Legal Question in Telecomm Law in Pakistan
Dear Law Guru Team,
My name is Mehmood. Actually, I used to have one current account in UBL (Lahore, Pakistan). I gave a cheque of 100,000 Rupees to one of my relatives (Rizwan) in December 2009. Due to less balance in my account (difference of few thousands only), that fellow couldn�t cash it out. Basically, he contacted me by phone and I did promise him full amount after my arrival from Islamabad. But when I came back after a week, the scenario was totally different; he listened to some vague and insecure stories of his friends and went to police station for FIR, having no faith and trust (with evidence of bank + cheque). Moreover, he switched off his mobile when I called him and tried to visit him. He finished all sort of contact with me. God knows what happened to him.
According to my other family members, Rizwan being fully negative in my absence planned for vicious revenge or something related, because of our domestic/internal/inner family values. He also gave some money to police to arrest me and punish me brutally in prison. By the way, he was sure that his money is secure with me and he will get it back anyway, but what I think that he was very happy after long time for my legal misery due to that given cheque as solid evidence against me. If his intention was just money, I was standing right there to provide his cash back.
Once, I was out and got call from neighbours that police came to our house and arrested my cuisine, finally when they couldn�t find me. He was beaten there very bad. Few other calls came to my mobile that Rizwan is looking for you with police. The problem was, he planned well with police to take his revenge indirect. Finally I got call from my sister�s house too, this was totally horrible. Quickly, in fear I moved to Islamabad to secure myself first of all, otherwise that guy was totally mad, left no house in my search with his evil planning.
All of other relatives who went to police station, they came out within two weeks because they were not directly involved between us. So the judge of high court said: �Mohmood is criminal observing 489-F Pakistan Penal Code, he must face trial under regulations of Government of Pakistan, he must give cash back otherwise up to 3 years can be given for locking up�. If you ask me, this is good verdict, I do agree. But judge didn�t know what Rizwan planned with police to beat up whole family. I can allow exchange of cash, facing trial, but this guy turned everything to ill-mannered approach of bloody game within police station for his vengeance. After 1 month, I heard that Rizwan has travelled to Saudi Arabia on 3 years contract with employer. It was verified news.
I came back to house (Lahore), and changed my living location. After 6 months, we all moved to Islamabad and until now, we are living here and I just started my job here. I have question of banking actually. All employees get salary through pay-cheques by name or account. Now, having above whole scenario in front of you:
Can I open a bank account in any bank within Islamabad?
Does any bank verify my �Nadra CNIC� from other banks to locate my criminal data?
Does any bank verify my �Name� from other banks to locate my criminal data?
489-F PPC verdict goes to all police stations within Pakistan to locate criminal?
If I change my Nadra ID for current address (from Lahore to Islamabad), UBL lahore will be able to locate me here?
Lets say Rizwan comes back from Saudi Arabia, and I have opened new back account in Islamabad living in comfort, how can he locate me? I mean if he goes to UBL Lahore again, they can search my name in Nadra Veri-Sys or they can find me by newly opened bank account anywhere in Pakistan?
Please do help me and assist me in detail. If you don�t have time, simply provide me Green Signal �YES� for opening new bank account, which means its totally secure for me, Rizwan wont be able to locate me by the help of UBL Lahore / Nadra Veri-Sys / Police / any other investigative agency.
Red Signal �NO� means, I must not open account in Islamabad. He can go to UBL Lahore or Nadra Veri-Sys, and can locate my current location. He can even contact police to re-check my CNIC status, so they can search the records (new bank account / location). It will be messed up situation again for me and for my family too.
My main point goes to CNIC usage actually. Bank account opening is related with CNIC we all know. Okay lets say I have opened new account here in Islamabad. This record of account opened goes where? Is it interlinked with police and other banks or not? Is it traceable by investigative agencies or not? Is it track-able from old bank account or not?
Okay! lets say I don�t change my address of Nadra, and leave it as it is, so in future no one can trace me by Nadra Veri-Sys anymore (problem finished). BUT, any bank can locate me judging where my CNIC was used recently? Lets say I opened new account in MCB (Islamabad), and old UBL (Lahore) can locate it in any sense or from any direction that my new account is in Islamabad, so they can contact Islamabad branch and find me here as wanted criminal?
PLEASE DO HELP ME!
Best Regards,
Mehmood Awan.
1 Answer from Attorneys
u can open account with same address and it ll be better.
our police do not investigate in that way. and no bank send such information to others.
but I am wonder that why u r hiding just for one lac.?
u must got Pre arrest bail and paid the amount thats all. u did not gave the cheque with dishonestly which is actually crime. nothing ll be happened to u at all. I am sure that u did not touched a good lawyer. your case is fit for equital. if u became "Ishtehari "
by court then it ll be more difficult for u and police can arrest u any time.
if police arrested urs relatives they must approach to High authorities or High Court to registered a case against them as in 489-F police can not touch the relative of accused persons.
please consult a lawyer.
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