Why SC barred ED probe of 'lottery king' Santiago Martin's laptop, device

The Enforcement Directorate is investigating money laundering charges against Santiago Martin, who made headlines for being the largest political donor through electoral bonds between 2014-19

The Supreme Court has directed the Enforcement Directorate (ED) to halt its probe into electronic devices, including laptops, belonging to ‘lottery king’ Santiago Martin, chairman of Future Gaming and Hotels Services Pvt Ltd, facing money laundering allegations. This temporary relief was granted as the apex court considered the broader issues involved in the case, according to a report by The Indian Express.

 

The top court awarded interim relief to Martin, on its lawyer's argument that unrestricted access (of ED) to seized devices violates privacy and fundamental rights, as they contained personal, business-critical data, including financial details, medical records, passwords, and strategic documents. The court has also put on hold summons issued to Martin for two months.

 

 

Who is Santiago Martin?

Santiago Martin, often referred to as the ‘lottery king’, is an entrepreneur who made headlines earlier this year for being the country’s largest donor through electoral bonds. According to data from the Election Commission and State Bank of India, Martin’s company, Future Gaming and Hotel Services, purchased bonds worth Rs 1,368 crore between April 2019 and January 2024. He donated across party lines.

 

According to the Martin Charitable Trust website, Martin came from humble beginnings as a labourer in Myanmar, going on to found Martin Lottery Agencies Ltd in Coimbatore. His lottery business success brought him widespread recognition, earning him the moniker ‘Lottery Martin’ and ‘Lottery King’.

 

From Coimbatore, Martin expanded his operations into Karnataka, Kerala, and later to northeastern states such as Sikkim, Meghalaya, and Arunachal Pradesh. His business diversified significantly, with interests in real estate, healthcare, education, casinos, agro-business, and even Tamil cinema.

 

Money laundering charges

Martin has been under investigation by the ED for alleged violations of the Prevention of Money Laundering Act (PMLA). The case pertains to suspected financial irregularities and laundering activities linked to his extensive lottery business network across multiple states. In November the ED raided multiple properties linked to Martin in Chennai and other places.

 

During the course of the investigation, the ED seized electronic devices, including laptops and other gadgets, as part of its efforts to gather evidence.

 

Martin challenged this move, arguing that the seizure and subsequent examination of his personal devices infringed upon his fundamental rights, including the right to privacy.

 

Why did the SC put a hold on the search?

In its recent order, the Supreme Court has barred the ED from unlocking and examining Martin’s electronic devices. The court emphasised the need to balance investigative requirements with the rights of the individual under scrutiny. It observed that the legal questions surrounding the admissibility of such evidence and the methods of obtaining it required further deliberation.

 

The decision comes as part of a larger debate on the extent to which investigative agencies can access personal devices without breaching constitutional protections.

 

Impact of SC intervention on case

While the ED’s broader investigation into Martin’s financial dealings continues, the Supreme Court’s directive limits the agency’s access to potentially critical digital evidence. This may impact the progress of the probe in the short term, although the final verdict on whether the devices can be examined will depend on the court’s interpretation of legal safeguards.

 

Other cases and controversies of Martin

This is the latest of a series of controversies Martin has been embroiled in. In 2008, he was accused of defrauding the Sikkim government of Rs 4,500 crore in a lottery scam.In 2019, the ED alleged that Martin’s company had illegally retained unsold lottery tickets to claim top prizes, earning Rs 910 crore.

 

During J Jayalalithaa’s tenure as Tamil Nadu chief minister, Martin also faced land-grabbing charges but was released on bail after the High Court quashed his detention.