Freezing of Bank Account --Suspicious Amount was much less than Total Amount in Account -- Freezing Entire Account Disproportionate and Violates Article 21
The power of an investigating agency to freeze bank accounts during investigation must be exercised in a reasonable, proportionate and lawful manner. Freezing an entire bank account, without specifying the quantum of suspected amount or establishing the involvement of the account holder in any criminal activity, causes undue hardship and affects fundamental rights. Such disproportionate freezing, especially of salary and lawful deposits, impinges on the right to livelihood and dignity guaranteed under Article 21 of the Constitution. Where a specific suspicious amount is identified, a lien to that extent alone should be marked, pending investigation.
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