LAHORE: Bank customer data entrusted to financial institutions constitutes property under Pakistani law, the Lahore High Court ruled in a SIM-swap fraud bail case.
Justice Tariq Saleem Sheikh said dishonest disclosure or unauthorised use of the data may amount to criminal breach of trust. He issued the ruling in a 19-page judgment on Friday, August 7.
The court said Section 27(2) of the Prevention of Electronic Crimes Act treats data as property for offences under the Pakistan Penal Code. Bank records covered by the provision include account details and registered mobile numbers, according to the judgment.
However, the court said Section 409 of the Pakistan Penal Code does not automatically apply to every bank employee. Prosecutors must establish that the employee controlled customer funds or data as part of their banking duties.
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The court rejected bank employee Muhammad Atif’s post-arrest bail application. It cited investigation records, internal fraud reports and account-access logs that prima facie connected him to the alleged disclosure of customers’ mobile numbers.
Meanwhile, Justice Sheikh granted SIM franchise operator Muhammad Usman bail against PKR 1 million in surety bonds. The court found insufficient evidence directly connecting him to the disputed SIM activations or biometric system manipulation.
The National Cyber Crime Investigation Agency registered the case over duplicate SIMs and unauthorised transfers. Investigators alleged that the scheme withdrew PKR 10.45 million from six customers’ accounts
