Allahabad High Court Calls For Legislation On Mechanism For Releasing Money In Bank Account Of Coma Patient In Dependents' Favour
The Allahabad High Court was considering a petition filed by the dependents of a deceased coma patient seeking release of the amount lying in the savings bank account of the patient.
The Allahabad High Court has suggested the framing of some legislation or guidelines regulating the nationalised bank and subsidiary banks for providing a necessary mechanism as to how the money lying in the savings bank account of patients in a coma can be released in favour of the dependents.
The High Court was considering the petition filed by the dependants of a deceased coma patient seeking release of the amount lying in the savings bank account of the patient.
The Bench comprising Justice Garima Prashad and Justice Ajit Kumar held, “In the circumstances, therefore, some sort of legislation from the competent legislature or even the guidelines necessary from the Reserve Bank of India regulating the nationalized bank and subsidiary banks to the nationalized 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.”
Advocate Raj Kumar Dhama represented the Petitioner while Central Govt Counsel Parshuram Chaubey represented the Respondent.
Factual Background
It was brought to the Court’s notice that the account holder, who was in the state of Coma, had passed away. The Chief Secretary was earlier summoned and directed to file an affidavit under the order dated September 29, 2026 as to what steps had been taken in compliance of the orders of the Court. An affidavit of Chief Secretary was filed seeking further time considering it would require a long drawn exercise in getting proper legislation passed by the competent Legislature.
Reasoning
The Bench, at the outset, observed that when a person passes into a state of Coma, the dependents become absolutely remediless as they do not have necessary funds and sources of finance, and to even manage the household.
The Bench thus suggested framing of legislation from the competent legislature or the guidelines necessary 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.
“We also need Reserve Bank of India to give its response on the above issue and accordingly we direct the petitioner to implead the Reserve Bank of India through its Executive Director (Banking Regulation), Central Office Building, Shaheed Bhagat Singh Road, Fort, Mumbai PIN - 400001 and Union of India through its Secretary, Ministry of Finance, New Delhi as respondents”, it ordered.
The Bench further asked the Central Government and Reserve Bank of India to file their respective affidavits as to what proposals they have in order to address such situations and circumstances which call for an emergent action. “The State Government at its own level can consider enforcement of guidelines framed by the Division Bench of Kerala High Court in Shobha Gopalakrishnan v. State of Kerala; 2019 SCC OnLine Ker 739 which were referred to vide paragraph 28 in the case of Uma Mittal (supra)”, it directed.
Dealing with the facts of the case, the Bench clarified that the petitioner would be at liberty to apply for succession to get the amount lying in the savings bank account of the deceased released in her favour. The matter has now been posted on November 6, 2026.
Cause Title: Parveen Jahan v. State of U.P. (Case No.:WRIT - C No. - 27492 of 2026)
Appearance
Petitioner: Advocate Raj Kumar Dhama
Respondent: Central Govt Standing Counsel Parshuram Chaubey, Advocates Satish Chaturvedi, Vivek Kumar Singh