The Kerala High Court de-freezing ruling has introduced a procedural safeguard to curb misuse of writ petitions seeking to unfreeze bank accounts. A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM directed that the identity of any litigant filing such petitions must be verified by the local Station House Officer (SHO) before the matter is heard.
📜 Case Background
- Case: Suo Motu v. State of Kerala
- Court: Kerala High Court
- Judges: Chief Justice Soumen Sen & Justice Syam Kumar VM
- Issue: Verification of identity in petitions to de-freeze bank accounts
The Court noted a surge in petitions where individuals sought to de-freeze accounts linked to cyber-fraud cases without providing details of genuine transactions or business activities.
🧑⚖️ Court’s Observations
- Registry must not accept petitions unless the SHO of the petitioner’s jurisdiction is impleaded as a respondent.
- Public Prosecutor must verify identity through the SHO and ensure an affidavit is filed confirming the petitioner’s identity.
- The Registrar General was directed to circulate the order to the DGP and all High Court judges for uniform implementation.
- The DGP must forward the order to SHOs, correctional home superintendents, and DIG of Prisons for compliance.
💬 Vakilify Insight
This Kerala High Court de-freezing ruling reflects judicial concern over the misuse of writ jurisdiction by individuals involved in cyber-fraud. By mandating SHO verification, the Court aims to ensure that only genuine litigants can seek relief, thereby protecting the integrity of judicial proceedings and preventing fraudulent petitions.
🔗 Related Reading and Links
- 👉 Outbound link: Insolvency and Bankruptcy Code, 2016
- 👉 Vakilify Blog: Maintenance Denied to Wife – CrPC Section 125
