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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
David Narzary S/o Niren Narzary – Appellant
Versus
Reserve Bank of India – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. F. Hoque, learned counsel appearing on behalf of the petitioner. Also heard Mr. M. Sarmah, the learned counsel for the respondent No.3 and Mr. J. Handique, the learned counsel appearing on behalf of the respondent No.4.
2. The case of the petitioner herein is that the petitioner is a businessman by profession and running a business firm in the name of ‘D. S. Store’. For the said purpose, the petitioner is maintaining a Current Account bearing A/C No.8065279097 with the respondent Indian Bank (Allahabad Bank) and he had approximate balance of Rs.3,09,619.38/- as on 04.11.2025. But on 04.07.2025 and 05.07.2025, a total amount of Rs.47,700/- deposited in his said Bank Account through 12 numbers of online transactions from unknown sources without the knowledge of the petitioner. It is the further case of the petitioner that while in the first week of September, 2025, the petitioner wanted to withdraw some money from his Bank Account, the petitioner came to know from the Bank that his said account was put on hold because of Cyber Police Complaint Nos. 30207250010500, 32407250022165, 31607250081920, 31907250131674, 31907250131674, 31307250047414,
The court established that freezing bank accounts without proper notice infringes fundamental rights and requires a balance between investigation interests and the rights of innocent account holders.
Fundamental rights protect against arbitrary freezing of bank accounts without notice; courts must balance the rights of account holders with the necessities of investigations.
The freezing of bank accounts must balance the rights of account holders against investigatory needs, ensuring no arbitrary restrictions are imposed without due process.
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