Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Order Date: 26 June 2026
Case Overview
- Petitioner: Mr. Pabitra Sonowal, 39‑year‑old advocate, resident of Kamrup M, Assam.
- Respondents: Union of India (Ministry of Home Affairs), Indian Cyber Crime Coordination Centre, Commissioner of Police Karnataka, Joint Commissioner of Police West Zone Cyber Crime, ICICI Bank Ltd and its Ulubari Branch Manager.
- Issue: Savings account No. 741901500407 with ICICI Bank Ulubari Branch was frozen on 14‑05‑2026 following a complaint lodged with the National Cyber Crime Reporting Portal (NCCRP). Petitioner alleged no fraudulent activity and that the freeze was imposed without notice, causing prejudice.
- Allegations: Bank’s affidavit indicated a suspected fraudulent transaction of Rs 12,000. Petitioner contended that only the disputed amount should be kept in lien, citing precedents (Mohammed Saifullah v. RBI, Neelkanth Pharma Logistics v. Union of India, Kartik Yogeswar Chatur v. Union of India).
- Respondent’s Position: Freeze was lawful per NCCRP direction; magnitude of fraud not yet quantified; any relief should consider public interest.
Final Outcome
- The Court allowed the petitioner to operate the savings account subject to a lien of Rs 25,000 for a period of six months.
- If no material linking the petitioner to cyber‑fraud is found within six months, the lien will be released and the account will be free of restrictions.
- The petitioner must furnish a bond to indemnify ICICI Bank against any loss arising from illegal or fraudulent activity involving the account.
- The writ petition is disposed of in these terms.
Topics: Banking, Cyber Crime, Court Order