The Supreme Court on Monday directed ICICI Bank, Saket, to “forthwith” comply in “both letter and spirit” with its August9, 2023, order to de-freeze the account of NewsClick, a media portal facing money laundering charges under the PMLA.
The court passed the directions after NewsClick complained that despite the order, ICICI had not complied with it and continued to rely on an earlier circular issued by income tax authorities to freeze its account.
Senior advocate Devadatt Kamat, who appeared for the portal, told the bench of Justice B.V. Nagarathna and Justice N. Kotiswar Singh that despite the court staying the recovery proceedings initiated by the income tax department and the directives to de-freeze the account, the bank had refused to budge.
“Why should the bank have doubts? If they can’t understand our simple English we cannot help them,” Justice Nagarathna, heading the bench, observed.
The court said: “We have heard learned senior counsel Devadatt Kamat for the applicant and learned counsel for respondent Union of India and perused our order dated 09.08.2024. There is omission on the part of the ICICI Bank which has not complied with the order of this court dated 09.08.2024 and instead is seeking to comply with the communication dated 15.12.2023 issued by the office of thedeputy commissioner of Income Tax, Central Circle 1, Delhi to them.
“It is needless to observe that the order of this court dated 09.08.2024 is subsequent to the aforesaid communication. In the circumstances, direction is issued to the branch manager, ICICI Bank, E-30, Saket, New Delhi, to comply with the order dated 09.08.2024 both in letter and spiritforthwith.
“At this stage, we would like to also note that Sh. Sameer Parekh, learned counsel for ICICI Bank, is present in court. He very fairlysubmitted that he would ensure that the directions issued by this court dated 09.08.2024 and in this order shall becomplied with....”