The Delhi High Court has observed that a bank account constitutes the very essence of an individual's economic existence and cannot be frozen in the absence of any accusation, First Information Report (FIR), or judicial order against the account holder. This ruling came in response to a petition filed by an individual whose bank account in a private bank was frozen following a complaint lodged by the Gujarat Cyber Crime Police in November 2024.
Court's Directive to Defreeze Account
Justice Purushaindra Kumar Kaurav, presiding over the case, directed the bank to immediately defreeze the account. The court held that freezing the account was wholly arbitrary and unsustainable in law, given the absence of any material connecting the petitioner to any offence. It further noted that without any justification from the Gujarat Police, the continued seizure of the account was unwarranted.
Cicero's Wisdom Invoked
In its judgment, the court invoked the Roman jurist and philosopher Cicero, stating: "A bank account is not just a place to keep money but is the very essence of an individual's economic existence." The court drew a parallel to Cicero's declaration: "So-and-so is innocent; but although he is free from guilt, he is not free from suspicion," emphasizing the petitioner's predicament. The judgment remarked: "His account is frozen and his money is stuck, but there is no accusation, no FIR, and no judicial order against him. Freezing an account without any justification is bound to cause impediments to the right to life."
Relief and Conditions
While granting relief to the petitioner, the court also directed him to cooperate with any investigation or inquiry conducted by the concerned agency. This ruling underscores the principle that bank accounts, as repositories of an individual's financial resources, are integral to the right to life under Article 21 of the Constitution, and any arbitrary action against them is impermissible.
