In the High Court of Kerala at Ernakulam - Batch WP(C) Nos. 41557/2023, 1374/2024, 2303/2024, 41005/2023

## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 15[TH] DAY OF MARCH 2024 / 25TH PHALGUNA, 1945 ``` ## `WP(C) NO. 41557 OF 2023` ## `PETITIONER:` ``` RAZAK R.C, AGED 55 YEARS, SON OF ABDU RAHIMAN KUTTY HAJI, RAROTHCHALIL HOUSE, KODUVALLY P.O, KOZHIKODE(DIST.), PIN – 673572. ``` ``` BY ADVS. V.S.MANSOOR AKHIL BINOY ``` ## `RESPONDENTS:` ``` 1THE BANK MANAGER, THE FEDERAL BANK LTD KODUVALLY BRANCH, IRIS TOWER, KODUVALLY, KOZHIKODE(DIST), PIN – 673572. 2STATION HOUSE OFFICER CYBER CRIME POLICE STATION, LB STADIUM RD, BAND COLONY, ADARSH NAGAR, HYDERABAD, TELANGANA, [EMAIL:- CYBERCELL2-HYD@TSPOLICE.GOV.IN], PIN – 500004. ``` ``` BY ADVS. MOHAN JACOB GEORGE P.V.PARVATHY (P-41)(K/000036/1991) REENA THOMAS(R-364) NIGI GEORGE(K/1169/2012) ANANTHU V.LAL(K/001233/2022) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2024, ALONG WITH WP(C).1374/2024, 2303/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) Nos.41557/2023, 1374/2024, 2303/2024, 41005/2023 ``` ``` -2- ``` ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ``` PRESENT ``` ## `THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN` ``` FRIDAY, THE 15[TH] DAY OF MARCH 2024 / 25TH PHALGUNA, 1945 ``` ## `WP(C) NO. 1374 OF 2024` ## `PETITIONER:` ``` SIRAJUDHEEN K.T., AGED 33 YEARS, S/O. ABDUL AZEEZ, MANNAMPARAMBIL HOUSE, PADINJATUMURI, KOOTILANGADI, MALAPPURAM DISTRICT, PIN – 676506. ``` ``` BY ADVS. K.RAKESH AMEEN HASSAN K. ``` ## `RESPONDENTS:` |`1`|`THE UNION OF INDIA`| |---|---| ||`REPRESENTED BY ITS SECRETARY,`| ||`MINISTRY OF HOME AFFAIRS,`| ||`NEW DELHI, PIN – 110001.`| |`2`|`THE RESERVE BANK OF INDIA`| ||`REPRESENTED BY ITS GOVERNOR, HEAD OFFICE,`| ||`MUMBAI, MAHARASTRA, PIN – 400029.`| |`3`|`THE STATE POLICE CHIEF,`| ||`POLICE HEAD QUARTERS, VAZHUTHACAUD,`| ||`THIRUVANANTHAPURAM, PIN – 695014.`| |`4`|`THE STATION HOUSE OFFICER,`| ||`PUTTENAHALLI POLICE STATION, BANGLORE CITY,`| ||`KARNATAKA STATE,`| ||`E MAIL: PUTTENAHALLIPSBCP@KSP.GOV.IN,`| ||`PIN - 560078`| ``` WP(C) Nos.41557/2023, 1374/2024, 2303/2024, 41005/2023 ``` **==> picture [22 x 9] intentionally omitted <==** ``` 5THE PUNJAB NATIONAL BANK KOOTHRAT TOWERS, COURT ROAD, MANJERI, MALAPPURAM DISTRICT, REPRESNTED BY ITS BRANCH MANAGER., PIN – 676121. ``` ``` BY ADVS.SRI. K.P. SUDHEER SRI.S.MANU, DSGI SRI.SUNIL KUMAR KURIAKOSE, GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2024, ALONG WITH WP(C).41557/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) Nos.41557/2023, 1374/2024, 2303/2024, 41005/2023 ``` ``` -4- ``` ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ## `THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN` ``` FRIDAY, THE 15[TH] DAY OF MARCH 2024 / 25TH PHALGUNA, 1945 ``` ## `WP(C) NO. 2303 OF 2024` ## `PETITIONER:` ``` AYISHA JAFNA K K, AGED 28 YEARS W/O. MUBASHIR, KALLIYAT KOZHISSERY, OMACHAPPUZHA, OZHUR, MALAPPURAM, PIN – 676320. ``` ``` BY ADVS. T.S.SARATH MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) SAMEER M NAIR JOTHISHA K.A. SAILAKSHMI MENON ``` ## `RESPONDENTS:` ``` 1UNION OF INDIA MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI, REPRESENTED BY ITS HOME SECRETARY HM@MHA.GOV.IN, PIN – 110001 ``` ``` 2NATIONAL CYBER CRIME REPORTING PORTAL, REPRESENTED BY ITS NODAL CYBER CELL OFFICER, CRIME INVESTIGATION DEPARTMENT, 1ST FLOOR, MANGALAGIRI, GUNTUR URBAN DISTRICT, HARYANA. ADGCID@AP.GOV.IN, PIN – 522503. ``` - `3 INDIAN CYBERCRIME COORDINATION CENTRE REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, 5TH FLOOR, NDCC-II BUILDING, JAI SINGH ROAD,` ``` WP(C) Nos.41557/2023, 1374/2024, ``` ``` 2303/2024, 41005/2023 ``` ``` -5- ``` ``` NEW DELHI CYBERDOST@MHA.GOV.IN, PIN – 110001. ``` - `4 STATE OF HARYANA REPRESENTED BY ITS CHIEF SECRETARY, 4TH FLOOR, CIVIL SECRETARIAT, SECTOR 1, CHANDIGARH CMHARYANA@NIC.IN, PIN – 160001.` - `5 DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, SECTOR-6, PANCHKULA, HARYANA POLICE@HRY.NIC.IN, PIN – 134109` - `6 SUPERINTENDENT OF POLICE POLICE LINE HISSAR, HISSAR, HARYANA SHOCYBERHSR.POL@HRY.GOV.IN, PIN – 125001` - `7 THE RESERVE BANK OF INDIA REPRESENTED BY THE DEPUTY GENERAL MANAGER, RBI, BAKERY JUNCTION, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA CMS.BOTRIVANDRUM@RBI.ORG.IN, PIN – 695033.` ``` 8KERALA GRAMIN BANK REPRESENTED BY ITS MANAGER, OZHUR BRANCH, KORAD ROAD, MALPPURAM KERALA. KGB649@KERALGBANK.COM, PIN – 676307. ``` ``` BY ADVS. JAWAHAR JOSE, SC SAFEER BAWA A.S.(K/002552/2022) SRI.S.MANU, DSGI ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2024, ALONG WITH WP(C).41557/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) Nos.41557/2023, 1374/2024, 2303/2024, 41005/2023 ``` ``` -6- ``` ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ## `THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN` ``` FRIDAY, THE 15[TH] DAY OF MARCH 2024 / 25TH PHALGUNA, 1945 ``` ``` WP(C) NO. 41005 OF 2023 ``` ## `PETITIONER:` ``` FARIS.E, AGED 30 YEARS S/O.SUFAIRA, ELLIKKOTTIL HOUSE, ANCHACHAVADI P.O, THATTANKUNNU, VELLAYUR VILLAGE, KALIKAVU, MALAPPURAM, PIN – 676525. ``` ``` BY ADV ANJANA KANNATH ``` ## `RESPONDENTS:` |`1`|`THE UNION OF INDIA,`| |---|---| ||`REPRESENTED BY ITS SECRETARY,`| ||`MINISTRY OF HOME AFFAIRS,`| ||`NEW DELHI -, PIN – 110001.`| |`2`|`THE RESERVE BANK OF INDIA`| ||`REPRESENTED BY ITS GOVERNOR, HEAD OFFICE,`| ||`MUMBAI, MAHARASHTRA -, PIN – 400029.`| |`3`|`NATIONAL CYBER CRIME REPORTING PORTAL`| ||`REPRESENTED BY ITS DIRECTOR,`| ||`NATIONAL HIGHWAY-8, MAHIPALPUR,`| ||`NEW DELHI, PIN – 110037.`| |`4`|`THE STATE POLICE CHIEF,`| ||`POLICE HEAD QUARTERS, VAZHUTHACAUD,`| ||`THIRUVANANTHAPURAM, PIN – 695014.`| |`5`|`THE AUTHORISED OFFICER`| ``` WP(C) Nos.41557/2023, 1374/2024, 2303/2024, 41005/2023 ``` ``` -7- ``` ``` CANARA BANK, WANDOOR BRANCH, BUSHRA BUILDING, MANJERI - WANDOOR ROAD, WANDOOR, MALAPPURAM -, PIN – 676552. ``` ``` BY ADVS. GOPIKRISHNAN NAMBIAR M K.JOHN MATHAI(K/413/1984) JOSON MANAVALAN(J-526) KURYAN THOMAS(K/131/2003) PAULOSE C. ABRAHAM(MAH/58/2006) RAJA KANNAN(K/356/2008) SRI.S.MANU, DSGI SMT.VIDYA KURIAKOSE, GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2024, ALONG WITH WP(C).41557/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) Nos.41557/2023, 1374/2024, 2303/2024, 41005/2023 ``` ``` -8- ``` ## `JUDGMENT` ``` [WP(C) Nos.41557/2023, 1374/2024, ``` ``` 2303/2024, 41005/2023] ``` ``` In matters relating to the freezing of accounts, this Court has already delivered a judgment inDr.Sajeer v. Reserve Bank of India [2024 (1) KLT 826]. ``` ``` 2.In the aforesaid judgment, certain ``` ``` directions were issued to the respective Banks, as also the Police Authorities, to continue the freeze for a certain period of time and only to the extent which was ``` ``` requisitioned by the Police. ``` ``` 3.However, what makes these cases ``` ``` different from the one that was considered by this Court in the aforesaid judgment, is that the requisitions received by the Banks are ``` ``` WP(C) Nos.41557/2023, 1374/2024, 2303/2024, 41005/2023 ``` ``` -9- ``` ``` stated to contain no particular amount, but seek a complete and blanket debit freeze of ``` ``` all the amounts in credit therein. ``` ``` 4.The legal issues and the imperatives ``` ``` involved have already been discussed by this Court in Dr.Sajeer(supra). A blanket freeze indefinitely, and without any period of time being stipulated by the Police, is certainly deleterious, not only to the account holders but also to the system as a whole; and the view in this regard of this Court is clearly ``` ``` reflected in Dr.Sajeer (supra). ``` ``` 5.However, since the Banks are now ``` ``` incapacitated from allowing the operation of the accounts of the petitioners because the requisitions issued to them do not contain any particular amounts, I am certain that ``` ## `WP(C) Nos.41557/2023, 1374/2024,` ``` 2303/2024, 41005/2023 ``` ``` -10- ``` ``` this Court is enjoined to deal with this matter, sufficiently protecting both the investigation, as also the account holders. I am persuaded to such course because, the blanket freeze of an account, if it is not imperatively necessary, will be an affront to ``` ``` the rights of the account holders and impinges even their right to livelihood, since, in this era, everyone relies upon ``` ``` banking transactions as the primary source. ``` ``` In the afore circumstances, following ``` ``` Dr.Sajeer(supra), I dispose of these writ ``` ``` petitions with the following directions: ``` - `(a) The respondent - Banks are directed` ``` to immediately issue a request to the ``` ``` Investigation Authority/Police Authority and seek the amounts which are required to be ``` ## `WP(C) Nos.41557/2023, 1374/2024,` ``` 2303/2024, 41005/2023 ``` ``` -11- ``` ``` kept in freeze or held in lien in the accounts of the petitioners. This shall be done by the Banks within a period of one month from the date of receipt of a copy of ``` ``` this judgment. ``` ``` (b) In the event that the Investigating ``` ``` Officer/Police Authority responds to the ``` ``` afore requisitions and mentions a particular amount, as being the sum that is required to be kept frozen or held in lien, then the ``` ``` respondent Banks will confine the freeze/lien ``` ``` to such an extent and allow the ``` ``` petitioners/account holders to deal with ``` ``` their accounts and transact therein beyond that limit. ``` ``` (c) On the contrary, if no information is receivedfromthePolice ``` ``` WP(C) Nos.41557/2023, 1374/2024, ``` ``` 2303/2024, 41005/2023 ``` ``` -12- ``` ``` Authority/Investigating officer within a ``` ``` period of two months from the date on which the afore requisitions were made by the respondent Banks, then they will allow the petitioners/account holders to transact fully in their accounts, notwithstanding the debit freeze requisition, subject to any further information to be received from the Police ``` ``` Authority/Investigating Officer in future. ``` ``` (d)As an alternative, if the response ``` ``` from the Police Authority/Investigating Officer is that the entire account be frozen for any reason that is mentioned therein, thentheBankswillinformthe ``` ``` petitioners/account holders accordingly and continue the freeze in such a manner for a further period of eight months thereafter. ``` ## `WP(C) Nos.41557/2023, 1374/2024,` ``` 2303/2024, 41005/2023 ``` ``` -13- (e)If, after a period of eight months, the requisitions made by the Police Authorities - either to a particular sum or the full amount in the accounts of the account holders - is not withdrawn, then the petitioners/account holders will be at full liberty to approach this Court again; for which purpose, all contentions in these writ petitions are reserved to them to be impelled in future. ``` ``` Sd/- ``` ``` DEVAN RAMACHANDRAN ``` ``` JUDGE ``` ``` akv ``` ``` WP(C) Nos.41557/2023, 1374/2024, ``` ``` 2303/2024, 41005/2023 ``` ``` -14- ``` ## `APPENDIX OF WP(C) 1374/2024` ## `PETITIONER EXHIBITS` ``` EXHIBIT P1A TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM THE 4TH RESPONDENT ``` ## `RESPONDENT EXHIBITS` ``` EXHIBIT R 5 ( A )TRUE COPY OF THE EMAIL COMMUNICATION DATED 15.1.2024 SENT BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT ``` ``` WP(C) Nos.41557/2023, 1374/2024, ``` ``` 2303/2024, 41005/2023 ``` ``` -15- ``` ## `APPENDIX OF WP(C) 2303/2024` ## `PETITIONER EXHIBITS` ``` EXHIBIT P1A TRUE COPY OF THE NOTICE DATED 29.12.2023 RECEIVED FROM THE 8TH RESPONDENT THAT THE PETITIONER IS A SUSPECT IN AN ONLINE TRANSACTION ``` ``` EXHIBIT P2A TRUE COPY OF THE LETTER DATED 13-12- 2023 ADDRESSED TO THE 8TH RESPONDENT ``` ``` EXHIBIT P3A TRUE COPY OF THE TRANSACTION DETAILS OF THE PETITIONER'S ACCOUNT ``` ``` WP(C) Nos.41557/2023, 1374/2024, 2303/2024, 41005/2023 ``` ``` -16- ``` ## `APPENDIX OF WP(C) 41005/2023` ## `PETITIONER EXHIBITS` ``` EXHIBIT P1TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO THE 5TH RESPONDENT DATED 29.11.2023 EXHIBIT P2TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN WP (C) NO.18199/2023 DATED 05.06.2023 ``` ## `RESPONDENT ANNEXURES` ``` ANNEXURE R5 (A)TRUE COPY OF THE EMAIL DATED 13.10.2023 FROM THE PS CYBER CRIME, ROHTAK TO THE BANK ``` ``` WP(C) Nos.41557/2023, 1374/2024, ``` ``` 2303/2024, 41005/2023 ``` ``` -17- ``` ## `APPENDIX OF WP(C) 41557/2023` ## `PETITIONER EXHIBITS` ``` EXHIBIT P1A TRUE PHOTOCOPY OF THE STATEMENT OF ACCOUNT ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT IN RESPECT OF ACCOUNT NO: 10590100039104 ``` ``` EXHIBIT P2A TRUE PHOTO COPY OF COMPLAINT DTD: 12/10/2023 RECEIVED BY THE 1ST RESPONDENT FROM 2ND RESPONDENT ``` ``` EXHIBITP P3A TRUE PHOTO COPY OF THE LETTER DTD: 18/10/2023, SENT BY1ST RESPONDENT TO PETITIONER ``` ``` EXHIBIT P4A TRUE PHOTOCOPY OF THE LETTER DTD: 31/10/2023 SENT BY THE 1ST RESPONDENT TO THE PETITIONER WITH REGARD TO THE CREDITOFRS7,26,246/-IN PETITIONER'S ACCOUNT ```