Kerala High Court Mandates Police Verification Of Petitioner's Identity In Bank Account Defreezing Pleas

The Kerala High Court has recently directed strict procedural safeguards in cases where petitioners seek defreezing of their bank accounts, mandating police verification of identity before such pleas are entertained.

A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. issued the directions while disposing of a suo motu Judicial Practice and Procedure (JPP) proceeding initiated by the Court.

The bench ordered that the Registry of the High Court shall not accept any writ petition or other petition in which a prayer is made for defreezing of bank accounts unless the Station House Officer (SHO) of the police station having jurisdiction over the area of the petitioner's address is impleaded as a party respondent.

“The Registry is directed not to accept any writ petition or other petition in which a prayer is made for defreezing of the bank accounts, unless the Station House Officer (SHO) of the Police Station having jurisdiction over the area of the petitioner's address is impleaded as a party respondent,” the Court said.

The Bench further directed that, in all such matters, before any order is passed, the learned Public Prosecutor shall ascertain the proper identity of the writ petitioner through the SHO of the concerned police station and shall insist upon the filing of an affidavit by the SHO establishing the identity of the writ petitioner.

The Court also directed the Registrar General of the High Court to circulate the order to the Director General of Police (DGP) for information and compliance. The Registrar General was further directed to circulate the order among all Judges of the High Court.

Additionally, the Bench directed the DGP to circulate the order to all SHOs, the Superintendents of Correctional Homes and the Deputy Inspector General (DIG) of Prisons for compliance.

Accordingly, the suo motu JPP proceeding was disposed of.

For Petitioner: Advocate Nayanpally Ramola

For Respondent: Special Government Pleader P. Narayanan