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2026 Supreme(Online)(Ker) 33276
IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.Abdul Hakhim, J
Mubasheer V P – Appellant
Versus
State Of Kerala – Respondent
WP(C) NO. 46254 OF 2025
For the Appellants/Petitioners: M.P.Priyeshkumar, Divya T.P., Adithya V.M.
When a bank account is frozen due to a cyber crime portal's request, the failure of the reporting authority to provide details of the requisition necessitates a court-mandated limit on the lien to protect the account holder's rights.
Headnote:The case involves a petition to unfreeze a bank account blocked at the instance of a national reporting portal. The court noted that identifying details and requisitioning authority information remained unavailable despite previous directions. Finding that the petitioner should not be left without a remedy due to administrative non-responsiveness, the court intervened to limit the freeze to the specific disputed amount. The court addressed the issue of whether a bank account can remain frozen indefinitely without the disclosure of the requisitioning authority or the legal basis for the hold. It reasoned that the failure of the nodal agency to provide information regarding the disputed funds necessitates a balance between protecting the investigation and the right of the account holder to access their funds. The Writ Petition is disposed of, directing the respondent bank to permit the operation of the account, limiting the lien to the specific disputed amount, and providing for the lifting of the lien if no further claims are registered within one year.
| Table of Content |
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| 1. mandatory release of frozen bank accounts when requisitioning details are withheld. (Para 1 , 2) |
JUDGMENT
1. Petitioner has filed this Writ Petition seeking direction to unfreeze his Bank Account. The learned Standing Counsel for the Respondent/Bank submitted that the disputed amount is Rs.7,464/-, but the details of the requisitioning authorities are not available with the Bank. Even though the DSGI was directed to get instructions from the NCRP as to the details of the requisitioning authorities and the amount involved, no instructions are forthcoming in spite of several postings. When the Bank Account of the Petitioner is frozen at the instance of the NCRP, it is the duty of the NCRP to provide the details of the requisitions to the Bank and the Petitioner for taking further action in the matter. Such details are not even provided to this Court. In such case, this Court has no other option than to dispose of the Petition without impleading the Requisitioning Authority; otherwise, the Petitioner will be left without any remedy.
2. Accordingly, this Writ Petition is disposed of, directing the Respondent Bank to permit the operation of the Account of the Petitioner, limiting the lien to Rs.7,464/- and further directing to lift the lien over the said amount of Rs.7,464/- if nobody has claimed the said amount within a period of one year.
