Allahabad High Court Directs Centre and RBI to Develop Guidelines for Managing Bank Accounts of Comatose Patients
Court said the Chief Secretary of State should devise some concrete solution and substantial at his level.
Allahabad High Court has directed Reserve Bank of India (RBI) to consider making some guidelines with respect to Bank Accounts of persons who are in Coma state.
The bench comprising Justice Ajit Kumar and Justice Garima Prasad stated that no legal aid can be availed by dependents of such persons as they are unable to reach to their bank balances,
It directed the Central Government and Reserve Bank of India to submit what steps they intend to take in this respect or bring on record the guidelines if already framed to tackle such situations which require special attention.
" There should be some kind of Legislation from the appropriate Legislature or at least provide us some guidelines from the Reserve Bank of India who shall control the working of the nationalised bank and sub banks attached to the Nationalised Bank so that the procedure to release the funds present in the savings bank of such patient in favour of the dependent could be provided."
"Therefore we want the central government to state it's position clearly on this issue. Reserve Bank of India is also required to reply on the above said issue," stated the Court.
The petition was moved by a lady who wanted to withdraw the amount deposited in bank of her husband who was lying in Coma. He passed away during the pendency of the matter.
The court was pleased to take note of the bigger picture of the problem and directed the central government and RBI to give their answer in the earliest.
"The RBI and central government should place on record their affidavits on the issue. Absent which the Court will call for the concerned officials of central government and Reserve Bank of India," directed the Court on October 8th.
Next hearing of the case is scheduled to take place on November 6th.
In the mean time the court opined that State may follow the guideline given by the Kerala High Court in the matter of Shobha Gopalakrishnan v. State Of Kerala.
It stated that Chief Secretary should bring some concrete and substantial at his level.
"If the Chief Secretary fails to do so he is at liberty to appear in person before this court on the next date," remarked the Court.
Petitioner was present through Advocate Raj Kumar Dhama.
