• Lokayukt and/or Enforcement Directorate raid/Bank seize

My Father is a retired government officer, who retried in 2012.
 
His house was raided by "Lokayuta" in 2012 few months before retirement, with an FIR filed for "Disproportionate Asset". Nothing has been proven in this case yet.

Now after 5 years, in 2017, the "Directorate of enforcement", has filed an FIR against my father for "Money Laundering".

As part of providing our statements, my elder brother had shared his details of his bank account, and yesterday, one of his bank account was seized by the order of the central government.

Now my father is concerned, and has a few questions,
1. Can the government keep seizing bank accounts like this based on only one case? or for each FIR, they have the right to seize bank accounts?
2. Now, with new FIR for "Money Laundering", can the Central government raid my father's house again?
3. Can the Central government seize my fathers pension account?
4. Can my Father file a petition against the central Government for seizing bank accounts unnecessarily for each FIR?, especially after 5 years of the original raid, can they seize Bank account now?
 5. How should my Father deal with this harassment from the government with out any proof?
Asked 8 years ago in Constitutional Law

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8 Answers

Your bank accounts can be attached based on one FIR

2) if necessary your father house can be raided again

3)your father pension account would not be attached

4) your father can file petition against attachment of bank account

Ajay Sethi
Advocate, Mumbai
99770 Answers
8145 Consultations

Hi

1. Yes authorities can seize the bank account(If required to be seized for the purpose of investigation). It's the part of investigation and process.

2. Yes more raids may be done.

3. There should be no seizure of the pension account.

4. Yes your father can file a petition. It's the right of everyone to oppose the action one think is wrong.

5. Practically proofs are required and the foremost requirements to prove your father not guilty. Better try searching evidences of your favour and be ready to give lots of answers and clarifications.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1.if there is trail of money involving several accounts then the investigating agency can ask for freezing the related bank accounts.

2.Raiding of house for the purpose of seizure of documents is discretion of the investigating agency.

3.yes

4. He can but till the submission of chargesheet after which he can apply for defreezing the account.

5.Without seeing the contents of FIR it is difficult to advise.However every action of the police authority can be challenged in court .

Devajyoti Barman
Advocate, Kolkata
23650 Answers
537 Consultations

Seizing of your brother's bank account, in connection to a FIR lodged against your father, prima facie soeems to be without jurisdiction.

Approach the High Court by way of filing a writ of mandamus and get this lifted.

Also, you have the option of challenging the FIR(s) if the allegations there in are totally false and concocted.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello sir , if the investigaton of police is inappropriate , you can file a writ in high court to restrain them for seizing the personal bank accounts as , it is the means for meeting the household expenses

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

A lot depends on the fact and the allegations leveled against your father in the FIR .

Without perusing the content of the FIR no concrete opinion can be rendered.

If arbitrary and without any reason the bank accounts have been seized then obviously you have the right to challenge such arbitrary action in the HC, alongwith the same you will have to challenge the FIR.

Contact a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Client,

Precise can be advised on perusals of records, Both of Lokayukt ( finding of lokayukt ) closer reply. and ED FIR,

1. Can the government keep seizing bank accounts like this based on only one case? or for each FIR, they have the right to seize bank accounts? -- cannot until cogent evidence available in each FIR and also if some other crucial evidence came forth in previous FIR, but since the previous one is closed than cannot on basis of previous FIR>.

2. Now, with new FIR for "Money Laundering", can the Central government raid my father's house again? - yes, this can be done only if they have substance that also must be recorded in investigation report but not by choice or in ordinary/routinely,

3. Can the Central government seize my fathers pension account? - No

4. Can my Father file a petition against the central Government for seizing bank accounts unnecessarily for each FIR?, especially after 5 years of the original raid, can they seize Bank account now? - can be advised after getting all the facts and records.

5. How should my Father deal with this harassment from the government with out any proof? - records needed.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. On discovery more and more details about illegal amassing of money disproportionate to his known sources of income, the authority may seize them and keep it on hold till the disposal of the case.

2. Yes, there can be another raid by the sleuths of IT department

3. Pension cannot be seized, but the account can be kept on hold

4. He can file a petition but it may not be maintainable.

5. He has to challenge the same before the trial court only

T Kalaiselvan
Advocate, Vellore
89972 Answers
2490 Consultations

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