Muhammed Asif Pi vs. 1. Federal Bank, Chowara Branch
Held
The Court, following previous judgments, directed the banks to unfreeze the petitioners' accounts if no further orders from competent authorities or courts are received within a specified period (e.g., one month). It also allowed petitioners to submit representations to the investigating agencies for unfreezing their accounts.
Facts
Multiple petitioners approached the High Court seeking to unfreeze their bank accounts, which were blocked by various banks based on instructions from cyber crime police stations across different states. The freezing orders were issued in connection with alleged cyber fraud or illegal transactions, often without prior notice or opportunity for the account holders to be heard.
Key Issues
The primary legal issue was the legality of freezing bank accounts by police authorities in cyber crime cases without following due process, including issuing prior notice to the account holders, and the appropriate remedy for such account holders.
Sections Cited
None
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 11920 OF 2024 PETITIONER: AJNAS AHAMED T AGED 21 YEARS, THURUVAYIL HOUSE, MOOCHIKKAL, MEENADATHUR, TANALUR, MALAPPURAM, KERALA, PIN – 67630. BY ADVS. NESAMUDHEEN E.ADITHYAN SAFA C.M. RIBIN LAL S RESPONDENTS: 1 UNION OF INDIA, MINISTRY OF HOME AFFAIRS, REPRESENTED BY ITS HOME SECRETARY NORTH BLOCK, NEW DELHI, PIN – 110001. 2 STATE OF KERALA, REP BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 3 KOTAK MAHINDRA BANK LIMITED REPRESENTED BY ITS MANAGER GROUND FLOOR, NO.235/3 AND 235/4, NEAR SABKA HOTEL, RING ROAD, TIRUR, MALAPPURAM, KERALA 09308TIRURREFERRAL@KOTAK.COM, PIN – 676101. 4 CYBER CRIME POLICE JALARAM RD, IRRIGATION COLONY, KAPADIA CHAL, VALSAD, GUJARAT CYBER-VAL@GUJARAT.GOV.IN, PIN – 396001. 5 STATE POLICE CHIEF GUJARAT FIRST FLOOR, POLICE BHAVAN, SECTOR 18, GANDHINAGAR, GUJARAT, PIN – 382021. 6 NATIONAL CYBER CRIME REPORTING PORTAL REPRESENTED BY ITS NODAL CYBER CELL OFFICER - GUJARAT, SP OFFICE - CHHOTAUDEPUR, GHELVANT, GUJARAT CC- CID@GUJARAT.GOV.IN, PIN – 391165. WP(C) NO. 11920 OF 2024
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