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Bank account freezing and de-freezing SOP On January 18, 2026, the Supreme Court of India directed that a plea concernin...
18/01/2026

Bank account freezing and de-freezing SOP

On January 18, 2026, the Supreme Court of India directed that a plea concerning a uniform Standard Operating Procedure (SOP) for freezing and de-freezing bank accounts during cybercrime investigations be presented to Chief Justice of India (CJI) Surya Kant. The bench, consisting of Justices Pankaj Mithal and S.V.N. Bhatti, referred the matter after the Centre indicated that similar matters are being considered in a related suo moto case on "digital arrests".

Key Details of the Plea:-

The petition, filed by Vivek Varshney, highlighted concerns about the arbitrary freezing of bank accounts without prior notice or judicial oversight, which can lead to significant financial difficulties for individuals.
The plea requested several reforms, including:
The creation of a uniform SOP by the Centre and Reserve Bank of India (RBI) to ensure consistent rules across states and prevent arbitrary freezing.
A requirement for account holders to be notified within 24 hours of a freezing action.
Mandatory reporting of all freezing actions to a jurisdictional magistrate as per legal provisions like Section 106(3) of the BNSS or Section 102(3) of the CrPC.
Ensuring that only the specific amount involved in a suspicious transaction is frozen, rather than the entire account.

Context and Next Steps:-

The court aims to find a balance between the need for efficient cybercrime investigation and the protection of citizens' fundamental rights, including the Right to Life and the Right to Property. For further official updates on this and other legal matters, you can monitor the Supreme Court of India's Case Status.

Are you seeking information on how to contest an existing bank account freeze, or are you following the broader legal developments regarding cybercrime guidelines?
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Shout out to my newest followers! Excited to have you onboard! Semim Sultana, Habibur Rahman, Asraful Islam
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Shout out to my newest followers! Excited to have you onboard! Semim Sultana, Habibur Rahman, Asraful Islam

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The Supreme Court of India has filed a cyber crime complaint with Delhi police against a social media handle for imperso...
28/08/2024

The Supreme Court of India has filed a cyber crime complaint with Delhi police against a social media handle for impersonating Chief Justice of India (CJI) DY Chandrachud and seeking money to avail a cab to attend a Collegium meeting.

In a screenshot which went viral online, the scammer is seen posing as CJI Chandrachud and requesting ₹500 for a cab ride to attend a Collegium meeting.

Read the details here: https://www.barandbench.com/news/litigation/supreme-court-files-complaint-against-social-media-handle-impersonated-cji-dy-chandrachud

Separate refreshments for bar and bench: Gauhati High Court lawyers unhappy over Independence Day arrangementsAbhimanyu ...
22/08/2024

Separate refreshments for bar and bench: Gauhati High Court lawyers unhappy over Independence Day arrangements
Abhimanyu Hazarika
Published:21st Aug, 2024 at 5:23 PM
The Gauhati High Court Bar Association has written to High Court Chief Justice Vijay Bishnoi expressing its resentment at the poor arrangements during the recently-held Independence Day celebrations at the court.

In the letter dated August 20 and signed by the Association's president Senior Advocate Kamal Nayan Choudhury and Secretary General Girin Pegu, the association claimed that many lawyers who attended the function were not even offered light refreshments.

"The arrangement for light refreshments during the event fell below the standard expected on such a significant occasion in as much as many members of the Association couldn't even be offered with light refreshment," the letter said.

It also stated that separate refreshments were arranged for judges and lawyers.

"Of particular concern was the arrangement of separate refreshments for the Judges/Registry and Advocates, which fostered a visible distinction between the Bar and the Bench. Such divisions are deeply unsettling ... These rare opportunities should be used to strengthen the bond between the Bar and the Bench rather than create divisions," the association said in its letter.

The overall organisation of the event was inadequate and the registry of the Court did not pay attention to detail, the Bar body lamented.

"The lack of attention to detail in the arrangements for the lawyers, who are integral to the functioning of the court, was not only insulting. are detrimental to atmosphere of congeniality and respect that should prevail between the Bar and the Bench. This unfortunate experience casts a shadow over what should have been a celebration of our nation's freedom and unity ... It is imperative that all future events reflect the dignity and equality that the Bar and Bench deserve, as they work in tandem to uphold the rule of law," the association stated.

The letter underscored that such rare occasions offer the Bar and the Bench the chance to come together in more informal and celebratory settings.

"It is only through close collaboration, mutual respect and understanding between the two that the judiciary can serve its purpose effectively. We believe that events such as the Independence Day celebration should embody and reinforce this unity, not create an atmosphere of division."

The Association concluded by saying it is committed to cooperative relationship between the Bar and the Bench and expressed hope that the Court takes corrective measures

Source: Bar and Bench

13/08/2023


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