Limited, of illegally monopolising the lottery business in the state.

The operation also yielded Rs 12.41 crore in cash.

Lawyers for Future Gaming argued that unrestricted access to seized electronic devices amounted to a violation of privacy and fundamental rights.

They noted that the devices contained deeply personal and business-critical data, including financial details, medical records, passwords, and strategic documents.