Bank Account Can't Be Frozen Under UAPA Without Order Of Central Govt Under S.7(1) : Madras High Court

The Madras High Court recently set aside an order passed by the Assistant Commissioner of Police, Vepery Range and ordered de-freezing the bank account of Tamil Nadu Development Foundation Trust after finding that the trust's account was frozen under the Unlawful Activities Prevention Act without conducting proper inquiry. The court noted that as per Section 7 of the UAPA, the Central Government could pass a prohibitory order if it came to the subjective satisfaction that any person aids or assists an unlawful association with money or is in the custody of money, securities or credits which is used or intended to be used foe the purpose of unlawful association. To the Trust's argument that the Assistant Commissioner did not have any power, the court disagreed with the same and noted that as per the Act, the Central Government could delegate the powers exercised by it to the State Government. Counsel for the Petitioner: Mr.Abdul Basith Counsel for the Respondents: Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.Aravind.C, Mr.AR.L.Sundaresan, Additional Solicitor General assisted by Mr.R.Rajesh Vivekananthan Citation: 2024 LiveLaw 141 Case Title: M/s.Tamil Nadu Development Foundation Trust v. The Assistant Commissioner of Police Case No: W.P.No.11821 of 2023