We refer to your letter No. ……………. dated 04.09.2005 on the above subject.
We have perused the papers/documents referred to us.
Our opinion is as follows:
The powers of police officers in connection with investigation of offences and production of documents are laid down in section 94 of the Code of Criminal Procedure, 1898, which provides as follows:
“(1) Whenever any Court, or any officer in charge of a police-station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order:
Provided that no such officer shall issue any such order requiring the production of any document or other thing which is in the custody of a bank or banker as defined in the Bankers’ Books Evidence Act, 1891 (XVIII of 1891), and relates, or might disclose any information which relates, to the bank account of any person except, –
(a) for the purpose of investigating an offence under sections 403, 406, 408 and 409 and sections 421 to 424 (both inclusive) and sections 465 to 477A (both inclusive) of the Penal Code, with the prior permission in writing of a Sessions Judge; and
(b) in other cases, with the prior permission in writing of the High Court Division.”
From the Memo being No. 1632 dated 24.08.2005 issued by Mr. X, Police Super, Comilla it appears that the information sought for relates to the bank account of the different organisations of the Islami group and their President/General Secretary/Treasurer and member. As required by section 94, no order of any Court of law has been submitted by the concerned Police Super. In the absence of written permission from the concerned Court of law, Bank is not bound to provide information sought for by the Police Super relating to the bank account of the different organisations of the Islami group and their President/General Secretary/Treasurer and member.
However, in this case Police Super, Comilla has sought information about the suspected militants group for the purpose of national security. In such situation an exception may be made. We are of the opinion that since the national security is involved Bank should assist the concerned authority by supplying information relating to the bank account of the different organisations of the Islami group and their President/General Secretary/Treasurer and member as confidential information.
If you have any further query, please do not hesitate to contact the undersigned.
For: “The Lawyers & Jurists”