The Delhi High Court has observed that a bank account forms the “very essence of an individual’s economic existence” and cannot be frozen without any accusation, FIR, or judicial order against the account holder.
Justice Purushaindra Kumar Kaurav made the remarks while hearing a petition filed by an individual whose 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 there was no material linking the petitioner to any criminal offence and that the action taken against him was arbitrary and legally unsustainable.
The court further noted that the Gujarat Police had failed to provide any justification for continuing the seizure of the bank account, making the prolonged restriction unwarranted.
Invoking the words of Roman jurist and philosopher Cicero, the court observed:
“A bank account is not just a place to keep money but is the very essence of an individual’s economic existence.”
Referring to the petitioner’s situation, the court cited Cicero’s statement: “So-and-so is innocent; but although he is free from guilt, he is not free from suspicion.”
The judgment stated that the petitioner’s money remained inaccessible despite there being no FIR, accusation, or judicial order against him. The court added that freezing a bank account without proper justification directly affects an individual’s right to life by creating serious economic impediments.
While granting relief, the court also directed the petitioner to cooperate fully with any future investigation or inquiry conducted by the concerned authorities.
