Kerala High Court
Rejila.T vs Reserve Bank Of India on 11 April, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 13245 OF 2024
PETITIONER:
REJILA.T
AGED 36 YEARS
KOPRAPPURAYIL, KANNAMPALLI BHAGAM, KAYAMKULAM PO,
ALAPPUZHA, PIN - 690502.
BY ADVS.
MOHEMED FAVAS
HASHARURAHIMAN U.
AFNAS MEERAN
RESPONDENTS:
1 RESERVE BANK OF INDIA
REPRESENTED BY ITS REGIONAL DIRECTOR, NO.6507,
BAKERY JUNCTION ROAD, NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM, KERALA, PIN - 695033.
2 THE FEDERAL BANK LTD (REPRESENTED THROUGH BRANCH
MANAGER)
KAYAMKULAM/COLLEGE JUNCTION BRANCH, KAYAMKULAM,
ALAPPUZHA, PIN - 690502.
SRI.V. GIRISH KUMAR, CGC.
SRI. MOHAN JACOB GEORGE, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, ALONG WITH WP(C).13134/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 13245 & 13134 OF 2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 13134 OF 2024
PETITIONER:
ASHRAF KANNIYAN
AGED 41 YEARS
S/O. MOIDEEN KANNIYAN, KANNIYATH HOUSE, KIDANGAZHI,
KARUVAMBRAM P.O., MANJERI, MALAPPURAM DISTRICT,
ACCOUNT NO.01803440000012 OF THE NILAMBUR CO-
OPERATIVE URBAN BANK, THRIKKALANGODE BRANCH, PIN -
676123.
BY ADV K.RAKESH
RESPONDENTS:
1 THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME
AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, 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
GITTIKHADAN POLICE STATION, NAGPUR CITY,
MAHARASHTRA,
E MAIL: [email protected], PIN - 440013.
5 THE STATION HOUSE OFFICER
CYBER CRIME POLICE STATION, RACHAKONDA
COMMISSIONERATE, L.B. NAGAR, HYDERABAD, E MAIL:
[email protected], PIN - 500074.
6 THE NILAMBUR CO-OPERATIVE URBAN BANK
THRIKKALANGODE BRANCH, MALAPPURAM DISTRICT,
REPRESENTED BY ITS BRANCH MANAGER, PIN - 679329.
WP(C) NO. 13245 & 13134 OF 2024
3
SRI. V. GIRISHKUMAR, CGC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.04.2024, ALONG WITH WP(C).13245/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13245 & 13134 OF 2024
4
T.R.RAVI.J
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[WP(C) Nos.13245/2024 & 13134/2024]
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Dated this the 11th day of April, 2024
JUDGMENT
In these cases, the petitioners are holders of accounts with different Banks and their accounts have been frozen on intimation by Police Authorities from different regions. 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 Banks have 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 WP(C) NO. 13245 & 13134 OF 2024 5 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 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 WP(C) NO. 13245 & 13134 OF 2024 6 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."
These writ petitions are also disposed of with the above said directions.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 13245 & 13134 OF 2024 7 APPENDIX OF WP(C) 13245/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE FIRST PAGE OF THE PASSBOOK OF THE PETITIONER'S SAVINGS ACCOUNT, HAVING ACCOUNT NO.
14760100160160.
Exhibit P2 A TRUE COPY OF THE TEXT MESSAGE SCREENSHOT COMMUNICATION FROM THE SECOND RESPONDENT TO THE PETITIONER.
Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 15/03/2024 PREFERRED BY THE PETITIONER BEFORE THE RESPONDENT NO. 2.
WP(C) NO. 13245 & 13134 OF 2024 8 APPENDIX OF WP(C) 13134/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE E-MAIL COMMUNICATION RECEIVED BY THE PETITIONER FROM THE 6TH RESPONDENT DATED, 20-3-2024.