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DR SAJEER , v. RESERVE BANK OF INDIA

Kerala High Court
Sep 25, 2023
Smart Summary (Beta)

Factual and Procedural Background

The writ petitions arise from incidents where various petitioners' bank accounts were frozen following allegations of cyber financial crimes connected to Unified Payment Interface (UPI) transactions. The National Cyber Crimes Portal (NCCP), established by the Ministry of Home Affairs under the Indian Cyber Crime Co-ordination Centre, facilitates victims of cyber crimes to register complaints, triggering investigations by police authorities. In these cases, it appears that money allegedly involved in cyber financial crimes was transferred to the petitioners' accounts, leading police authorities from different states in India to issue advisories to freeze those accounts. The petitioners, mostly small businessmen and retailers, claim they are unaware of the reasons for freezing and suffer significant business and personal losses as a result. These writ petitions challenge the freezing of their accounts and seek judicial intervention to safeguard their interests while investigations continue.

Legal Issues Presented

  1. Whether it is appropriate for police authorities to freeze the entirety of a bank account when only a specific amount is alleged to be involved in a cyber financial crime?
  2. What safeguards should be implemented to balance the investigation of cyber crimes with the protection of innocent individuals’ rights and business interests?
  3. What is the role and extent of the Ministry of Home Affairs and the NCCP in the investigation and freezing of accounts linked to cyber crimes?

Arguments of the Parties

Petitioners' Arguments

  • The petitioners contend they are innocent law-abiding citizens caught in the crossfire of cyber crime investigations without knowledge of the alleged crimes.
  • They assert that their entire bank accounts have been frozen without clear reasons, causing severe prejudice and loss to their businesses and daily lives.
  • The petitioners highlight that many of the transactions were bona fide payments for legitimate business activities, such as retail sales and restaurant bills.
  • They emphasize the erosion of trust in the UPI system due to indiscriminate freezing of accounts, urging the Court to introduce safeguards.

Respondents' Arguments

  • The learned Central Government Counsel explained that the NCCP was established with the purpose of providing relief to cyber crime victims and ensuring prompt investigation.
  • He stated that the orders to freeze accounts are issued by competent police authorities in various states as necessary steps to track and investigate proceeds of cyber crimes.
  • The Ministry of Home Affairs does not have a further role beyond facilitating the NCCP, and it is the police authorities’ responsibility to inform the Court about the status of investigations and the necessity of continuing the freeze.
  • Regarding the freezing of entire accounts, the counsel had no instructions and left the matter to the Court’s discretion.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court acknowledged the significance of the UPI system as a transformative and internationally recognized financial platform in India, noting its widespread adoption and inherent security features. However, the Court also recognized the vulnerability of the system to cyber crimes, which have resulted in complex schemes involving multiple accounts to launder ill-gotten wealth.

The Court observed that the petitioners, despite being innocent and law-abiding citizens, have suffered due to the freezing of their entire bank accounts based on allegations linked to cyber crimes involving UPI transactions. The Court noted that investigations are ongoing and that it is premature to interfere substantively at this stage.

Nevertheless, the Court expressed concern over the indiscriminate freezing of entire accounts when police requisitions specifically mention only certain amounts suspected as proceeds of crime. The Court reasoned that unless the investigation reveals complicity or knowledge of the petitioners regarding the crime, they cannot be treated as accused persons.

The Court emphasized the need for safeguards to maintain public trust in the UPI system and to prevent undue hardship to innocent account holders. It directed that the freezing of accounts should be limited strictly to the amounts specified in police orders, allowing petitioners to transact freely with the remaining balance.

The Court further directed police authorities to communicate within eight months whether the freeze should continue and for what duration, and banks must act accordingly based on such communications. In the absence of such information, petitioners are free to approach the Court again, with all contentions preserved for future consideration.

Holding and Implications

The Court ordered that the freeze on the petitioners' bank accounts be confined only to the specific amounts mentioned in police requisitions, allowing the petitioners to operate the remainder of their accounts without restriction.

The police authorities are directed to inform the banks within eight months about the necessity and duration of continued freezing. Banks must comply strictly with such directions. If no information is received, petitioners may approach the Court afresh, with their rights and contentions fully reserved.

This decision directly alleviates the hardship faced by the petitioners by preventing the blanket freezing of accounts and seeks to restore confidence in the UPI payment system. The Court did not set any new legal precedent but provided procedural safeguards balancing investigative needs and innocent individuals' rights.

Show all summary ...

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

WP(C) NO. 12960 OF 2023

PETITIONER:

DR SAJEER ,

AGED 32 YEARS

SAJEER MANZIL PATHIYARAKKARA PALAYAD KOZHIKODE, PIN

- 673105

BY ADV K.REEHA KHADER

RESPONDENT:

1 RESERVE BANK OF INDIA

REPRESENTED BY ITS GOVERNOR OF RBI NO. 6507, BAKERY

JUNCTION ROAD NANDAVANAM, PALAYAM

THIRUVANANTHAPURAM, KERALA-, PIN - 695033

2 THE AXIS BANK REPRESENTED BY ITS AUTHORIZED OFFICER

VADAKARA BRANCH, VADAKARA KOZHIKKODE-, PIN - 673101

BY ADVS.

Saju N. A. G.LEKHA(K/1507/2000) UMA.G.KRISHNAN(K/973/2004) P.J.FLONY(K/313/2007)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 25.09.2023, ALONG WITH WP(C).29319/2023, 30475/2023 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

1

2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

WP(C) NO. 29319 OF 2023

PETITIONER:

FARASUL NISAN. N

AGED 32 YEARS

S/O. ABDUL KAREEM.N, NAMBUTHODIKA HOUSE,

KODIYATHUR (P.O), MUKKAM VIA, KOZHIKODE

DISTRICT, PIN - 673602

BY ADVS.

ABDUL SHUKOOR MUNDAMBRA

P.C.MUHAMMED NOUSHIQ

RESPONDENTS:

1 THE BANK MANAGER,

ICICI BANK LTD, BP BUILDING, MAIN ROAD, MUKKAM

KOZHIKODE, KERALA, PIN - 673602

2 THE DGP,

STATE CYBER CRIME CELL, 7TH FLOOR,BLOCK-2, KARMYOGI BHAVAN, SECTOR-10 A, GANDHI NAGAR 382010 GUJARATH EMAIL: HELPLINE-CYBER- CID@GUJARAT.GOV.IN, PIN - 382010

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

WP(C) NO. 30475 OF 2023

PETITIONER:

ABOOJASIN

AGED 33 YEARS

S/O. SUBAIR T., THEKKINCHI HOUSE, MADAVOOR P.O., KOZHIKODE DISTRICT, PIN - 673585

BY ADVS.

K.RAKESH

RAJESH BABU CHELAT

RESPONDENTS:

1 THE UNION OF INDIA

REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME

AFFAIRS, NEW DELHI, PIN - 110000

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

DIGGI TONK POLICE STATION, RAJASTAN, PIN -

304504

5 THE STATION HOUSE OFFICER

CYBER CRIME POLICE STATION, RACHAKONDA,

TELUNGANA, PIN - 508252

6 THE STATION HOUSE OFFICER

CYBER CRIME POLICE STATION, 3RD FLOOR, NEW

PANIGATE POLICE STATION BUILDING, OPPOSITE

PANIGATE WATER TANK, AJWA ROAD, VADODHARA CITY,

GUJARAT, PIN - 390001

7 THE STATION HOUSE OFFICER

TULINJ POLICE STATION, MAHARASHTRA, PIN -

4

401209

8 ICICI BANK

THAMARASSERI BRANCH, THAMARASSERI P.O.,

KOZHIKODE DISTRICT, REPRESENTED BY ITS BRANCH

MANAGER, PIN - 673574

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

5

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

WP(C) NO. 30895 OF 2023

PETITIONER:

MANU RASHEED

AGED 23 YEARS

S/O ABDUL SALEEM T.P, THALAPPADIKKAL HOUSE

PALAKKUTTY, MANIPURAM P.O KODUVALLY, KOZHIKODE,

PIN - 673572

BY ADVS.

P.MOHAMED SABAH

LIBIN STANLEY

SAIPOOJA

FAIZEL K.

SADIK ISMAYIL

R.GAYATHRI

M.MAHIN HAMZA

ALWIN JOSEPH

RESPONDENT:

THE FEDERAL BANK

KODUVALLY BRANCH, IRIS TOWER KODUVALLY P.O,

KOZHIKODE REPRESENTED BY ITS MANAGER, PIN -

673572

BY ADVS.

Mohan Jacob George P.V.PARVATHY (P-41)(K/000036/1991) REENA THOMAS(R-364)

NIGI GEORGE(K/1169/2012) ANANTHU V.LAL(K/001233/2022)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

6

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

WP(C) NO. 31060 OF 2023

PETITIONERS:

1 ABDUL KALAM M

AGED 50 YEARS

S/O. ABOOBACKER HAJI, MANNARIKKAL HOUSE, TC ROAD, TIRURANGADI TALUK, MALAPPURAM, PIN -

676306

2 HASHEER M

AGED 24 YEARS

S/O. KINHIMUHAMMED, MALANGADAN HOUSE,

SHAPPINKUNNU, KARAKKUNNU P.O., MALAPPURAM

DISTRICT, PIN - 676123

3 FOUSIYA

AGED 40 YEARS

W/O. USMAN, KARANATHODUVIL HOUSE, MANKADA, KOOTTIL P.O. MALAPPURAM DISTRICT, PIN - 679324

4 USMAN K.S.

AGED 60 YEARS

S/O. SAIDALI K., KARANATHODUVIL HOUSE, MANKADA, KOOTTIL P.O. MALAPPURAM DISTRICT, PIN - 679324

5 SHOUKATHALI V

AGED 53 YEARS

S/O. MUHAMMED V., VATTAMANNATHODI HOUSE,

MANKADA, KOOTTIL P.O. MALAPPURAM DISTRICT, PIN

- 679324

6 MUHAMMED SHAFI

AGED 27 YEARS

S/O. ABDUL HAKKEEM, KUNNUMMAL HOUSE, KALIKAVU P.O., MALAPPURAM DISTRICT, PIN - 676525

7 SHAKEEB C

AGED 27 YEARS

S/O. KUNHIMUHAMMED, CHUKKAN HOUSE, MELANGADI P.O., KONDOTTY, MALAPPURAM DISTRICT, PIN -

673638

8 MUHAMMED SHAFEEQUE

7

AGED 24 YEARS

S/O. KUNHIMUHAMMED, ERANIYIL HOUSE, MATTATHUR P.O., MALAPPURAM DISTRICT, PIN - 676528

9 JAMEELA

AGED 55 YEARS

W/O. SAIDALAVI, PALLIPPURAM HOUSE, VENGARA P.O., PARAMBIL PADI, MALAPPURAM DISTRICT, PIN -

676304

10 ILLYAS MANGADAN

AGED 32 YEARS

MANGADAN HOUSE, VENGARA P.O., PARAMBIL PADI,

MALAPPUAM DISTRICT, PIN - 676304

11 JOSHY P.J.

AGED 51 YEARS

S/O. JOSE P.T., PERUMBULLY HOUSE, THALIYAKANOM, MADIYAKANOM, THRISSUR DISTRICT, PIN - 680712

12 M/S KAZZE FINSERVE PVT. LTD.

2ND FLOOR, CM MATHEW BROTHERS ARCADE,

ERANHIPALAM, NEAR WESTWAY HOTEL, KOZHIKODE,

REPRESENTED BY THE MANAGING DIRECTOR, PRABHUL

ISSAC, KUNNUMPURATH HOUSE, MANKUVA P.O.,

CHINNAR, IDUKKI DISTRICT, PIN - 673005

BY ADVS.

K.RAKESH

AMEEN HASSAN K.

RESPONDENTS:

1 THE UNION OF INDIA

REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME

AFFAIRS, 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 SOUTH INDIAN BANK LTD.

CHEMMAD BRANCH, TIRURANGADI P.O., MALAPPURAM

DISTRICT, REPRESENTED BY ITS BRANCH MANAGER,

PIN - 676306

5 THE SOUTH INDIAN BANK LTD.

MANJERI BRANCH, MANJERI P.O., MALAPPURAM

DISTRICT, REPRESENTED BY ITS BRANCH MANAGER,

8

PIN - 676121

6 STATE BANK OF INDIA

MANKADA BRANCH, MANKADA P.O., MALAPPURAM

DISTRICT, PIN - 679 324 REPRESENTED BY ITS BRANCH MANAGER, PIN - 679324

7 THE FEDERAL BANK

MANKADA BRANCH, MANKADA P.O., MALAPPURAM

DISTRICT, PIN - 679 324 REPRESENTED BY ITS BRANCH MANAGER, PIN - 679324

8 THE SOUTH INDIAN BANK LTD.

KALIKAVU BRANCH, KALIKAVU P.O., MALAPPURAM

DISTRICT, REPRESENTED BY ITS BRANCH MANAGER,

PIN - 676525

9 THE BANK OF BARODA

KONDOTTY BRANCH, KONDOTTY P.O., MALAPPURAM

DISTRICT, REPRESENTED BY ITS BRANCH MANAGER,

PIN - 673638

10 THE HDFC BANK

KOTTAKKAL BRANCH, KOTTAKKAL P.O., MALAPPURAM

DISTRICT, REPRESENTED BY ITS BRANCH MANAGER,

PIN - 676503

11 THE SOUTH INDIAN BANK LTD.

VENGARA BRANCH, VENGARA P.O., MALAPPURAM

DISTRICT, PIN -676 304 REPRESENTED BY ITS BRANCH MANAGER, PIN - 676304

12 THE FEDERAL BANK

IRINGALAKUDA BRANCH, IRINGALAKUDA P.O.,

THRISSUR DISTRICT, REPRESENTED BY ITS BRANCH

MANAGER, PIN - 680121

13 THE STATION HOUSE OFFICER

CYBER CRIME POLICE STATION, VADODHARA, GUJARAT,

PIN - 390001

14 THE POLICE INSPECTOR

CEN POLICE STATION, NORTH EAST DIVISION,

BENGALURU CITY, KARNATAKA, PIN - 650002

BY ADV BEPIN VIJAYAN

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

9

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

WP(C) NO. 28908 OF 2023

PETITIONER:

JALALUDHEEN V K

AGED 38 YEARS

KOYASSANVALIYA KIZHAKEYIL HOUSE THALAYAD P O

KOZHIKODE, PIN - 673574

BY ADVS.

SADCHITH.P.KURUP

VINOD JABAR

C.P.ANIL RAJ

SIVA SURESH

RESHMA RAJ

RESPONDENTS:

1 DBS BANK

GROUND FLOOR, EXPRESS TOWERS, NARIMAN POINT

MUMBAI- MAHARASHTRA REP. BY ITS MANAGER, PIN -

400021

2 STATION HOUSE OFFICER

CITY POLICE STATION VALSAD, GUJARAT, PIN -

396001

3 NATIONAL CYBER CRIME REPORTING PORTAL

(MHA PORTAL), NATIONAL HIGHWAY -8 MAHIPALPUR, NEW DELHI REP BY ITS DIRECTOR, PIN - 110037

BY ADV MANU S. DSG OF INDIA

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

10

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

WP(C) NO. 31354 OF 2023

PETITIONER:

TINU SIBY ROY

AGED 35 YEARS

W/O NIYAS, D/O ROY GEORGE, PERMANENTLY RESIDING

AT KAVICHERIL HOUSE, AVOLY P.O., MUVATTUPUZHA,

PIN - 688670

BY ADVS.

K.V.SABU

NIKHIL K SABU

MINU SIBY ROY

RESPONDENTS:

1 MANAGER

PORUR SERVICE CO-OPERATIVE BANK LTD NO.M.357, CHERUKODE, MALAPPURAM, PIN - 679328

2 BRANCH MANAGER

SOUTH INDIAN BANK LTD, P.B. NO.3, ERAVIPEROOR

JUNCTION, ERAVIPEROOR P.O., PATHANAMTHITTA, PIN

- 689542

3 GENERAL MANAGER

SOUTH INDIAN BANK LTD, HEAD OFFICE, THRISSUR,

PIN - 680001

4 MANAGER

ICICI BANK LTD, NILAMBUR BRANCH MALAPPURAM, PIN

- 679329

5 SUB INSPECTOR OF POLICE

CYBER CRIME POLICE STATION, BUNGALOW NO.15,

NEAR IPS MESS, DAFNALA, SHAHIBAUG, AHMEDABAD,

GUJARAT, PIN - 380004

6 STATE POLICE CHIEF

AHMEDABAD, GUJARAT, PIN - 380004

11

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

12

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

WP(C) NO. 18838 OF 2023

PETITIONER:

M/S PEEDIAKKAL AGENCIES,

AGED 45 YEARS

A PROPRIETARY CONCERN HAVING OFFICE AT VATTOLY

TOWERS, DOOR.NO. 65/4155 4A, SRM ROAD, KOCHI-

REPRESENTED BY ITS PROPRIETOR FASAL RAHMAN,AGED

45 YEARS, S/O MUHAMMADALI., PIN - 682018

BY ADVS.

M.A.MOHAMMED SIRAJ

S.SREEKUMAR (SR.)

RESPONDENTS:

1 THE STATE OF KERALA

REPRESENTED BY HOME SECRETARY GOVERNMENT

SECRETARIAT THIRUVANANTHAPURAM.-, PIN - 695001

2 THE STATION HOUSE OFFICER,

CYBER CRIME POLICE STATION, HYDERABAD CITY ,

TELANGANA,, PIN - 500001

3 THE BRANCH MANAGER,

UNION BANK OF INDIA, MARINE DRIVE BRANCH,

ERNAKULAM -, PIN - 682031

BY ADVS.

ADVOCATE GENERAL OFFICE KERALA

DIRECTOR GENERAL OF PROSECUTION(AG-10)

P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC

PROSECUTOR()

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

13

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

WP(C) NO. 18459 OF 2023

PETITIONER:

M/S PEEDIAKKAL AGENCIES,

AGED 45 YEARS

A PROPRIETARY CONCERN HAVING OFFICE AT VATTOLY

TOWERS, DOOR.NO. 65/4155 4A, SRM ROAD, KOCHI-

REPRESENTED BY ITS PROPRIETOR FASAL RAHMAN,AGED

45 YEARS, S/O MUHAMMADALI., PIN - 682018

BY ADVS.

M.A.MOHAMMED SIRAJ

S.SREEKUMAR (SR.)

RESPONDENTS:

1 THE STATE OF KERALA

REPRESENTED BY HOME SECRETARY GOVERNMENT

SECRETARIAT THIRUVANANTHAPURAM.-, PIN - 695001

2 CYBER CRIME POLICE STATION,

DEPUTY COMMISSIONER OF POLICE ,RACHAKONDA

POLICE COMMISSIONERATE,LB NAGAR, HYDERABAD-, PIN - 500074

3 THE BRANCH MANAGER,

STATE BANK OF INDIA, PANAMPILLY NAGAR BRANCH,

SBT AVENUE PANAMPILLY NAGAR P.O ERNAKULAM -, PIN - 682036

BY ADVS.

V.JOHN MANI

GILBERT GEORGE CORREYA

VARGHESE SABU(K/778/2019) SETHULAKSHMI K.K.(K/623/2017) MANJU ELSA ISAC(K/001668/2018) SHAMEENA K.Y.(K/959/2023) JIBIN P.GEORGE(K/001273/2022)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

14

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

WP(C) NO. 17354 OF 2023

PETITIONER:

M/S PEEDIAKKAL AGENCIES,

A PROPRIETARY CONCERN HAVING OFFICE AT VATTOLY

TOWERS, DOOR.NO. 65/4155 4A, SRM ROAD, KOCHI-

REPRESENTED BY ITS PROPRIETOR FASAL RAHMAN,AGED

45 YEARS, S/O MUHAMMADALI., PIN - 682018

BY ADVS.

M.A.MOHAMMED SIRAJ

S.SREEKUMAR (SR.)

RESPONDENTS:

1 THE STATE OF KERALA

REPRESENTED BY HOME SECRETARY GOVERNMENT

SECRETARIAT THIRUVANANTHAPURAM.-, PIN - 695001

2 THE SUB INSPECTOR OF POLICE,

MANDYA RURAL POLICE STATION, MANDYA DISTRICT

KARNATAKA-, PIN - 571401

3 CYBER CRIME POLICE STATION,

RAJKOT CITY, GUJARAT-, PIN - 360001

4 BRANCH MANAGER,

ICICI BANK, KALOOR BRANCH KALOOR -, PIN -

682017

5 BRANCH MANAGER,

ICICI BANK, MANGALAPURAM BRANCH KARNATAKA -, PIN - 575002

6 BRANCH MANAGER,

ICICI BANK,EDAPPALLY BRANCH EDAPALLY-, PIN -

682024

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

15

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

WP(C) NO. 16169 OF 2023

PETITIONER:

M/S PEEDIAKKAL AGENCIES,

AGED 45 YEARS

A PROPRIETARY CONCERN HAVING OFFICE AT VATTOLY

TOWERS, DOOR.NO. 65/4155 4A, SRM ROAD, KOCHI-

REPRESENTED BY ITS PROPRIETOR FASAL RAHMAN,AGED

45 YEARS, S/O MUHAMMADALI., PIN - 682018

BY ADV M.A.MOHAMMED SIRAJ

RESPONDENTS:

1 THE STATE OF KERALA

REPRESENTED BY HOME SECRETARY GOVERNMENT

SECRETARIAT THIRUVANANTHAPURAM.-, PIN - 695001

2 THE SUB INSPECTOR OF POLICE,

MANDYA RURAL POLICE STATION, MANDYA DISTRICT

KARNATAKA, PIN - 571401

3 STATION HOUSE OFFICER,

CYBER CRIME POLICE STATION, PANIPAT (HR), INDIA

HARYANA, PIN - 132103

4 BRANCH MANAGER,

FEDERAL BANK , ERNAKULAM/KALOOR BRANCH KALOOR - KADAVNTHRA ROAD, PIN - 682017

5 THEJASWI KH

HUCHE GOWDA BANNUR ROAD DAR MANDYA NEAR RURAL

POLICE STATION MANDYA DISTRICT KARNATAKA, PIN -

571401

BY ADVS.

Mohan Jacob George P.V.PARVATHY (P-41)(K/000036/1991) REENA THOMAS(R-364)

NIGI GEORGE(K/1169/2012)

16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

17

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

WP(C) NO. 14932 OF 2023

PETITIONER:

M/S PEEDIAKKAL AGENCIES,

AGED 45 YEARS

A PROPRIETARY CONCERN HAVING OFFICE AT VATTOLY

TOWERS, DOOR.NO. 65/4155 4A, SRM ROAD, KOCHI- REPRESENTED BY ITS PROPRIETOR FASAL RAHMAN S/O MUHAMMADALI., PIN - 682018

BY ADV M.A.MOHAMMED SIRAJ

RESPONDENTS:

1 THE STATE OF KERALA

REPRESENTED BY HOME SECRETARY GOVERNMENT

SECRETARIAT THIRUVANANTHAPURAM.-, PIN - 695001

2 THE POLICE INSPECTOR,

GANDHIDHAMA DIV KACHCHH EAST( GANDHIDHAM),

GUJARAT-, PIN - 370201

3 THE BRANCH MANAGER,

KOTAK MAHINDRA BANK, ALUVA BRANCH-ERNAKULAM, PIN - 683101

BY ADVS.

R.S.KALKURA

M.S.KALESH(K-275) HARISH GOPINATH(K/232/1999) SILPA S.(K/951/2017)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

18

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

WP(C) NO. 29455 OF 2023

PETITIONER:

PRAVEEN NANGALERY

AGED 39 YEARS

S/O KANARI M, NIRMALAM PUTHANPARAMBATH HOUSE,

PATHIRIYAD, SANKARANELLUR P.O., KUTHUPARAMBA

VAZHI, KANNUR, PIN - 670643

BY ADVS.

ANAND KALYANAKRISHNAN

C.DHEERAJ RAJAN

RESPONDENTS:

1 UNION OF INDIA

REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME

AFFAIRS, NEW DELHI, PIN - 110001

2 NATIONAL CYBER CRIME REPORTING PORTAL

REPRESENTED BY ITS DIRECTOR, NATIONAL HIGHWAY - 8, MAHIPALPUR, NEW DELHI, PIN - 110037

3 STATE POLICE CHIEF

POLICE HEADQUARTERS, VAZHUTHACAUD,

THIRUVANANTHAPURAM, PIN - 695014

4 INSPECTOR OF POLICE

GHATLODIA POLICE STATION, 3G4V+X9M, NEAR PETROL

PUMP, PARAS NAGAR, MEMNAGAR, AHMEDABAD,

GUJARAT, PIN - 380061

5 STATION HOUSE OFFICER

CYBER POLICE STATION, ROHINI, SECTOR 17,

ROHINI, NEW DELHI, PIN - 110089

6 STATE BANK OF INDIA

KUTHUPARAMBA BRANCH, RHQ9+CCV, THOKKILANGADI, THALASSERY - COORG HIGHWAY, KUTHUPARAMBA, KANNUR - 670 643 REPRESENTED BY ITS MANAGER,

19

PIN - 670643

BY ADVS.

Girish Kumar V

GILBERT GEORGE CORREYA

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

20

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

WP(C) NO. 30226 OF 2023

PETITIONER:

VIMAL KRISHNAN K

AGED 37 YEARS

S/O.VISWANATHAN NAIR, AISWARYA HOUSE,

SYAMKANDAM, PULIKKAL PO9ST, MALAPPURAM

DISTRICT, KERALA, PIN - 673637

BY ADV SAJI SANKARAN NAIR

RESPONDENTS:

1 ICICI BANK LTD

VYTILA BRANCH, REPRESENTED BY ITS BRANCH

MANAGER, PAREKKATTIL TOWERS,OPPOSITE WELCARE

HOSPITAL, S.A.ROAD, VYTTILA KOCHI., PIN -

682019

2 ZONAL MANAGER ICICI BANK LTD

2ND FLOOR, ARANGATH PULLEPADY, NEAR PADMA

JUNCTION, KOCHI, PIN - 682035

3 THE RESERVE BANK OF INDIA

REGIONAL MANAGER, X7RQ+VHG, BANARJI ROAD KALOOR, KOCHI, PIN - 682018

4 RAHUL RAJ

AGED 35 YEARS

S/O. RAJASEKAHARAN, RAJEEVAM, KALIKAVU POST,

NEAR BHAGAVATHY TEMPLE, MALAPPURAM DISTRICT.,

PIN - 676525

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

21

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

WP(C) NO. 30433 OF 2023

PETITIONER:

RAHEEM. P

AGED 42 YEARS

S/O. AHAMMED, PANAMBULAKKAL HOUSE, AMBARA, KOTTAKKAL, MALAPPURAM DISTRICT., PIN - 676503

BY ADVS.

R.RANJITH (MANJERI)

A.P.NIDHIN KUMAR

RESPONDENTS:

1 THE FEDERAL BANK LTD

KOTTAKKAL BRANCH, VEE PEE TOWERS, MAIN ROAD,

KOTTAKKAL, MALAPPURAM DISTRICT, REPRESENTED BY

ITS BRANCH MANAGER (BRANCH HEAD)., PIN - 676503

2 THE CYBER CELL

NOIDA, UTTAR PRADESH POLICE, OFFICE OF THE

DEPUTY COMMISSIONER OF POLICE., PIN - 201301

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

22

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

WP(C) NO. 28797 OF 2023

PETITIONER:

M/S. DEENAR ENTERPRISES

AGED 51 YEARS

KMC, 1 THALANGARA, XVII/132C/THALANGARA P.O,

KASARAGOD REPRESENTED BY ITS SOLE PROPRIETOR,

USMAN.M, AGED 51 YEARS, S/O MAHAMOOD, KAZHILANE, THALANGARA, KASARAGOD, PIN - 671121

BY ADVS.

S.K.ADHITHYAN

ALTHAF NABEEL

ASHIQ MUHAMMAD S.

RESPONDENTS:

1 UNION OF INDIA

REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME

AFFAIRS, NEW DELHI, PIN - 110001

2 RESERVE BANK OF INDIA

REPRESENTED BY ITS GOVERNOR, HEAD OFFICE,

MUMBAI, MAHARASHTRA, PIN - 400029

3 NATIONAL CYBER CRIME REPORTING PORTAL,

REPRESENTED BY ITS DIRECTOR, NATIONAL HIGHWAY - 8, MAHIPALPUR, NEW DELHI, PIN - 110037

4 STATE POLICE CHIEF,

STATE POLICE CHIEF, POLICE HEAD QUARTERS,

VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014

5 DIRECTOR GENERAL OF POLICE,

LAKDIKAPUL RD, OPPOSITE RAVINDRA BHARATHI, RED

HILLS, LAKDIKAPUL, HYDERABAD, TELANGANA, PIN -

500004

6 THE STATION HOUSE OFFICER

MUNUGODE POLICE STATION TELANGANA, PIN - 508244

7 THE STATION HOUSE OFFICER,

TALLAGURJALA POLICE STATION DELLAMPALLI,

23

ADILABAD DISTRICT, TELENGANA, PIN - 504251

8 DIRECTOR GENERAL OF POLICE

POLICE HEADQUARTERS, 9TH FLOOR, TOWER 2,

GOMTINAGAR EXT. SHAHID PATH, LUCKNOW, PIN -

226002

9 STATION HOUSE OFFICER,

CYBER CRIME CELL, OFFICE OF THE DEPUTY

COMMISSIONER OF POLICE, SECTOR-6, NOIDA,

GAUTHAMBUDDHA NAGAR DISTRICT, UTTAR PRADESH,

PIN - 201301

10 DIRECTOR GENERAL OF POLICE,

FIRST FLOOR, POLICE BHAVAN, SECTOR 18,

GANDHINAGAR, GUJARAT, PIN - 382021

11 STATION HOUSE OFFICER,

OFFICE OF THE VEJALPUR POLICE STATION ,

VEJALPUR, GUJARATH, PIN - 380009

12 STATION HOUSE OFFICER,

CYBER CRIME POLICE STATION, VADODARA CITY, 3RD

FLOOR, ABOVE PANIGATE POLICE STATION, OPP.

WATER TANK, PANIGATE., VADODARA, PIN - 390006

13 ICICI BANK OF INDIA,

REPRESENTED BY ITS MANAGER, CITY CENTRE BRANCH,

BANK ROAD, KASARAGOD DISTRICT, PIN - 671121

BY ADV MANU S. DSG OF INDIA

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

24

'C.R'

JUDGMENT

[WP(C) Nos.12960/2023, 29319/2023, 30475/2023, 30895/2023, 31060/2023, 29455/2023, 14932/2023, 16169/2023, 17354/2023, 18459/2023, 18838/2023, 28908/2023,31354/2023,30226/2023,30433/2023 & 28797/2023]

The 'Unified Payment Interface (UPI), has transformed the financial spectrum in India; and in particular, the manner in which people transact money. Its easy-to-use interface and ingrained security features, has made "UPI" the preferred mode of payment for millions of Indians, making it the fastest growing payments systems in the world.

2. However, like in many good initiatives, there are chinks in the armour - in a manner of speaking; Charlatans commit Cyber Crimes and create byzantine maze of accounts, through which ill-gotten wealth is moved and parked.

3. The National Cyber Crimes Portal (NCCP) has been set up by the Ministry of Home Affairs, under the aegis of the Indian Cyber Crime Co-ordination Centre, to enable any person - who becomes a victim of Cyber Crime, to register on the said portal; which then triggers an appropriate response and criminal investigation.

25

4. Unfortunately, a situation as afore has thrown the petitioners in these cases in the cross hairs of the Police and their Banks, because it appears to be alleged that some one, who had indulged in a cyber financial crime in another part of India, had transferred money to their account; consequent to which, the competent Investigating and Police Authorities issued advisory to their Banks to freeze their accounts.

5. The petitioners assert that they have literally caught between the "Devil and the Deep Sea" because, for one, they do not know why their accounts have been frozen; and for the second, they are now facing incalculable loss in their business and unspeakable prejudice, with their accounts being rendered unavailable to them to operate, all because some unknown person, sitting in a far off and remote place in India or even abroad, is alleged to have made "UPI"

transactions in their accounts as part of small trading or payment against services bonafide rendered, including in restaurants and retail shops.

6. The petitioners assert that, on account of the orders of freezing of their accounts in this fashion, the trust of the business community in the 'UPI' system has been severely

26

shaken; and therefore, pray that this Court come to their aid, issuing appropriate orders and safeguards.

7. In response, Sri.Dayasindhu Sreehari - learned Central Government Counsel, affirmed that the Ministry of Home Affairs had initiated and set up the 'NCCP' with the laudable intent to protect and offer succour to victims of Cyber Crimes; and explained that when complaints are registered on it, it immediately generates an appropriate response from the jurisdictional investigating and Police Authorities. He predicated that the orders impugned in these cases - issued by various Police Authorities in other States in India - are necessary and imperative steps initiated by such Agencies to track the sums involved in Cyber Crimes, routed by the accused through different accounts. He argued that, therefore, the Ministry of Home Affairs do not have any further role to play in this matter; and that this for the Police Authorities concerned to inform this Court whether the investigations are still continuing and if the orders freezing the accounts of the petitioners, require to be maintained.

8. On hearing Sri.Dayasindhu Sreehari as afore, I pointedly asked him why the account of an individual should be frozen fully, even when the requisition for the same - made

27

by the Police Authorities concerned - refer to the alleged proceeds of crime involved. He submitted that he has no instruction in this regard, because such orders are issued by the Police Authorities; and thus left it to this Court to take appropriate decision.

9. The afore so recorded, I am fully cognizant that this is not the stage for this Court to intervene in the manner, as has been pleaded by the petitioners because, the investigation into the various Cyber Crimes - which are the genesis of the orders impugned in these cases - are still underway. However, the petitioners, who, prima facie, are all ordinary law abiding citizens, have little capacity to track or follow the cases, which has lead them to the present situation; or even to obtain its present status because, the requisitions to the Various Banks have been made by the Police Stations in other States - some very far off. They assert that their entire accounts are frozen, thus incapacitating their businesses and affecting their daily lives, solely because a person or persons - with whom they had no previous acquaintance - happened to transfer money from his/their account to theirs, using the 'UPI' platform, as part of bona fide business transaction - often against payment of

28

small bills qua retail sale, restaurant food sale etc. They assert that most of them are retailers and small businessmen, who trusted the 'UPI' regime of fiscal transactions for its convenience and safety; but has now been rudely shaken.

10. I am, therefore, of the firm view that, certain specific safeguards will have to be now infused into process, lest the people loose their faith in the 'UPI' system itself, especially when it is spear headed and recognised internationally as a vanguard initiative of India.

11. In the afore perspective, when the requisitions in these cases - by various Police Authorities in several States of India - mention the exact amount suspected to have been credited to the accounts of the petitioners herein, one fails to fathom why their bank accounts in full, should remain frozen. This is more so because, even when the sums in question may have found credit in the accounts of the petitioners, unless the investigation eventually reveals that they were complicit in the Cyber Crime, or had received the same being aware of it, they could never be construed to be accused.

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

29

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.

30

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.

Sd/-DEVAN RAMACHANDRAN,

JUDGE

lsn

42

THE PETITIONER SHOWING THE OUTSTANDING

BALANCE OF RS.1,12,84,596.46/- Exhibit P14 TRUE COPY OF THE EMAIL COMMUNICATION

DATED 22-05-2023 Exhibit P15 TRUE COPY OF THE REPLY MAIL DATED 23- 05-2023 STATING THE DEBIT FREEZE WAS

BASED ON A POLICE NOTICE REGARDING

SOME FRAUDULENT TRANSACTIONS AND

FURTHER FORWARDED A NOTICE UNDERSIGNED

BY POLICE HEAD CONSTABLE CYBER CRIME

POLICE STATION,

Exhibit P16 TRUE COPY OF THE PETITIONER'S ACCOUNT

WITH RESPONDENT NO.5 BEARING AN

OUTSTANDING BALANCE OF RS. 1,85,000.0

CR

Exhibit P17 TRUE COPY OF THE THE QUERY MAIL SENT

BY THE PETITIONER TO RESPONDENT NO.5

ON 22-05-2023 REQUESTING TO FURNISH

THE COPY OF FREEZING ORDER