Sulfikar vs. Union Of INDIA
Held
The Court directed the respondent bank to limit the freeze on the petitioner's account strictly to the amount specified in the police requisition, allowing access to funds beyond that limit. Police authorities were instructed to inform the bank within eight months if the freeze needs continuation, failing which the petitioner can seek further relief.
Facts
The petitioner's bank account was frozen by the respondent bank based on a requisition from police authorities. The petitioner, a GST registered firm, challenged the blanket freeze on their account, arguing it was disproportionate.
Key Issues
The key legal issue was the permissible extent of a bank account freeze initiated by police authorities, specifically whether a blanket freeze is justified or if it should be limited to the amount under investigation.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 11TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945 WP(C) NO. 5396 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 FEDERAL BANK OF INDIA, KUNDANNOOR BRANCH (FDRL0002003) JOHNS ARCADE, MARADU, KUNDANNOOR, ERNAKULAM DISTRICT, PIN – 682301. 5 THE DIRECTOR GENERAL OF POLICE GUJARAT STATE POLICE BHAVAN, GANDHINAGAR SECTOR 18, GANDHINAGAR, GUJARAT - (EMAIL:GS@GUJARAT.GOV.IN), PIN – 382009. SRI.S.MANU, DSGI SRI.P.PAULOCHAN ANTONY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2024, THE COURT ON
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