A bank account cannot be frozen indefinitely based on informal electronic communications or portal alerts without a formal order from a competent statutory authority and adherence to the principles of natural justice, as it violates the right to property and livelihood.

O R D E R:

Petitioner is stated to have opened savings account with the 5th respondent - Post Office bearing A/c No.051810432605; since the date of opening, he never deposited amount into the account except the initial opening amount, and all other transactions reflected in the account statement were deposits made by strangers not known to him. It is stated, petitioner was cultivating paddy and cotton crops and after completion of cultivation, he sold cotton to Cotton Corporation of India (CCI) at Thirumalagiri Market Yard, Suryapet District for Rs.1,50,228/- and Tak Patti No.305102000590 dated 23-12-2023 was issued; he was also informed that sale proceeds would be directly transferred to his account after one month.

1.1. Petitioner contends that Thirumalagiri Market Yard transferred Rs.1,50,228/- on 23-01-2024 into petitioner’s account bearing No.051810432605 maintained with the 5th respondent Post Office. After transfer of the said amount, petitioner went to Post Office on 13-02-2024 to withdraw the amount. However, the officials of the Post Office refused permission to withdraw and informed that his account was freezed on the instructions of Cyber Crime. Petitioner was shocked by the said action and requested the officials to permit withdrawal of the amount. However, they refused and directed him to get the criminal case closed or obtain directions from the concerned Court for de-freezing of the account.

1.2. It is stated, petitioner did not receive any notice, order or communication from the respondent Post Office before freezing the account. respondents, being public servants, ought to have assigned reasons for freezing or holding the account. It was alleged that without assigning any reasons and without giving an opportunity of hearing, they straightaway freezed petitioner’s account. Due to freezing of account, petitioner was unable to deposit or withdraw any amount from the said account. It is further stated when petitioner requested respondents to furnish a copy of the e-mail or document on the basis of which the account was freezed, they did not furnish any such copy. Hence the Writ Petition.

2. In the counter filed by Respondent No.6, it is stated that India Post Payments Bank Limited is a public limited company wholly owned by the Government of India; freezing of petitioner’s account was undertaken strictly in compliance with Law Enforcement Agency (LEA) policies and prevalent practices followed by the respondent bank in public interest. It is further stated, petitioner maintains account No.051810432605 at Hyderabad Branch of India Post Payments Bank Ltd. and a separate legal entity from the Department of Posts. Petitioner’s Account No.051810432605 was marked as Debit Freeze on 18-01-2024 pursuant to complaints received on National Cyber Crime Reporting Portal (NCCRP) from Law Enforcement Agencies of multiple States.

2.1. It is further stated that e-mail communication was received from ADAJAN POLICE STATION CYBER CRIME on 26-01-2024 from e-mail ID polstn-adajan-sur@gujarat.gov.in instructing the bank to freeze the account. E-mail communication was received from ICICI Bank on 18-01-2025 from INVTGTXNMT/CARTMG/IBANK/HYD through e-mail ID invtgtxnmtg@icicibank.com requesting to hold the disputed transactions in petitioner’s account.

2.2. It is admitted that Rs.1,50,228/- was credited into petitioner’s account on 23-01-2024. It was reiterated that debit freeze was marked