Sanoop K P v Union of India & others

# `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. 8636 OF 2024 ``` ## `PETITIONER:` ``` SANOOP K P, AGED 39 YEARS, S/O CHANDRAN K P, KOOTTUMOOCHIPARAMBIL, KANJIRATTUKUNNU, THURAKKAL, MANJERI, MALAPPURAM, KERALA, PIN – 676121. ``` ``` 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. ATUL VINAYAK P.S. ``` ## `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, OFFICE OF THE ADDITIONAL DIRECTOR GENERAL OF POLICE, CID, 4TH FLOOR, POLICE BHAVAN, SECTOR - 18, GANDHINAGAR, GUJARAT CC-CID@GUJARAT.GOV.IN, PIN – 382018. ``` ``` 3NATIONAL 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. ``` ``` 4NATIONAL CYBER CRIME REPORTING PORTAL REPRESENTED BY ITS NODAL CYBER CELL OFFICER, POLICE HEADQUARTERS, LALKOTHI, JAIPUR CCPS-RAJ@NIC.IN, ``` ``` WP(C) NO. 8636 OF 2024 ``` ``` -2- ``` ``` PIN – 302015. ``` - `5 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.` - `6 STATE OF GUJARAT, REPRESENTED BY THE CHIEF SECRETARY, 5TH FLOOR, BLOCK NO. 1, SARDAR BHAVAN SACHIVALAYA, GANDHINAGAR, GUJURAT CHIEFSECRETARY@GUJURAT.GOV.IN, PIN – 382010.` - `7 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.` - `8 STATE OF RAJASTHAN REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, JAIPUR CSRAJ@RAJASTHAN.GOV.IN, PIN – 302005.` - `9 DIRECTOR GENERAL OF POLICE, GUJARAT STATE POLICE BHAVAN, GANDHINAGAR SECTOR 18, GANDHINAGAR, GUJARAT DGP-GS@GUJARAT.GOV.IN, PIN – 382021` - `10 DIRECTOR GENERAL OF POLICE STATE POLICE HEADQUARTERS, OLD COUNCIL HALL, SHAHEED BHAGAT SINGH MARG, MUMBAI -1, MAHARASHTRA DGPMS.MUMBAI@MAHAPOLICE.GOV.IN, PIN – 400001` - `11 DIRECTOR GENERAL OF POLICE, J-9, JHALANA INSTITUTIONAL AREA, JHALANA DOONGARI, JAIPUR DGP-RAJ@NIC.IN, PIN – 302004` - `12 STATION HOUSE OFFICER CYBER CRIME CELL, 7TH FLOOR, BLOCK - 2, KARMYOGI BHAVAN, SECTOR-10 A, GANDHINAGAR,` ``` WP(C) NO. 8636 OF 2024 ``` ``` -3- ``` ``` GUJARAT HELPLINE-CYBER-CID@GUJARAT.GOV, PIN – 382018. ``` ``` 13STATION HOUSE OFFICER, TULINJ POLICE STATION, CENTRAL PARK, NALLASOPARA EAST, VASAI VIRAR, MAHARASHTRA PI.TULINJ.MB-VV@MAHAPOLICE.GOV.IN, PIN – 401209. ``` ``` 14STATION HOUSE OFFICER JAIPUR POLICE STATION, OPPOSITE RAILWAY STATION, BARODIA SCHEME, GOBALBARI, JAIPUR, RAJASTHAN PSCYBERSPLCRIME.JPR@GOV.IN, PIN – 302016. ``` - `15 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. ``` ``` 16PUNJAB NATIONAL BANK KOOTHRAT TOWERS, COURT ROAD, MANJERI, MALAPPURAM, KERALA REPRESENTED BY ITS BRANCH MANAGER BO4311@PNB.CO.IN, PIN – 676121. ``` - `17 SOUTH INDIAN BANK` ``` GROUND FLOOR, K N TOWER, NILAMBUR ROAD, JASEELA JUNCTION, MALAPPURAM, KERALA, REPRESENTED BY ITS BRANCH MANAGER BR0047@SIB.CO.IN, PIN – 676121. ``` - `18 CANARA BANK` ``` 187/2 - 12, ATHIMANNIL COMPLEX, 1ST FLOOR, COURT ROAD, MANJERI REPRESENTED BY ITS BRANCH MANAGER CB0855@CANARABANK.COM, PIN – 676121. ``` ``` BY ADV P.A.AUGUSTINE SRI.SANTHEEP ANKARATH, SC SRI.S.MANU, DSGI, SRI.M.GOPIKRISHNAN NAMBIAR, SC SRI.SUNIL SHANKER, SC ``` ``` WP(C) NO. 8636 OF 2024 ``` ``` -4- ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 8636 OF 2024 ``` ``` -5- ``` ## `JUDGMENT` ``` 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 this case ``` ``` different from the one that was considered by ``` ``` this Court in the aforesaid judgment, is that the requisitions received by the Bank are ``` ``` stated to contain no particular amount, but seek a complete and blanket debit freeze of ``` ## `WP(C) NO. 8636 OF 2024` ``` -6- ``` ``` 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 Bank is now ``` ``` incapacitated from allowing the operation of the account of the petitioner because the ``` ``` requisition issued to them do not contain any particular amount, I am certain that this ``` ``` Court is enjoined to deal with this matter, sufficientlyprotectingboththe ``` ``` investigation, as also the account holders. I ``` ## `WP(C) NO. 8636 OF 2024` ``` -7- ``` ``` 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 this writ ``` ``` petition with the following directions: ``` ``` (a) The respondent Bank is directed to ``` ``` immediately issue a request to the Investigation Authority/Police Authority and ``` ``` seek the amount which is required to be kept ``` ``` in freeze or held in lien in the account of the petitioner. This shall be done by the Bank within a period of one month from the date of receipt of a copy of this judgment. ``` ## `WP(C) NO. 8636 OF 2024` ``` -8- ``` ``` (b) In the event that the Investigating Officer/Police Authority responds to the afore requisition and mentions a particular amount, as being the sum that is required to be kept frozen or held in lien, then the ``` ``` respondent Bank will confine the freeze/lien ``` ``` to such an extent and allow the petitioner/account holder to deal with his account and transact therein beyond that limit. ``` ``` (c) On the contrary, if no information is ``` ``` receivedfromthePolice ``` ``` Authority/Investigating officer within a ``` ``` period of two months from the date on which the afore requisition was made by the respondent Bank, then they will allow the petitioner/account holder to transact fully in his account, notwithstanding the debit ``` ## `WP(C) NO. 8636 OF 2024` ``` -9- ``` ``` 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, thentheBankwillinformthe ``` ``` petitioner/account holder accordingly and ``` ``` continue the freeze in such a manner for a ``` ``` further period of eight months thereafter. ``` ``` (e)If, after a period of eight months, ``` ``` the requisition made by the Police ``` ``` Authorities - either to a particular sum or ``` ``` the full amount in the account of the account holder - is not withdrawn, then the ``` ``` petitioner/account holder will be at full liberty to approach this Court again; for ``` ``` WP(C) NO. 8636 OF 2024 ``` ``` -10- which purpose, all contentions in this writ petition are reserved to him to be impelled in future. ``` ``` Sd/- ``` ``` DEVAN RAMACHANDRAN ``` ``` JUDGE ``` ``` akv ``` ``` WP(C) NO. 8636 OF 2024 ``` ``` -11- ``` ## `APPENDIX OF WP(C) 8636/2024` ## `PETITIONER EXHIBITS` ``` EXHIBIT P1 ``` - `A TRUE COPY OF THE COMPLAINT DETAILS RECEIVED FROM THE 12TH RESPONDENT DATED 09-05-2023 STATING, THAT THE PETITIONER IS A SUSPECT IN AN ONLINE TRANSACTION` - `EXHIBIT P2 A TRUE COPY OF THE EMAIL SENT BY THE 17TH RESPONDENT BANK DATED 15-11-2023 STATING, THAT THE PETITIONER IS A SUSPECT IN AN ONLINE TRANSACTION` - `EXHIBIT P3 A TRUE COPY OF THE NOTICE RECEIVED FROM THE 18TH RESPONDENT BANK DATED 29-01-2024 STATING, THAT THE PETITIONER IS A SUSPECT IN AN ONLINE TRANSACTION` - `EXHIBIT P4 A TRUE COPY OF THE STATEMENT OF TRANSACTION DETAILS DATED 30.01.2024 MADE FROM THE PETITIONER'S BANK ACCOUNT IN PUNJAB NATIONAL BANK, MANJERI, MALAPPURAM DISTRICT` - `EXHIBIT P4(A) A TRUE COPY OF THE STATEMENT OF TRANSACTION DETAILS FROM 19.09.2023 TO 02.02.2024 MADE FROM THE PETITIONER'S BANK ACCOUNT IN SOUTH INDIAN BANK, MANJERI, MALAPPURAM DISTRICT` - `EXHIBIT P4(B)` - `A TRUE COPY OF THE STATEMENT OF TRANSACTION DETAILS DATED 03.02.2024 MADE FROM THE PETITIONER'S BANK ACCOUNT IN CANARA BANK, MANJERI, MALAPPURAM DISTRICT`