The Supreme Court has issued an interim order prohibiting the Enforcement Directorate (ED) from accessing or copying data from electronic devices seized during investigations into businessman Santiago Martin, popularly known as the “lottery king.”

Delivered on December 13 by a bench comprising Justices Abhay S. Oka and Pankaj Mithal, the order relates to devices confiscated during November raids on Martin, his family, and employees at 22 locations across six states.

These raids stemmed from a Meghalaya Police complaint alleging that Martin’s company, Future Gaming and Hotel Services Private Limited, monopolized the state’s lottery business unlawfully. The ED also seized Rs 12.41 crore in cash during the operation, according to The Indian Express.

Martin’s company, Future Gaming’s petition to the Supreme Court argued for safeguarding fundamental rights, particularly the right to privacy. It highlighted the sensitive and personal nature of data stored on electronic devices, calling for protections against unrestricted access by investigative agencies.

Responding to the petition, the Supreme Court directed the ED not to access or duplicate data from mobile phones belonging to Martin and other digital devices linked to his employees.

Additionally, the court stayed summons issued under the Prevention of Money Laundering Act (PMLA) requiring individuals to appear for the purpose of extracting data from these devices.

The case has been merged with similar legal challenges, including petitions from Amazon India employees opposing ED demands for their devices and the Newsclick case, which seeks definitive guidelines for the seizure of electronic devices by the Delhi Police.

These collective cases are expected to set crucial legal precedents governing the seizure and use of personal electronic data in investigations.

Future Gaming, has also come under scrutiny for its purchase of now-discontinued electoral bonds totalling Rs 1,368 crore between 2019 and 2024.

Beneficiary data revealed that the Trinamool Congress received Rs 542 crore, the largest share, followed by the Dravida Munnetra Kazhagam (DMK) with Rs 503 crore. Other recipients included the YSR Congress (Rs 154 crore) and the BJP (Rs 100 crore). According to a report by NDTV, 37% of the company’s bond purchases benefited the DMK.

Senior officials from the ED told The Indian Express that the Supreme Court’s order as “unprecedented” but maintained that it would not derail their investigation, citing the availability of other significant evidence against Martin. They emphasized adherence to the CBI Manual on Search and Seizure of Digital Evidence and noted the attachment of properties worth Rs 622 crore linked to Future Gaming as part of the probe.

The petition further outlined the sensitive nature of data stored on electronic devices, including financial records, medical details, passwords, and business strategies.

Senior advocate Mukul Rohatgi, also representing Future Gaming, informed the court that the company had paid Rs 28,205 crore in Goods and Services Tax (GST) related to its lottery business operations.

The Supreme Court has scheduled a detailed hearing for February 17, 2024, to deliberate on this case alongside related petitions.

The outcomes are expected to shape landmark rulings on balancing the investigative powers of agencies with the fundamental right to privacy in India.