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READER’S queries

Your Advocate
This week your advocate is M. Moazzam Husain of the Supreme Court of Bangladesh. His professional interests include civil law, criminal law and constitutional law. Send your queries to the Law Desk, The Daily Star. A panel of lawyers will address your problems.
Q: During her lifetime my mother opened a joint account with me; I was then a 19 years old college student. No body knew this except the then manager of that bank. After my mother's death as per rules I became the sole owner of the account. As my mother died the bank manager, who took over the charge of manager of that bank later, disclosed the matter of our secret join account to my brothers and father. Since my brothers and father are politically influential persons and valued client of that bank. Knowing the information my brothers and father objected and applied for share of the money laying in the account. When I presented a cheque to draw money from that account, that bank refused to pay me any money on the plea that since I have other siblings and they have claimed for their share; so I solely can't be owner of that account. It is mentionable that while my mother opened the account it was fully joint account, anyone of us could draw money from the account and my mother did not nominate any body, since she me to be the sole heir of that account after her death. After 7 years legal fight, though the verdict came in my favour, I had to face a lot of hassle. Moreover, the relationship between my siblings turned into animosity. My questions are: (a) as we all know the bank should keep the secrecy about bank account and the money and should not disclosed it to anybody, in this case haven't the bank employee/manager acted beyond norms and ethics? (b) What legal action may be taken against that bank manager? Though he was informed to the GM, branch control of that bank, but the manager remained in the same position and no action was taken against him. (c) Even the employees of that bank, those are local people, threatened me that they will not allow me to draw the money. What can I do? Please advice.
Md. Abdul Jalil,
10/9, I-D, Mirpur.
Your Advocate: Yes, disclosure of secrecy about the account by a banker, as is indicated by you, is absolutely unethical. It is not only unethical but also illegal calling for action against the banker. A banker is duty bound to maintain secrecy of the account of his customer and the obligation is so embedded in the practices and usages customary amongst bankers that such obligation continues even after the account is closed. The customer may sue the banker for damages suffered by him as a result of such disclosure.
Disclosure of secrecy about any account is not actionable in all cases. Bankers may divulge any information relating to the account when I) law requires such disclosures to be made and when 2) practices and usages amongst the bankers permit such disclosure. For example, police officer investigating a case is authorized to inspect the banker's books; the income tax authority is competent to call for necessary information from the banker for the purpose of assessment of the bank's customers. Banker is bound to transmit necessary information about any account as and when required by court in connection with a proceeding. Examples of disclosures as of practices and usages are: the bankers can disclose any information relating to the customers account upon the latter's consent. Disclosures may be made when necessity to protect the interest of the bank arises; where it is found that the customer is involved in activities prejudicial to the interest of the state; where banker's books reveal that the customer is contravening the provision of any law etc. The answer to the second limb of your query is you can make a GD Entry with the respective police station stating about the threat administered to you by the bank employees. Police is competent to inquire and resolve any possibility of breach of peace in or around the bank premises.