Allahabad High Court Seeks Law on Releasing Coma Patients' Bank Funds to Dependents
The Allahabad High Court has called for legislation or guidelines to set up a clear mechanism for releasing money lying in the savings bank accounts of patients in a coma to their dependents. The court made the suggestion while hearing a petition filed by the dependents of a deceased coma patient seeking release of the amount in the patient's savings bank account.
The Bench of Justice Garima Prashad and Justice Ajit Kumar observed that when a person slips into a coma, the dependents are left with no remedy, as they have no funds or sources of finance even to manage their household. The court said some legislation from the competent legislature, or guidelines from the Reserve Bank of India (RBI) regulating nationalised banks and their subsidiaries, is needed to provide a mechanism for releasing such money in favour of dependents. It added that the Central Government must come forward with its stand on the issue in clear terms.
The court noted that the account holder, who was in a coma, had passed away. The Chief Secretary had earlier been summoned and directed to file an affidavit under an order dated September 29, 2026, explaining what steps had been taken to comply with the court's orders. An affidavit from the Chief Secretary was filed seeking more time, on the ground that getting proper legislation passed by the competent legislature would require a long-drawn exercise.
The Bench directed the petitioner to implead the Reserve Bank of India through its Executive Director (Banking Regulation) at its Central Office Building in Mumbai, and the Union of India through its Secretary, Ministry of Finance, New Delhi, as respondents. It asked the Central Government and the RBI to file affidavits stating what proposals they have to address situations that call for emergent action.
The court also said the State Government could consider enforcing, at its own level, the guidelines framed by a Division Bench of the Kerala High Court in Shobha Gopalakrishnan v. State of Kerala; 2019 SCC OnLine Ker 739, which were referred to in paragraph 28 of the case of Uma Mittal.
On the facts of the case, the Bench clarified that the petitioner would be free to apply for succession to get the amount in the deceased's savings bank account released in her favour. The matter has been posted for November 6, 2026. Advocate Raj Kumar Dhama appeared for the petitioner, while Central Government Standing Counsel Parshuram Chaubey, along with Advocates Satish Chaturvedi and Vivek Kumar Singh, appeared for the respondent.
Source: Verdictum