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1987 Supreme(Del) 228

S.RANGANATHAN, H.C.GOEL
SWARAN SABHARWAL – Appellant
Versus
COMMR. OF POLICE – Respondent


Advocates Appeared:
Hema Kohli, MAHESHWAR DAYAL, P.N.LEKHI

S. RANGANATHAN, J.

( 1 ) THE petitioner Ms. Swaran Sabharwal is the wife of Shri Ram Swarup. She maintains a savings bank account with the American Express International Banking Corporation (respondent No. 4), the number of the account being 1656. Her grievance in the writ petition is that the above savings account has been frozen at the instance of respondent. It is alleged that she has not even been supplied with a copy of the order freezing her account, but that respondent No. 4 is refusing to permit her to operate on her account because of such a prohibitory order from respondent No. 2.

( 2 ) IT is now common ground that the Deputy Commissioner of Police, Special Branch, Delhi (respondent No. 2) has issued to the manager of the American Express Bank a letter dated 31-10-1985. The subject matter of the letter as set out in the letter reads thus :

"regarding ceasing of account in r/o Sh. Ram Swarup s/o - arrested in case FIR No. 216 dated 23-9-1985 u/ss. 3, 4 and 5, 7 of Official Secrets Act read with 120-B IPC, P. S. Tughlaq Road, Delhi. "the memorandum proceeds to state :

"i am to inform you that Mr. Swaran Sabharwal s/o Ram Swarup Holder of Bank Account No. 1656 has been arreste










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