New Delhi, May 13 (IANS) The Delhi High Court has ordered HDFC Bank to immediately defreeze the bank account of a Delhi resident, holding that the continued freezing of the account without any FIR, accusation, or judicial order was “wholly arbitrary and unsustainable in law”.

A single-judge Bench of Justice Purushaindra Kumar Kaurav, in an order passed on May 4, allowed the plea filed by Tushar Verma, whose savings account with HDFC Bank was frozen following a complaint received from the Cyber Police Station, Vadodara City, Gujarat.

The petitioner had informed the Delhi High Court that on November 8, 2024, he received Rs 87,694 from his brother, following which the bank placed a lien of Rs 41,896.92 on January 16, 2025, on the basis of a complaint from the Gujarat Cyber Police.

Subsequently, on March 22 and April 18, 2025, the freeze was extended to the entire remaining balance in the account. The petitioner contended that no FIR had been registered against him and that he had neither been summoned nor arrayed as a suspect in any investigation.

The respondent bank submitted that the freeze was marked solely on account of a complaint received from the Cyber Crime Police Station in Gujarat.

Noting that the investigating agency had neither filed a reply nor produced any material connecting the petitioner to any offence, the Delhi High Court said the continued freezing of the account could not be sustained in law.

“This continued inaction, coupled with the absence of any material to connect the petitioner to any offence, renders the freezing of his account wholly arbitrary and unsustainable in law,” Justice Kaurav observed.

“The Court thus finds that in the absence of there being any justification by the Cyber Crime, Gujarat, the continuing seizure of the petitioner’s account was uncalled for. The bank has also not produced any order from a competent court authorising the debit freeze. This breaches the constitutional guarantees the petitioner is entitled to,” the order said.

Relying on its earlier decision in Malabar Gold and Diamond Limited v. Union of India, the Delhi High Court reiterated that indiscriminate freezing of bank accounts of persons who are neither accused nor suspects violates fundamental rights under Articles 19(1)(g) and 21 of the Constitution.

It said that such actions adversely affect the right to livelihood and day-to-day business operations of innocent account holders. “A bank account is not just a place to keep money but is the very essence of an individual’s economic existence,” Justice Kaurav remarked.

Quoting Roman philosopher and jurist Cicero, the judge further observed: “So-and-so is innocent; but although he is free from guilt, he is not free from suspicion.”

“That is precisely 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 order added.

The Delhi High Court consequently directed HDFC Bank to “immediately defreeze” the petitioner’s account while directing him to cooperate in case any inquiry or investigation is conducted in future.

–IANS

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