Sulfikar vs. Union Of INDIA
Held
The Court, following its precedent in Dr.Sajeer v. Reserve Bank of India, directed the bank to request the police to specify the amount to be frozen within one month. If no specific amount is provided within two months, the bank must allow full transactions. If a full freeze is requested with reasons, it can continue for eight months, after which the petitioner can approach the court again.
Facts
The petitioner's bank account was subjected to a complete and blanket debit freeze by police authorities, without specifying the amount to be frozen or the duration of the freeze. The petitioner, who holds a GST registration, challenged this indefinite freeze as an affront to their rights and livelihood.
Key Issues
The key legal issue was the validity of a blanket and indefinite debit freeze on a bank account by police authorities without specifying an amount or duration, and balancing this with the account holder's right to livelihood.
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 DEVAN RAMACHANDRAN FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945 WP(C) NO. 5400 OF 2024 PETITIONER: SULFIKAR AGED 37 YEARS S/O. PATHUMMA N.A., 6/255/B, AMBALATH HOUSE, VATTAMAVU ROAD, VALLISSERY, AVINISSERY, THRISSUR DISTRICT -, PIN – 680306. 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 SOUTH INDIAN BANK (SIBL0000376) ALKA BUILDING, ROUND NORTH, THRISSUR., REPRESENTED BY BRANCH MANAGER, PIN – 680001 BY ADVS. SUNIL SHANKAR A VIDYA GANGADHARAN(K/000424/2020) SRI.S.MANU, DSGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5400 OF 2024 -2- JUDGMENT In matters relating to the freezing of accounts, th
The judgment continues below.
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