Kerala High Court
Hamish Jabbar N vs Union Of India on 31 May, 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
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 15200 OF 2024
PETITIONER:
HAMISH JABBAR N
AGED 21 YEARS
NEDUMANNIL, PALLIKUTH,PATTIKKAD P O, KARIAVATTOM,
MALAPPURAM KERALA., PIN - 679325
BY ADVS.
T.S.SARATH
MANU RAMACHANDRAN
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 [email protected], PIN -
110001
2 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS NODAL CYBER CELL OFFICER, ECONOMIC
OFFENSE WING, GUARAV PATH, GE ROAD, IN FRONT OF JAI
JAWAN PETROL PUMP, RAIPUR, CHHATISGARH., PIN - 492001
3 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS NODAL CYBER CELL OFFICER, OFFICE OF
SPECIAL COMMISSIONER OF POLICE, ECONOMIC OFFENSES WING,
PS MANDIR MARG COMPLEX, MANDIR MARG, NEW DELHI
[email protected], PIN - 110001
4 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
[email protected], PIN - 382018
WP(C) NO. 15200 OF 2024 2
5 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS NODAL CYBER CELL OFFICER, WORLD
TRADE CENTRE, CENTRE - 1, BUILDING 32ND FLOOR,
CUFFEE PARADE, MUMBAI [email protected], PIN
- 400005
6 NATIONAL CYBERCRIME REPORTING PORTAL,
REPRESENTED BY ITS NODAL CYBER CELL OFFICER,
ECONOMIC OFFENSE WING, TAMILNADU, SMT. MEENA SIDCO,
ALANDUR ROAD, SIDCO INDUSTRIAL ESTATE, GUINDY,
CHENNAI, TAMIL NADU [email protected], PIN -
600032
7 INDIAN CYBERCRIME COORDINATION CENTRE
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, 5TH
FLOOR, NDCC-II BUILDING, JAI SINGH ROAD, NEW DELHI
[email protected], PIN - 110001
8 STATE OF CHHATISGARH
REPRESENTED BY THE CHIEF SECRETARY, MAHANADHI
BHAVAN, MANTRALAYA, NAYA RAIPUR, CHHATISGARH.
[email protected], PIN - 492002
9 STATE OF NEW DELHI
REPRESENTED BY THE CHIEF SECRETARY 3RD LEVEL, DELHI
SECRETARIAT COMPLEX, I.P. ESTATE, NEW DELHI
[email protected], PIN - 110002
10 STATE OF GUJARAT
REPRESENTED BY THE CHIEF SECRETARY, 5TH FLOOR,
BLOCK NO. 1, SARDAR BHAVAN SACHIVALAYA,
GANDHINAGAR,GUJURAT [email protected],
PIN - 382010
11 STATE OF MAHARASHTRA
REPRESENTED BY THE CHIEF SECRETARY, CHIEF SECRETARY
OFFICE, HUTATMA RAJGURU CHOWK, MADAME CAMA ROAD,
MANTRALAYA, MUMBAI [email protected], PIN -
400032
12 STATE OF TAMIL NADU
REPRESENTED BY THE CHIEF SECRETARY SECRETARIAT,
CHENNAI, EMAIL: [email protected]
[email protected] [email protected]
[email protected], PIN - 600009
WP(C) NO. 15200 OF 2024 3
13 DIRECTOR GENERAL OF POLICE
CHHATISGARH, POLICE HEADQUARTERS, RAIPUR,
CHHATISGARH [email protected], PIN - 492001
14 DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS, I.P. ESTATE, ITO, NEW DELHI
[email protected], PIN - 110002
15 DIRECTOR GENERAL OF POLICE
GUJARAT STATE POLICE BHAVAN, GANDHINAGAR SECTOR 18,
GANDHINAGAR, GUJARAT [email protected], PIN -
382021
16 DIRECTOR GENERAL OF POLICE
NEAR THARWANI HERITAGE, SECTOR 7, KHARGHAR, NAVI
MUMBAI, MAHARASHTRA [email protected],
PIN - 410210
17 DIRECTOR GENERAL OF POLICE
DR. RADHAKRISHNAN SALAI, MYLAPORE, CHENNAI. TAMIL
NADU [email protected], PIN - 600004
18 STATION HOUSE OFFICER
CYBER CRIME POLICE STATION, CHARAMA, CHHATISGARH,
[email protected], PIN - 494337
19 STATION HOUSE OFFICER
CYBER CRIME POLICE STATION, ROOM.NO.11, DCP OFFICE,
IP EXTENSION, MANDAWALLI, FAZALPUR, NEW DELHI
[email protected], PIN - 110092
20 STATION HOUSE OFFICER,
CYBER CRIME POLICE STATION, OPP SHIVAM HOTEL,
WAGHODIA, TIMBI, GUJARAT POLSTN-WAGH-
[email protected], PIN - 391760
21 STATION HOUSE OFFICER,
CYBER CRIME POLICE STATION, PIMPRI-CHINCHWADI
POLICE COMMISIONERATE, PREMLOK PARK, CHINCHWAD,
PIMPRI-CHINCHWAD, MAHARASHTRA CYBERCELL.PCPC-
[email protected], PIN - 411033
WP(C) NO. 15200 OF 2024 4
22 STATION HOUSE OFFICER
MATKAR MARG, BABASAHEB AMBEDKAR NAGAR, DADAR,
MUMBAI, MAHARASHTRA [email protected],
PIN - 400028
23 STATION HOUSE OFFICER
MAGUDAMCHAVADI, KAKKAPALAYAM POLICE STATION, SALEM
TAMIL NADU [email protected],
PIN - 637504
24 THE RESERVE BANK OF INDIA
REPRESENTED BY THE DEPUTY GENERAL MANAGER, RBI,
BAKERY JUNCTION, NANDAVANAM, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA
[email protected], PIN - 695033
25 SOUTH INDIAN BANK
THARAYIL PLAZA, SHORNUR- PERINTHALAMANNA ROAD,
SHANTI NAGAR, PERINTALMANNA, KERALAREPRESENTED BY
ITS BRANCH MANAGER [email protected], PIN - 679322
SRI.SUNIL SHANKAR, SC
VIDYA GANGADHARAN
ANGEL YESUDASAN
SRI. V. GIREESH KUMAR. CGC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 15200 OF 2024 5
T.R. RAVI, J.
--------------------------------------------
W.P.(C)No.15200 of 2024
--------------------------------------------
Dated this the 31st 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
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
APPENDIX OF WP(C) 15200/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTICE DATED 13-03-
2024 RECEIVED BY THE 25TH RESPONDENT BANK
THAT THE PETITIONER IS A SUSPECT IN AN
ONLINE TRANSACTION
Exhibit P2 A TRUE COPY OF THE TRANSACTION DETAILS OF
THE PETITIONER DATED 29.01.2024
