HC: Blanket freezing of bank accounts can infringe on individual's right to livelihood
Shimla, Nov. 4 -- Himachal Pradesh high court while holding that the blanket freezing of bank accounts in cybercrime investigations can seriously infringe an individual's right to livelihood, had directed the State Bank of India (SBI) to remove the complete debit freeze imposed on the salary account of a patwari while retaining a lien only on the disputed amount of Rs 21,000.
Justice Sandeep Sharma, while disposing of the petition filed by Shiv Singh directed the State Bank of India (SBI) to immediately lift the complete debit freeze imposed on the petitioner's salary account, while allowing the bank to maintain a lien or hold on the specific amount under investigation.
"If the investigating agency is permitted to issue blanket orders with regard to freezing of accounts, that too, without assigning any reasons, it can play havoc with the financial concerns of such account holders. In relation to small-time vendors, it can disrupt prospects of their mere existence. Hence, in such a situation, the investigating agency can always explore the possibility to mark lien on disputed amount, whenever it is identifiable should be explored as a more appropriate interim measure," ruled the high court bench.
The high court further clarified, "Though, law enforcement agency can issue orders for freezing bank accounts but not a salary account, which is the sole source of livelihood for a government employee and his family members, merely because of some incidental credit appearing in such an account".
The petitioner, a government employee working as a patwari, had approached the court after his salary account was frozen following cybercrime complaints originating from Thane in Maharashtra and Malkajgiri in Telangana.
According to the case, the petitioner had won Rs 21,000 through an online gaming application, Yono Games, and the amount was credited to his SBI salary account. The transaction was subsequently flagged during cyber crime investigations, leading to a complete debit freeze on his account.
The petitioner submitted that the freezing of his entire salary and savings had caused serious financial hardship, leaving him unable to meet routine household expenses, medical requirements, school fees and loan instalments....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.