IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.Jayachandran,
Mohammed Saifullah – Appellant
Versus
Reserve Bank of India, Rep. by its Governor – Respondent
Based on the legal document provided, here are the key points with their corresponding references:
ORDER :
G. Jayachandran, J.
The issue by many of the citizens currently face is the freezing of the account on instruction from the local Police or from the National Cyber Crime Reporting Portal. Many a times, the account holders have been taken into surprise that by such order of freezing, before they could realize as to why and for what purpose the accounts are freezed, enough damages are caused to their day to day financial life, since the very life- line of the business gets severed by such unilateral orders of account freezing passed by the Police.
2. No doubt, the statutes empower the investigation agency to request the Bank to freeze the account pending investigation and intimate it forthwith to the jurisdiction Court, but whether the power is properly exercised or not is the moot question now looming large and in the several judgments of the Courts across the India, it had been categorically held that there cannot be freezing of account perpectually without intimating the account holders what for their account is freezed and what extent it has to be freezed. Even then, day in and day out, this Court receives applications to defreeze the account pointing out the failure of the
Freezing of bank accounts must follow due process, ensuring transparency and protection of individuals' financial rights, especially during investigations.
Freezing bank accounts entirely without quantifying disputed amounts violates fundamental rights; only disputed amounts should remain on hold.
Freezing an entire bank account without evidence linking the account holder to a crime violates the right to livelihood; only specific amounts should be frozen with proper justification.
Un-freezing of account - Notice quashed - Unless and until there is a strong suspicion against the petitioners, police would not be justified in freezing account belonging to petitioners. For, such f....
Freezing bank accounts without direct nexus to alleged offences violates the fundamental right to carry on business under Article 19(1)(g) of the Constitution.
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