Rajasthan High Court Declares Full Bank Account Freezes Unjustified in Vikram Bhatt Case
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Jaipur, March 30 (NationPress) In a landmark decision, the Rajasthan High Court has determined that law enforcement agencies are prohibited from freezing a person's entire bank account, and should confine their actions solely to the disputed funds.
This ruling arose from the case of filmmaker Shwetambari Vikram Bhatt, whose complete bank accounts were frozen during an investigation into alleged fraud.
The court highlighted that freezing an entire bank account is an “extraordinary measure” that should be applied cautiously, accompanied by appropriate legal safeguards.
It specified that any debit restrictions should be limited to the disputed amount—approximately Rs 30 crore in this instance—rather than encompassing the whole account.
“Restricting an account in a mechanical fashion, without establishing a direct connection to the alleged crime, infringes upon fundamental rights,” the court remarked, referencing Articles 21 and 19(1)(g) of the Constitution.
The case originated from an FIR lodged by Udaipur-based Dr Ajay Murdia against filmmakers Shwetambari Bhatt and Vikram Bhatt, accusing them of fraud and criminal conspiracy.
As per the complaint, a film production contract was finalized in May 2024 with an initial budget of Rs 40 crore.
It is alleged that this budget was later inflated, and further funds were requested under the pretense of producing additional films.
The complainant asserts to have invested around Rs 44.28 crore, of which nearly Rs 30 crore was allegedly misappropriated via fraudulent invoices. Despite this investment, only one film was released, while the others are either incomplete or not yet initiated.
Following directives from the investigating officer in Udaipur, banks had imposed a freeze on all accounts belonging to the Bhatt couple.
Their lawyer contended that the funds were legitimate earnings from their profession, and that due process was not observed. It was also argued that the freeze had severely disrupted their financial stability, impacting daily expenses, salaries, loan repayments, and medical requirements.
Justice Farzand Ali, presiding over the case, ruled that such blanket restrictions are unwarranted. The order was made public on March 28.
The SHO of Bhupalpura Police Station has been tasked with promptly communicating the order to the relevant banks.