Archive · 18 Jan 2026
SC Refers Plea on Bank Freeze SOP to CJI
The Supreme Court has sent a request to the Chief Justice of India to decide on a case about freezing bank accounts during cybercrime investigations.
A man named Vivek Varshney asked the court to make rules so that bank accounts aren't frozen without a good reason and proper notice.
He said his account was frozen without any warning, which caused him a lot of trouble.
The court agreed to look into this and asked the government to respond.
They also said that another court is already looking at a similar issue, so they want the Chief Justice to decide which court should handle this case.
The man wants rules to be made so that this doesn't happen to other people.
The Supreme Court referred a plea to the Chief Justice of India (CJI) seeking directions for the Centre and the RBI to formulate a Standard Operating Procedure (SOP) for freezing and de-freezing bank accounts during cybercrime probes.
The plea was filed by Vivek Varshney, who alleged that his bank account was frozen by the Cyber Cell of Tamil Nadu police without prior notice or judicial approval, violating his fundamental rights.
The plea seeks directions that no bank account shall be frozen without a written reasoned order and intimation to the account holder within 24 hours, and that every freezing order shall be reported to the jurisdictional magistrate as mandated by law.
The plea also seeks the formulation of a uniform SOP to prevent arbitrary action and ensure procedural fairness nationwide during cybercrime investigations.
The Supreme Court noted that another bench is already considering a similar issue in a suo moto matter and directed the registry to seek instructions from the CJI and place the matter before the appropriate bench.
- Who
- Vivek Varshney, a petitioner whose bank account was frozen by the Cyber Cell of Tamil Nadu police
- What
- The Supreme Court has referred a plea to the Chief Justice of India (CJI) seeking directions for the Centre and the Reserve Bank of India (RBI) to formulate a Standard Operating Procedure (SOP) for freezing and de-freezing bank accounts during cybercrime probes
- When
- The order was passed on January 16, and the matter was listed the following week
- Where
- The Supreme Court of India, New Delhi
- Why
- To prevent arbitrary action and ensure procedural fairness nationwide, and to address the petitioner's grievance of his bank account being frozen without prior notice or judicial approval
- Petitioner
- Vivek Varshney
- Advocate
- Tushar Manohar Khairnar
- Bench
- Justices Pankaj Mithal and SVN Bhatti
- CJI
- Surya Kant
- Date of Order
- January 16
- Section 106(3) of BNSS/ 102(3) of the Cr.P.C.
- Mandates reporting of seizure or freezing of property to the jurisdictional magistrate
- Prayer 'B'
- No bank account shall be frozen without a written reasoned order and intimation to the account holder within 24 hours
- Prayer 'C'
- Direction to the Centre and the RBI to formulate a uniform SOP for freezing and de-freezing of bank accounts during cybercrime investigations