7 months ago
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Taking enactment that the Ministry of Home Affairs (MHA) is successful the process of a Standard Operating Procedure (SOP), the High Court of Karnataka connected Thursday disposed of a PIL petition, which has sought absorption for instauration of a azygous guideline/SOP for issuance of slope relationship frost orders, debit restrictions and lien markings successful cybercrime cases.
A Division Bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha disposed of the petition, filed by Pavan Vijay Sharma of Bengaluru.
Arbitrary freezing
The petitioner had complained astir wide systematic and recurring problems of ‘arbitrary’ freezing of slope accounts and aggregate lien marking imposed by assorted investigating agencies successful cyber fraud investigation, causing terrible hardship to slope relationship holders owed to deficiency of methods to separate victims, accused persons and 3rd parties.
During the hearing, Deputy Solicitor General of India Shanti Bushan H. told the Court that MHA has already circulated a draught Standard Operating Procedure (SOP) for National Cyber Reporting Platform (NCRP)-Citizen Financial Cyber Fraud Reporting and Management System (CFCFRMS), Custody, Restoration of Money and Redressal Grievance among the State governments and different stakeholders. The seat was besides informed that the Ministry would finalise the SOP aft completion of consultation process with the stakeholders.
Prior verification
The petitioner had besides sought a absorption from the tribunal to the authorities to guarantee that nary slope relationship is frozen oregon subjected to lien without anterior verification of the relationship holder’s engagement successful the alleged offence, signaling of reasons for specified action, and mandatory work of notice/intimation to the relationship holder wrong a tenable time.
However, the Bench said that nary bid is required to beryllium passed successful the petition arsenic process is already nether mode to hole a SOP. Meanwhile, the Bench clarified that disposal of the petition would not travel successful the mode of immoderate individuals oregon entities from seeking remedies connected frozen accounts arsenic per the law.
