How Rs 105 transfer to chole bhature vendor’s account led to High Court hearing?

Cyber crime: In a curious case highlighting the stringent approach towards cyber fraud, a street vendor’s bank account was frozen after receiving ₹105 linked to a fraudulent transaction. The vendor, who runs a small food stall selling chole bhature in Ashok Vihar, northwest Delhi, was unaware of the issue until he visited the bank seeking clarification.

According to the bank, ₹105 deposited in his account was traced to a cyber fraud involving ₹71,000. The vendor approached the Delhi High Court after his livelihood was severely impacted by the frozen account.

Court recognizes right to livelihood

Hearing the plea, Justice Manoj Jain of the Delhi High Court sympathized with the vendor’s plight. The court emphasized that freezing the account of a daily wage earner jeopardizes his family’s sustenance. Justice Jain remarked, “The petitioner is dependent on his daily earnings to support his family. Without clear evidence linking him to the fraud, such an action is neither reasonable nor sustainable.”

The court ordered Union Bank of India to unfreeze the vendor’s account, directing the disputed ₹105 to be flagged for further investigation. Justice Jain further stated that there was no indication that the petitioner was involved in any conspiracy or knowingly received illegal funds.

Fundamental rights upheld

The court highlighted that freezing the vendor’s entire account violated his fundamental rights under Article 21 of the Constitution, which guarantees the right to livelihood as an integral part of the right to life. Justice Jain asserted that penalizing an individual without adequate evidence not only disrupts their livelihood but also undermines their dignity.

The incident underscores the need for balanced enforcement in cybercrime investigations, ensuring innocent individuals do not bear the brunt of punitive actions.