States » NorthPosted at: Nov 3 2026 6:00PM


Cyber crime probe can't paralyse salary account over Rs 21,000 credit: Himachal HC

Shimla, Nov 3 (UNI)The Himachal Pradesh High Court has directed the State Bank of India to remove the complete debit freeze on the salary account of a Government servant, holding that a blanket freeze over an incidental credit of Rs 21,000 violates fundamental rights.
The bank may retain a hold only on the disputed amount, the court directed.
Justice Sandeep Sharma passed the order in a petition Shiv Singh versus State of Himachal Pradesh and others, under Article 226 of the Constitution.
The petitioner, a Patwari, holds a salary account at SBI's Ganvi branch in Rampur tehsil of Shimla district.
He told the court he downloaded an online gaming application, "Yono Games", and received a winning amount of Rs 21,000 in the account on July 9, 2026.
The bank later placed a total debit freeze on the account on requisitions from cyber crime authorities in Thane, Maharashtra.
The freeze was linked to two interstate cyber complaints registered on the National Cyber Crime Reporting Portal, one originating from Thane and another from Telangana.
The petitioner made repeated representations to the bank, police and cyber crime officials between August and October.
His grievance on the portal was closed on August 20 without a hearing, he said.
The court acknowledged that investigating agencies are competent to direct banks to freeze accounts, but said they must act with care, caution and compassion. It noted the petitioner was not alleged to be a suspect or accused, and could be an "unintended beneficiary" of a third party's fraud.
The court said an agency should at least issue a show cause notice before a blanket freeze and must assign reasons when it seeks to freeze an entire account.
Where the disputed amount is identifiable, marking a lien on that sum is the more appropriate interim measure, it observed.
Relying on the Delhi High Court's ruling in Pawan Kumar Rai vs union of India and the Kerala High Court's decision in Dr. Sajir v. Reserve Bank of India, the court held that the complete freeze, imposed without notice or hearing, infringed Articles 14, 19(1)(g) and 21.
It said salary is a form of property and integral to the right to livelihood, and that depriving a Government servant of it without due process is illegal and unsustainable.
The court added that the account could not be frozen without ascertaining the holder's mens rea or complicity, and that the petitioner may have received the money in good faith through an automated payout.
Disposing of the petition, the court directed the bank, respondent No. 6, to remove the complete debit freeze and keep a hold or lien only on the disputed amount subject to the ongoing investigation.
Mohar Singh and Shine Sehgal appeared for the petitioner. Additional Advocate General Rajan Kahol represented the State, and Senior Advocate Arvind Sharma appeared for the bank.
UNI BN
Tags: #Cyber crime probe can't paralyse salary account over Rs 21#000 credit: Himachal HC
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