JIMBE R. MARAK Vs. THE STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) THE brief fact of the case in a nutshell is that:

(2.) THE petition has been moved by Mr. S. Dey, learned counsel for the petitioner, who submits that, without any enquiry or notice, the petitioner's pass book bearing SBI Account No. 32537404326, State Bank of India, Williamnagar Branch have been frozen by the Superintendent of Police, West Garo Hills District, Meghalaya on the mere plea that this Account number may be used by her husband who is a suspected militant.

(3.) AFTER hearing the rival submissions advanced by the learned counsel for the parties, I am of the opinion that before freezing any account of any person, it is necessary for the freezing authority to enquire into the matter and details and to pass a reason order so that, the aggrieved party/account holder will know the reason for which, his or her account has been freeze. We cannot freeze the account of a person on mere suspicion because it may cause hardship to the account holder. We must remember that in law we must act in a manner as law desires, otherwise not. Since there is no allegation that, till date the said account has been operated by the petitioner's husband or any other militants, she is hereby allowed to operate her account freely.