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TMI Blog2021 (6) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... aluru on 14.05.2012. It is a member of the Amnesty International Global Movement and it is a non-political, non-sectarian and non-profitable organization established to promote and protect human rights enshrined in the Constitution of India, the Universal Declaration of Human Rights and other international standards, with a charitable purpose. It is stated that the appellant is having current accounts as well as FD accounts with respondent Nos. 3 to 7 and the said accounts were frozen by respondent Nos. 1 and 2 by orders dated 28.05.2020, 26.08.2020 and 09.09.2020. Being aggrieved by the action of respondent Nos. 1 and 2 in freezing the accounts of appellant, a writ petition was preferred i.e. W.P. No. 12295/2020 by the appellant and during ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Account No. 209044039554 and 209044039546 vide Annexure-B2. (c) YES Bank Kasturba Road Bangalore Account No. 002288700000056 and 002288700000068 vide Annexure-B3 & B4. (d) IDBI Bank Indirangara Bangalore Account No. 0693102000005289, vide Annexure-B5. (e) South Indian Bank Indiaranagar Branch, Bangalore Account No. 0399053000012158 vide Annexure-B6." although in the interim prayer, petitioner has sought relief in respect of other accounts also. 13. This Court while considering petitioner's writ petition No. 51601/2020 has permitted petitioner to operate the account in respect of money received after October 25, 2018 by interim order dated November 22, 2018. That petition was directed against search and seizure under the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orders within an outer limit of 45 days from the date of receipt of a copy of this order. If the investigation is not completed within the said period, petitioner shall be at liberty to seek appropriate relief before the appropriate forum. Writ petition disposed of with above directions. No costs." 5. Learned Counsel for the appellant has vehemently argued before this Court that the orders passed by respondent Nos. 1 and 2, dated 25.08.2020, 26.08.2020 and 09.09.2020, freezing the appellant's bank accounts are illegal and contrary to the provisions of the PMLA, 2002. It is further argued that the provisional attachment order dated 26.11.2020 was issued to cover up illegalities of freezing the bank accounts without passing the appro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner to operate the account for the money received after 25.10.2019 on which date, Kotak Mahindra Bank, HDFC Bank and Yes Bank were directed to stop the operations in respect of accounts of the petitioner-Indians for Amnesty International Trust, Bengaluru bearing CA Account Nos. 209011061162, 209044039546, 209044039 554. The learned Central Government Counsel seriously objected for grant of interim order and sought time to file objections to the main matter. Taking into consideration the arguments of the learned Senior Counsel for the petitioner that the respondent has no authority to initiate Proceedings under the Foreign Exchange Management Act, 1999, this Court is of the considered opinion that no prejudice would be caused to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt order, are only the accounts from which no transaction can be carried out. He has further stated that in respect of other accounts which are still operational, no orders are required to be passed in the present appeal and the appellant is certainly free to operate the other accounts in accordance with law. 9. Another important aspect of the matter as informed by learned Counsel for Union of India is that keeping in view the statutory provision as contained under the PMLA, 2002, investigation was carried out and the department has taken action strictly under Section 5 of the PMLA, 2002. It has been further stated that a show cause notice was issued to the appellant and the appellant did submit a reply thereafter and the matter is pending ..... X X X X Extracts X X X X X X X X Extracts X X X X
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