Mujeeb Rahman v. Union of India & others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **THURSDAY, THE 30[TH] DAY OF MAY 2024 / 9TH JYAISHTA, 1946 WP(C) NO. 15274 OF 2024** ## **PETITIONER:** **MUJEEB RAHMAN AGED 40 YEARS S/O- HAVVA UMMA, POTHUMKATTIL HOUSE, VALIYAKAVIL, PULPATTA, MALAPPURAM, PIN - 676123** **BY ADVS. T.S.SARATH MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) SAMEER M NAIR JOTHISHA K.A. SAILAKSHMI MENON AASHI K. SHAJAN SMT.AKHILA B.** ## **RESPONDENTS:** - **1 UNION OF INDIA MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI, REPRESENTED BY ITS HOME SECRETARY HM@MHA.GOV.IN, PIN - 110001** - **2 NATIONAL CYBER CRIME REPORTING PORTAL REPRESENTED BY ITS NODAL CYBER CELL OFFICER, OFFICE OF THE ADDITIONAL DIRECTOR GENERAL OF POLICE, CID, 4TH FLOOR, POLICE BHAVAN, SECTOR - 18, GANDHINAGAR, GUJARAT CC-CID@GUJARAT.GOV.IN, PIN - 382018** - **3 NATIONAL CYBER CRIME REPORTING PORTAL REPRESENTED BY ITS NODAL CYBER CELL OFFICER, ADDITIONAL DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM ADGPCRIMES@KERALAPOLICE.GOV.IN, PIN - 695010** - **4 NATIONAL CYBER CRIME REPORTING PORTAL REPRESENTED BY ITS NODAL CYBER CELL OFFICER, WORLD TRADE CENTRE, CENTRE - 1,BUILDING 32ND FLOOR, CUFFEE PARADE, MUMBAI CONTROL.CPAW-MAH@GOV.IN, PIN - 400005** ## **WP(C) NO. 15274 OF 2024 2** - **5 NATIONAL CYBER CRIME REPORTING PORTAL REPRESENTED BY ITS NODAL CYBER CELL OFFICER, POLICE HEADQUARTERS, LALKOTHI, JAIPUR CCPS-RAJ@NIC.IN, PIN - 302105** - **6 NATIONAL CYBER CRIME REPORTING PORTAL REPRESENTED BY ITS NODAL CYBER CELL OFFICER, 3RD FLOOR, LAKDIKAPOOL, HYDERABAD, TELANGANA. ADDLDGPCID@TSPOLICE.GOV.IN, PIN - 500004** - **7 INDIAN CYBERCRIME COORDINATION CENTRE REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, 5TH FLOOR, NDCC-II BUILDING, JAI SINGH ROAD, NEW DELHI CYBERDOST@MHA.GOV.IN, PIN - 110001** - **8 STATE OF GUJARAT REPRESENTED BY THE CHIEF SECRETARY, 5TH FLOOR, BLOCK NO. 1, SARDAR BHAVAN SACHIVALAYA, GANDHINAGAR,GUJURAT CHIEFSECRETARY@GUJURAT.GOV.IN, PIN - 382010** - **9 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM CHIEFSECY@KERALA.GOV.IN, PIN - 695001** - **10 STATE OF MAHARASHTRA REPRESENTED BY THE CHIEF SECRETARY, CHIEF SECRETARY OFFICE, HUTATMA RAJGURU CHOWK, MADAME CAMA ROAD, MANTRALAYA, MUMBAI DSCS@MAHARASHTRA.GOV.IN, PIN - 400032** - **11 STATE OF RAJASTHAN REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, JAIPUR, CSRAJ@RAJASTHAN.GOV.IN, PIN - 302005** **12 STATE OF TELANGANA REPRESENTED BY ITS CHIEF SECRETARY, BLOCK C, 3RD FLOOR, SECRETARIAT, TELANGANA, HYDERABAD CMO@TELANGANA.GOV.IN, PIN – 500022** **WP(C) NO. 15274 OF 2024 3** - **13 DIRECTOR GENERAL OF POLICE GUJARAT STATE POLICE BHAVAN, GANDHINAGAR SECTOR 18, GANDHINAGAR, GUJARAT DGP-GS@GUJARAT.GOV.IN, PIN - 382021** - **14 DIRECTOR GENERAL OF POLICE STATE POLICE HEADQUARTERS, VELLAYAMBALAM, THIRUVANANTHAPIURAM- KERALA. DGP@KERALAPOLICE.GOV.IN, PIN - 695010** - **15 DIRECTOR GENERAL OF POLICE NEAR THARWANI HERITAGE, SECTOR 7, KHARGHAR, NAVI MUMBAI, MAHARASHTRA DGPMD.MUMBAI@MAHAPOLICE.GOV.IN, PIN - 410210** - **16 DIRECTOR GENERAL OF POLICE, J-9, JHALANA INSTITUTIONAL AREA, JHALANA DOONGARI, JAIPUR DGP-RAJ@NIC.IN, PIN - 302004** - **17 DIRECTOR GENERAL OF POLICE LAKDIKAPUL ROAD, OPPOSITE RAVINDRA BHARATHI, RED HILLS, HYDERABAD, TELANGANA DGP@TSPOLICE.GOV.IN, PIN - 500004** - **18 STATION HOUSE OFFICER CYBER CRIME POLICE STATION, APANA BAZAAR, SECTOR 7/B, SECTOR 7, GANDHINAGAR, GUJARAT PISECTOR7@GUJARAT.GOV.IN, PIN - 382007** - **19 STATION HOUSE OFFICER CYBER CRIME POLICE STATION, FEROKH, PALAKKAD HIGHWAY, ANNUNNIPARAMBU, UP HILL, MALAPPURAM, KERALA SHOMPMPSMPM.POL@KERALA.GOV.IN, PIN - 676505** - **20 STATION HOUSE OFFICER KUMBATHARA, KONGAD, OTTAPALAM, PALAKKAD, KERALA SHOKONGDPSPKD.POL@KERALA.GOV.IN, PIN - 678631** - **21 STATION HOUSE OFFICER HINJEWADI PHASE 1 ROAD, HINJEWADI RAJIV GANDHI, INFOTECH PARK, HINJAWADI, PIMPRI- CHINCHWAD, MAHARASHTRA PSHINJEWADI.PCPC-MH@GOV.IN, PIN – 411057** **WP(C) NO. 15274 OF 2024 4** **22 STATION HOUSE OFFICER CYBER CRIME POLICE STATION, AJMER-JAIPUR EXPY, BHAKROTA, JAIPUR, RAJASTHAN PSBHANKROTAWEST@GMAIL.COM, PIN - 302026** - **23 STATION HOUSE OFFICER BACHUPALLY POLICE STATION, COMMUNITY HALL ROAD, WHISPER VALLEY, CYBERABAD, HYDERABAD, TELANGANA BCPY-CYBER-CYB@TSPOLICE.GOV.IN, PIN - 500090** - **24 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** **25 FEDERAL BANK OASIS TOWER, RAJIV GANDHI BYPASS ROAD, KARUVAMBRAM P O, MANJERI, MALAPPURAM REPRESENTED BY ITS BRANCH MANAGER KERALA MJR@FEDERALBANK.CO.IN, PIN - 676123** - **26 CANARA BANK MANJERI MAIN BRANCH, MERIDIAN COMPLEX, CH BYPASS, MANJERI KERALA. REPRESENTED BY ITS BRANCH MANAGER CB2439@CANARABANK.COM, PIN - 676123** **27 INDIAN OVERSEAS BANK 19/263-H, OPPOSITE NEW BUS STAND, MANJERI, MALAPPURAM, KERALA. REPRESENTED BY ITS BRANCH MANAGER MANJERIPR@KOZSCO.IOBNET.CO.IN, PIN - 676121** **SRI.SUNIL SHANKAR,SC SMT.VIDYA GANGADHARAN SMT.SANDHRA.S SRI. V. GIREESH KUMAR. CGC SRI. RAJEEV JYOTHISH GEORGE, GP SRI. MOHAN JACOB GEORGE, SC SRI. M. GOPIKRISHNAN NAMBIAR. SC.** **WP(C) NO. 15274 OF 2024 5** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 15274 OF 2024 6** **T.R. RAVI, J. --------------------------------------------** W.P.(C)No.15274 of 2024 -------------------------------------------Dated this the 30[th] day of May, 2024 ## **JUDGMENT** The petitioner is a holder of an account with the respondents Bank and their account has been frozen on intimation by Police Authorities. The Court had, at the time of admission, issued interim directions to restrict the freezing of the accounts to the amount which had been subject matter of the dispute, as per the intimation received from the Police authorities. The Bank has also taken action to that extent pursuant to the directions issued by this Court. In similar cases, this Court had after issuance of such interlocutory orders, closed the writ petitions with certain directions. Paragraph No.12 of the directions issued in _**Dr.Sajeer v. Reserve Bank of India [ 2023 KHC OnLine 661]**_ is extracted hereunder; “12. In fact, should the criminal enquiry found otherwise, it will be doubtful if the amounts in question could be even recovered from the petitioners, if they have received it as part of ## **WP(C) NO. 15274 OF 2024 7** bonafide or other valid transactions, unaware of it being proceeds of crime. In the conspectus of the above, I order these Writ Petitions with the following directions: a. The respondent Banks arrayed in these cases, are directed to confine the order of freeze against the accounts of the respective petitioners, only to the extent of the amounts mentioned in the order/requisition issued to them by the Police Authorities. This shall be done forthwith, so as to enable the petitioners to deal with their accounts, and transact therein, beyond that limit. b. The respondent – Police Authorities concerned are hereby directed to inform the respective Banks as to whether freezing of accounts of the petitioners in these Writ Petitions will require to be continued even in the afore manner; and if so, for what further time, within a period of eight months from the date of receipt of a copy of this judgment. c. On the Banks receiving the afore information/intimation from the Police Authorities, they will adhere with it and complete necessary action – either continuing the freeze for such period as mentioned therein; or withdrawing it, as the case may be. d. If, however, no information or intimation is received by their Banks in terms of directions (b) above, the petitioners or such among them, will be at full liberty to approach this Court again; for which purpose, all their contentions in these Writ Petitions are left open and reserved to them, to impel in future.” This writ petition is disposed of with the above said directions. Sd/- **T.R.RAVI JUDGE** LEK ## **WP(C) NO. 15274 OF 2024 8** ## **APPENDIX OF WP(C) 15274/2024** ## **PETITIONER EXHIBITS** - **Exhibit P1** **A TRUE COPY OF THE COMPLAINT DETAILS DATED 21-09-2023 THAT THE PETITIONER IS A SUSPECT IN AN ONLINE TRANSACTION** - **Exhibit P2 A TRUE COPY OF THE COMPLAINT DETAILS DATED 01-11-2023 THAT THE PETITIONER IS A SUSPECT IN AN ONLINE TRANSACTION** - **Exhibit P3 A TRUE COPY OF THE COMPLAINT DETAILS DATED 01-11-2023 THAT THE PETITIONER IS A SUSPECT IN AN ONLINE TRANSACTION** - **Exhibit P4 A TRUE COPY OF THE COMPLAINT DETAILS DATED 01-11-2023 THAT THE PETITIONER IS A SUSPECT IN AN ONLINE TRANSACTION** - **Exhibit P5 A TRUE COPY OF THE NOTICE ISSUED BY THE 26TH RESPONDENT DATED 29-01-2024** - **Exhibit P6 A TRUE COPY OF THE NOTICE ISSUED BY THE 25TH RESPONDENT DATED 06-02-2024** - **Exhibit P7 A TRUE COPY OF THE TRANSACTION DETAILS OF THE PETITIONERS CANARA BANK TRANSACTION DETAILS** - **Exhibit P8 A TRUE COPY OF THE TRANSACTION DETAILS OF THE PETITIONERS FEDERAL BANK TRANSACTION DETAILS**