NOUSHAD v. THE UNION OF INDIA
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-02-29. NOUSHAD v. THE UNION OF INDIA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TH THURSDAY, THE 29 DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 WP(C) NO. 6254 OF 2024 PETITIONER: NOUSHAD AGED 50 YEARS S/O. MUHAMMEDKUTTY, ELAYADATH PUTHANVEETIL HOUSE, PUNNA, CHAVAKKAD, THRISSUR DISTRICT, PIN - 680506 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 POLICE INSPECTOR CEN CRIME POLICE STATION, EAST DIVISION, SHIVAJINAGAR, BANGALURU CITY, E MAIL: CENPSEASTBCP@KSP. GOV. IN, PIN - 560001 5 THE FEDERAL BANK LTD.
KUNNAMKULAM BRANCH, THRISSUR DISTRICT, PIN - REPRESENTED BY ITS SENIOR MANAGER & BRANCH HEAD, PIN - 680503 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29. 02. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The facts involved in this case are covered by the judgment of this Court in Dr. Sajeer v. Reserve Bank of India & Anr. [2024 (1) KLT 826]. Since the learned counsel for the parties are ad idem on this, I allow this writ petition in terms of the said judgment. Consequently, I order this Writ Petition with the following directions: (a) The respondent Bank arrayed in this case, is directed to confine the order of freeze against the accounts of the petitioner, 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 petitioner to deal with their accounts, and transact therein, beyond that limit.
(b) The respondent – Police Authorities concerned are hereby directed to inform the Bank as to whether freezing of accounts of the petitioner in this Writ Petition 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 Bank receiving the afore information/intimation from the Police Authorities, they will adhere to the same 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 the Bank in terms of directions (b) above, the petitioner or such among them, will be at full liberty to approach this Court again; for which purpose, all their contentions in this Writ Petition are left open and reserved to them, to impel in future.
Sd/- DEVAN RAMACHANDRAN JUDGE SAS APPENDIX OF WP(C) 6254/2024 PETITIONER’S EXHIBITS: Exhibit P1 A TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM THE 5TH RESPONDENT BANK DATED 14-2-2024
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.