Bank account is the ‘essence of economic existence’, can’t be frozen without FIR or court order: Delhi high court tells Gujarat police

Bank account is the 'essence of economic existence', can't be frozen without FIR or court order: Delhi high court tells Gujarat police

The Delhi high court invoked Cicero, the Roman jurist and philosopher, observing: “A bank account is not just a place to keep money but is the very essence of an individual’s economic existence.

NEW DELHI: The Delhi high court has observed that a bank account forms the very essence of an individual’s economic existence and cannot be frozen in the absence of any accusation, FIR, or judicial order against the account holder, as per a report by PTI news agency.Justice Purushaindra Kumar Kaurav made the observation while hearing a petition filed by an individual whose bank account in a private bank had been frozen following a complaint lodged by the Gujarat Cyber Crime Police in November 2024.Directing the bank to “immediately defreeze” the account, the court held that in the absence of any material connecting the petitioner to any offence, the freezing of his account was wholly arbitrary and unsustainable in law. It further added that in the absence of any justification from the Gujarat Police, the continued seizure of the account was uncalled for, according to a PTI report.The court then invoked Cicero, the Roman jurist and philosopher, observing: “A bank account is not just a place to keep money but is the very essence of an individual’s economic existence.Cicero, the Roman jurist and philosopher, once declared that ‘So-and-so is innocent; but although he is free from guilt, he is not free from suspicion,’ that is exactly the petitioner’s situation.“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,” the court said in its judgment.While granting relief to the petitioner, the court also directed him to cooperate in case there is any investigation or inquiry by the concerned agency.

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