Allahabad HC Seeks RBI Guidelines to Release Bank Deposits of Comatose Patients to Dependents [Read Order]

Prayagraj: The Allahabad High Court has directed the impleadment of the Reserve Bank of India and the Union of India through the Ministry of Finance in a writ petition seeking a mechanism to release money lying in the savings bank account of a patient in coma to his or her dependents. 

The Court has asked both to file affidavits on what proposals or guidelines they have, and has warned that the Chief Secretary of Uttar Pradesh will have to appear in person if he does not come up with a concrete solution on the next date.

A Division Bench of Justice Ajit Kumar and Justice Garima Prashad was hearing Writ-C No. 27492 of 2026 filed by Smt. Parveen Jahan against the State of U.P. and another. The petitioner’s counsel informed the Court that the account holder, who was in a state of coma, had passed away that day. He submitted that the Central Government is bound in law to comply with the observations of the Court in Uma Mittal & Others v. Union of India & Others, 2020 SCC OnLine All 777, but no such steps had yet been taken.

The Bench recalled that by its earlier order dated 11.08.2026 it had reproduced the entire directions in Uma Mittal and that the Chief Secretary was summoned and directed to file an affidavit on the steps taken in compliance, by an order dated 29.09.2026. The Chief Secretary’s affidavit sought further time, since proper legislation by the competent Legislature would require a long exercise. The Court had also issued directions to the Union of India on paragraph 27 of Uma Mittal, but the learned Senior Panel Counsel for the Union, Mr. Vivek Singh, submitted that he had no instructions in the matter.

Expressing concern, the Court observed that when a person lapses into a coma, the dependents are left remediless, without funds to meet hospital expenses or even to run the household. It said some form of legislation by the competent legislature, or guidelines from the Reserve Bank of India regulating nationalised banks and their subsidiaries, are necessary to provide a mechanism by which money lying in the savings bank account of such patients can be released to dependents. The Central Government, the Court said, must state its position on the issue in black and white, and the Court also needs the response of the Reserve Bank of India.

The Court accordingly directed the petitioner to implead the Reserve Bank of India through its Executive Director (Banking Regulation), Central Office Building, Mumbai, and the Union of India through the Secretary, Ministry of Finance, as respondents. Both have been asked to file affidavits, sworn by their officials, on what proposals they have or what guidelines, if any, have been framed for such special situations that call for emergent action. The Court warned that if they fail to do so, it will be compelled to summon the responsible officers of both. The affidavits must be filed after due consideration of the observations and guidelines laid down in Uma Mittal.

The Court further observed that the State Government can, at its own level, consider enforcing the guidelines framed by the Kerala High Court in Shobha Gopalakrishnan v. State of Kerala, 2019 SCC OnLine Ker 739, which were referred to in paragraph 28 of Uma Mittal. It said:

“The Chief Secretary this time would be coming up with something concrete and substantial done at his level to find solution to the problem in the light of observations made in the case of Uma Mittal (supra). 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 Bench clarified that, in the meanwhile, it remains open to the petitioner to apply for succession to obtain release of the amount lying in the savings bank account of the deceased in her favour. Mr. Vivek Kumar Singh accepted notice on behalf of the Union of India. Notice was directed to issue to the Reserve Bank of India within four weeks, with steps for service to be taken within three days. The matter has been posted again on 06.11.2026. The order was passed on 08.10.2026.

Appearances:

For the Petitioner: Mr. Raj Kumar Dhama, Advocate.

For the Respondents: Mr. Parshuram Chaubey, C.S.C., Mr. Satish Chaturvedi and Mr. Vivek Kumar Singh, Advocates.

Case Title: Smt. Parveen Jahan vs. State of U.P. & Anr., Writ-C No. 27492 of 2026

[Read Order]