The Allahabad High Court has asked the Reserve Bank of India (RBI) to consider framing guidelines to deal with bank accounts held by persons in a coma [Parveen Jahan v State of UP and Another]
A bench of Justice Ajit Kumar and Justice Garima Prasad expressed concern that the dependents of such patients are left without any legal remedy, as they cannot access the funds held in their bank accounts,
The Court directed the Central government and the RBI to disclose what they propose to do in this regard or place on record any existing guidelines to attend to such cases of special nature.
“Some sort of legislation from the competent legislature or even the guidelines necessary from the Reserve Bank of India regulating the nationalised bank and subsidiary banks to the nationalised banks for providing necessary mechanism as to how the money lying in the savings bank account of such patients can be released in favour of the dependents. The Central Government, therefore, has to come up with its stand on the issue in black and white. We also need Reserve Bank of India to give its response on the above issue,” the Court said.
The Court was dealing with a petition filed by a woman seeking to withdraw money lying in the bank account of her husband, who was in a coma. The man died during the pendency of the plea.
Considering the larger question raised in the case, the Court asked the Central government and RBI to address the issue at the earliest.
“The Reserve Bank of India and the Central Government will have to file their respective affidavits, failing which the Court will be compelled to summon the responsible officers of both the Central Government as well as Reserve Bank of India,” the Court said on October 8.
The matter will be heard next on November 6.
In the meantime, the Court said that the State can consider enforcement of the guidelines framed by the Kerala High Court in Shobha Gopalakrishnan v. State of Kerala.
It said the Chief Secretary must come up with something concrete and substantial at his level.
“We make it clear that if the Chief Secretary does not come up with such solution in black and white, he will have to appear in person before this Court on the next date fixed,” the Court said.
Advocate Raj Kumar Dhama represented the petitioner.
[Read Order]