AMJADKHAN NASIRBHAI PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Pursuant to order dated 26.04.2018, respondent has come forward with certain documents in the form of communications dated 05.05.20118 received by the Government Pleader from the Deputy Superintendent of Ahmedabad Central Jail, so also letter dated 03.05.2018 of the Superintendent of Ahmedabad Central Jail addressed to the Bank Manager of Bank of India, Subhash-Bridge Branch, Ahmedabad, which is having endorsement of Bank so also a statement of the convict - petitioner Amjadkhan Nasirbhai Pathan. Copies of such communications are to be taken on record. Perusal of such documents make it clear that pursuant to order dated 26.04.2018 by this Court, the respondent-jail authority has conveyed the Manager of Bank of India to open Bank Account in the name of the convict - petitioner Amjadkhan Nasirbhai Pathan. In the same letter, it has been disclosed by the jail authority, pursuant to statement of the convict - petitioner, that he doesn't have any documents, since all necessary documents have got burnt because of fire due to shot-circuit in his house, when all house-hold articles were also burnt. Therefore, though jail authority has conveyed the Bank Manager to open Bank Account in Jan Dhan Yojna with Zero balance and though forwarded requisite prescribed form of the Bank for opening account, copy of the high Court's order and statement of accused dated 02.05.2018, Bank authority has endorsed on such letter that "KYC documents required".

(2.) Upon perusal of such communications between jail and Bank, the Deputy Superintendent of Ahmedabad Jail has conveyed the Government Pleader by its letter dated 05.05.2018 that since petitioner-convict is unable to submit KYC documents, it is not possible to open the bank account in the name of the petitioner-convict. It is undisputed fact that petitioner-convict is in receipt of cheque No.905668 dated 14.03.2018 of the State Bank of India issued by the Accountant/Additional Treasury Officer/Treasury Officer of District Treasury Office, Ahmedabad in his own name. Therefore, it is also undisputed fact that to encash such cheque, petitioner needs to have an account in any bank. It is pleaded by the petitioner and confirmed by his wife, who is present before the Court, that since petitioner-convict was plying rickshaw, he has no bank account till date. It is also undisputed fact that petitioner has been convicted for life imprisonment and he is in custody since 09.11.2003 i.e. for almost last 15 years. Therefore, there is possibility that he may not have his bank account operational at present and thereby, he certainly needs to have bank account,so as to encash the amount of cheque received by him under such scheme so as to extend some help to the family by purchasing sewing machine.

(3.) It is unfortunate that competent authority of the respondent is unable to help the petitioner-convict; who is in custody for last 15 years; to encash his cheque by opening bank account in any nationalized bank, only on the ground that Bank would not open the account without documents, which is necessary under the KYC scheme of the Bank. In general, under such scheme, Bank needs some documents like identity proof and residential proof etc. It goes without saying that when petitioner-convict is in imprisonment for last 15 years and when he has been convicted for life imprisonment, his residence is certainly in jail and so far as his identity is concerned, the same fact confirms that jail record must have the identity proof in appropriate manner and if it is not there, even the jail authority can issue identity proof on their own by putting the signature with photograph of the petitioner that a person, namely, Amzadkhan Nasirbhai Pathan is in their custody for last 15 years and can also issue a certificate with his photograph that the petitioner is a convict prisoner and therefore, is kept in jail custody for last 15 years and therefore, he has no other residence, and at present his residence or aboard is jail only, till his conviction is over. Such certificate by the jail authority would be sufficient enough for any Bank to open the account in the name of the petitioner - convict.