SC places before CJI plea for SOP on freezing, de-freezing of bank accounts during cybercrime probes
New Delhi (PTI): The Supreme Court has directed that a plea seeking directions to the Centre and the Reserve Bank of India to formulate a Standard Operating Procedure governing freezing and de-freezing of bank accounts during cybercrime probes be placed before Chief Justice of India Surya Kant.
A bench of Justices Pankaj Mithal and SVN Bhatti directed the apex court registry to seek instruction from the CJI and place the matter accordingly before appropriate bench after it was informed by the Centre that the CJI-led bench was already hearing a suo moto matter related to digital arrests, where the same issue is under consideration.
"Anil Kaushik, ASG further submits that as far as prayers 'B' and 'C' are concerned, they are the subject matter of consideration before another bench of this Court in Suo Moto Writ Petition (Crl.) No…. In view of the above, the registry to obtain appropriate orders from the Chief Justice of India and post the matter accordingly," the top court said in its order on January 16.
The top court had earlier agreed to examine the plea which have prayer 'B' stating that no bank account shall be frozen without a written reasoned order and intimation to the account holder within 24 hours of such action and every freezing order shall be forthwith reported to the jurisdictional magistrate as mandated under Section 106(3) of BNSS/ 102(3) of the CrPC.
Its prayer 'C' seeks direction to the Centre and the Reserve Bank of India to formulate a uniform Standard Operating Procedure (SOP) governing freezing and de-freezing of bank accounts during cybercrime investigations, so as to prevent arbitrary action and ensure procedural fairness nationwide.
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At the outset, Kaushik informed the bench that Centre has not freezed the bank accounts of petitioners, who alleged the action was taken without intimation.
On January 6, the top court had asked the copy of the petition to be served on the Centre within three days, and listed the matter next week.
The plea also sought the issuance of appropriate guidelines to all investigating agencies, including cyber cells across the country, to ensure that no bank account is frozen without a written, reasoned order and intimation to the account holder within 24 hours of such action.
The plea filed by petitioner Vivek Varshney, through advocate Tushar Manohar Khairnar ,said he was aggrieved by the "arbitrary freezing/holding" of his bank account(s) by the Cyber Cell of Tamil Nadu police allegedly without any prior notice, communication or judicial approval, thereby violating his fundamental rights under Articles 19(1)(g) and 21 of the Constitution.
The petitioner claimed that the freezing order in his case has resulted in complete financial paralysis, restricting him from carrying out his professional and personal obligations, including payment of essential expenses, taxes and liabilities.
"It is respectfully submitted that Section 106(3) of BNSS/ 102(3) of the Cr.P.C. mandates that any seizure or freezing of property must be forthwith reported to the jurisdictional magistrate. However, in the instant case, no such compliance has been made. The action of the respondents is, therefore, without jurisdiction, arbitrary, and unconstitutional," it said.
The plea highlighted that there is currently no uniform procedure or Standard Operating Protocol (SOP) governing the freezing and unfreezing of bank accounts during cybercrime or financial investigations.
"Consequently, citizens across different states are subjected to inconsistent practices, prolonged freezing periods, and deprivation of their financial rights without due process.
"Hence, this court's indulgence is sought to (i) direct the immediate defreezing of the petitioner’s account(s); and (ii) frame uniform guidelines to ensure procedural safeguards, proportionality, and accountability in all future actions of this nature," it said.
Varshney, whose bank account was allegedly frozen due to transaction related to sale of jewellery, submitted that his writ petition was filed to formulate a rule that unless an account holder is proven to be complicit in a crime, their entire bank account or amount more than alleged to be involved in the crime should not be frozen merely because a suspicious transaction has been traced to it.
"Recognising the increasing frequency of such cases", the plea urged the court to "formulate guidelines to save the common man from suffering from unnecessary harassment".
It also urged the court to direct "the Ministry of Home Affairs, Government of India to formulate a uniform policy and standard operating procedures (SOPs) in the cases of similar nature where cyber cell issues notices freezing accounts"
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Cold conditions intensify in Kashmir; IMD forecasts spells of wet weather
Srinagar (PTI): Cold conditions tightened grip over Kashmir as the minimum temperatures plunged across the valley, with Sonamarg the coldest recorded place in the valley, officials said on Sunday.
The meteorological department has forecast spells of wet weather, especially in the higher reaches of the valley over the next few days.
Officials said Srinagar recorded a low of minus 4.7 degrees Celsius while Sonamarg in central Kashmir's Ganderbal district, which received moderate snowfall on Friday, recorded a low of minus 8.9 degrees Celsius.
Shopian in south Kashmir recorded a low of minus 6.7 degrees Celsius while Pahalgam recorded a minimum temperature of minus 6 degrees Celsius.
Gulmarg tourist resort in north Kashmir's Baramulla district registered a low of minus 5.6 degrees Celsius, down from the previous night's minus 4.2 degrees Celsius.
Qazigund, the gateway town to the valley, saw the minimum settle at minus 4.8 degrees Celsius.
Kokernag recorded a low of minus 2.2 degrees Celsius, and Kupwara recorded a minimum temperature of minus 4.8 degrees Celsius, they added.
The Kashmir Valley is currently in the midst of 'Chilla-i-Kalan', the 40-day harshest winter period, during which night temperatures frequently plunge several degrees below the freezing point, and chances of snowfall are the highest.
'Chilla-i-Kalan', which began on December 21 last year, will end on January 30, followed by 'Chilla Khurd' and 'Chillai Bachha'.
The Meteorological Department has said back-to-back western disturbances would impact Kashmir, causing wet spells over the next few days.
Light snow at isolated higher reaches is possible on Saturday and Sunday, while light to moderate rain/snow is likely on January 19 and 20, it said.
The MeT office said there is a possibility of light snow at isolated higher reaches on January 21, following which light to moderate rain or snow is likely till January 25. A few districts of the Chenab valley, Pir-Panjal range and south Kashmir districts might get heavy rain or snow from January 23 to 24.
