Arif Kamal Thallachery vs. The Bank Manager, The Axis Bank Limited
Held
The Court acknowledged the urgency of the situation and the need for a balanced approach. It directed that any freezing of accounts should be done only after due process and that banks should not act solely on cybercrime portal alerts without proper verification.
Facts
Multiple petitioners, including individuals and cooperative banks, approached the High Court seeking relief concerning actions taken by banks, often in response to cybercrime complaints. These actions included freezing of bank accounts.
Key Issues
The primary issue was whether banks could unilaterally freeze accounts based on alerts from cybercrime portals without following established legal procedures, and the extent of their liability in such cases.
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Heard together (2 matters)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 26TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946 WP(C) NO. 10612 OF 2024 PETITIONER: YASMIN K.A AGED 46 YEARS W/O SULAIMAN, SEENATH(H), KODAKKATTUPOTTA, PARLI-II KINAVALLUR, KINAVALLUR P.O., PALAKKAD DISTRICT,KERALA, PIN – 678 612 BY ADVS. MUHAMMED AMEEN ISTINAF ABDULLAH RESPONDENTS: 1 FEDERAL BANK REPRESENTED BY THE GENERAL MANAGER, HEAD OFFICE, MARKET ROAD, PERIYAR NAGAR, ALUVA, KERALA, PIN – 683 101 2 BRANCH MANAGER FEDERAL BANK, KALLADIKODE BRANCH, TB JUNCTION, KALLADIKODE, PALAKKAD, KERALA, PIN – 678 596 3 SUPERINTENDENT OF POLICE CYBER CRIME CELL,B BLOCK, MINI SECRETARIAT, PATIALA, PUNJAB, PIN - 147001 4 THE NATIONAL CYBER REPORTING CRIME PORTAL, REP. BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS NEW DELHI, PIN – 110 001 5 STATE POLICE CHIEF, KERALA POLICE HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM, PIN – 695 104 SRI. MOHAN JACOB GEORGE,SC. SRI. SUNIL KUMAR KURIAKOSE. GP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2024, ALONG WITH WP(C).2432/2024, 2491/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10612
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