LAHORE
Lahore High Court (LHC) has maintained secret data of bank customers is property in the eyes of law and if some bank employee leaks this data by misusing one’s powers or takes undue advantage then clauses of criminal dishonesty too can be applied to employee.
LHC made this remarks while releasing an important legal decision in the case related to misuse of secret data of bank customers, issuance of fake sims and transfer of money from bank accounts.
Justice Tariq Salim Sheikh of LHC released 19-page decision on bail after arrest pleas of two accused persons.
The court rejected the bail plea of bank employee Muhammad Atif while the bail after arrest plea of one Muhammad Usman owner of Sim Franchise was approved against surety bonds in the sum of Rs 10 lac.
It has been said in the decision access to customer data in the state of art banking system is tantamount to access to financial interest of the customer. Therefore, illegal use of such data is heinous offence.
The court further maintained that it is essential to prove the role of every accused on the basis of separate evidence in cyber bank fraud like cases.
According to court case was registered by National Cyber Crime Investigation Agency (NCCIA) against the accused persons on the plea of Pakistan Telecommunication Authority (PTA).
According to prosecution the accused leaked secret data of the bank customers and got issued fake sims. Through these sims one crore four lac rupees were transferred from bank accounts of 6 citizens.
The state counsel told the court this was an organized cyber bank fraud and every accused played separate role therein.
According to prosecution secret customer data of bank was leaked and fake sims were issued on the basis of this data. Bank employee Muhammad Atif sought access to secret information and played effective role in the fraud.
The state counsel further said the clauses related to Pakistan Penal Code (PPC) can be applied to the accused persons in addition to PECA.
The counsel for the bank employee Muhammad Atif took the plea merely access to bank record is not sufficient to prove offence and prosecution has no solid proof which could link the accused directly to offence.
The court maintained prima facie sufficient evidence are available against Muhammad Atif. Therefore, relief of bail cannot be given to him at this stage and his bail plea is rejected.
Advocates Khadim Hussain and Muhammad Ibrar from the side of the accused Muhammad Usman while giving arguments took the plea the alleged fake sims were not issued by their client and nor any device has been recovered from him. Even the money acquired from the offence has not been found in his possession.
According to defence no direct evidences are available to link the accused to the case.
The court maintained in its decision more scrutiny of the direct evidence against Muhammad Usman is essential. Therefore, his bail after arrest plea is approved against the surety bonds in the sum of Rs 10 lac by giving him benefit of doubt.
Justice Tariq Salim Sheikh set this important legal principle that secret data of bank customers is protectable property in the eyes of law and misuse of this data by bank employee or misuse of powers can come under criminal dishonesty.
