ABC LTD has been asked by CID, CRIME BRANCH, HP to provide them information of all persons employed, their address, origin and period of employment without assigning any reason and without mentioning any section under which they are demanding this. They have written that the information is sought by HP GOVT and will be kept confidential and is signed by an SI. Kindly let us know whether they are empowered under some act to seek such information and whether we have to comply with these directions. Already we have to file returns with various departments and is this not an interference in non-core area. Kindly advise what reply we should give since today they are asking for employees details, tomorrow they shall ask for customers details and so on. We ought to stop this matter, or we have to shed this senstive information.
Pls share: What is the opinion of your own Legal Cell/Counsel that has examined the communique?
| Originally posted by : SANJEEV AGGARWAL | ||
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ABC LTD has been asked by CID, CRIME BRANCH, HP to provide them information of all persons employed, their address, origin and period of employment without assigning any reason and without mentioning any section under which they are demanding this. They have written that the information is sought by HP GOVT and will be kept confidential and is signed by an SI. Kindly let us know whether they are empowered under some act to seek such information and whether we have to comply with these directions. Already we have to file returns with various departments and is this not an interference in non-core area. Kindly advise what reply we should give since today they are asking for employees details, tomorrow they shall ask for customers details and so on. We ought to stop this matter, or we have to shed this senstive information. |  |
Whether the information has been demanded by government or will be kept confidential is immaterial. We are free citizens of a free country. Unless we are accused of any crime, Police or Government cannot ask us individually or embark on a wholesale fishing expedition to find so called "criminals" among us. This would amount to violation of many basic foundational Constitutional Fundamental Rights, Common Law principles and safegaurds. Section 42 of Cr.PC gives the power to Police to demand name and address only under strictly narrow circumstances. Powers are to be read in a very restrictive manner, consistent with the words in enactment and the rights to be interpreted in an expansive and widest possible manner. Using these principles, Section 42 of CrPC clearly tells that unless any person has committed an offense or is accused of non cognizable offense, Police officer cannot ask name and address.
Yes you can ask to know under which provision of law you are being asked to provide the information. If you are unconvinced or unsatisfied, you can always approach Hon'ble High Court for relief.
Police can ask only the information that is needed only by due process of law. And not because it feels like asking for information.
There are many points of law involved related to fundamental rights of not only the trading company but also individual fundamental rights of the employees. What is the purpose of collecting information by Government? Is it for administrative, policy making or planning? If yes then required data under Census Act is already available.
If the company has done some offense it does not mean each and every employee is also complicit in that offense. If any personal or private data of any employee is disclosed without authority of law, then those employees may also file case against the company.
Had any cognizable offense taken place then Police would have already arrested the accused and seized the connected property/ information with the alleged offense. Either it is non cognizable offense or no offense at all and are doing fishing expedition to ferret out suspects.
Therefore it is important to know under which provision of law information is being demanded. Accordingly if required, matter can be taken up in Hon'ble High Court for relief.
Issue of ABC LTD whereby the CID CRIME had asked for details of labour employed was also discussed, members suggested that particular dept. needs to specify the reason and under what section the information is sought to provide information. However the members are advised to give a copy of form B filed with the labour department to this department in case they receive any such notice which has been received by two other units. As per information, no further notices are being issued and the information so far provided by industry is getting dust.
Sudhir Kumar
