Jijor vs. Union Of INDIA
Held
The Court directed the bank to request the specific freeze amount from the police within one month. If the police specify an amount, the freeze is limited to that; if no information is received within two months, the account is to be unfrozen. A full freeze with reasons can continue for eight months, after which the petitioner can approach the court again.
Facts
The petitioner's bank account was frozen based on a police requisition that did not specify the exact amount to be held. The petitioner, whose firm holds a GST registration, sought relief against this indefinite freeze, citing a similar scenario in a previous judgment.
Key Issues
The key legal issue was the indefinite freezing of a bank account by a bank based on a police requisition that lacked a specific amount to be frozen, and the duration and conditions under which such a freeze could be maintained.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 24TH DAY OF JULY 2024 / 2ND SRAVANA, 1946 WP(C) NO. 5403 OF 2024 PETITIONER: JIJOR, AGED 41 YEARS, S/O. ARAVINDAKSHAN, 3/94/5, KAILATHUVALAPPIL HOUSE, VIDHYA NAGAR, PADUKKAD THURUTHU, THRISSUR, PIN - 680010 BY ADV VISHNUPRASAD NAIR RESPONDENTS: 1 UNION OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK, NEW DELHI REPRESENTED BY ITS HOME SECRETARY, PIN - 110001 2 INDIAN CYBERCRIME COORDINATION CENTRE REPRESENTED BY ITS CEO 5TH FLOOR, NDCC-II BUILDING, JAI SINGH ROAD, NEW DELHI, PIN - 110001 3 THE RESERVE BANK OF INDIA REPRESENTED BY THE DEPUTY GENERAL MANAGER, RBI, BAKERY JUNCTION, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA-, PIN - 695033 4 THE FEDERAL BANK, THRISSUR BRANCH (FDRL0001272) ALKA BUILDING, ROUND NORTH, THRISSUR, REPRESENTED BY BRANCH MANAGER, PIN – 680001 Addl.R5 CYBER CRIME CELL (LEA), CRIME BRANCH, UP POLICE COMMISSIONER, AGRA, UTTAR PRADESH. (Suo motu impleaded as per order dated 24.07.2024) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5403 OF 2024 2 JUDGME
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.