This story is from July 24, 2010

Court appoints guardian for opening bank account

Punjab and Haryana High Court on Friday allowed principal director of Government Medical College & Hospital (GMCH) Chandigarh, Raj Bahadur, to become legal guardian of the newborn of mentally retarded rape victim of Nari Niketan, for the purpose of opening a bank account.
Court appoints guardian for opening bank account
CHANDIGARH: Punjab and Haryana High Court on Friday allowed principal director of Government Medical College & Hospital (GMCH) Chandigarh, Raj Bahadur, to become legal guardian of the newborn of mentally retarded rape victim of Nari Niketan, for the purpose of opening a bank account.
As per the court direction, Raj Bahadur would be the legal guardian of victim's daughter for the purpose of opening bank account but he would not be allowed to withdraw any amount without the permission of the court.
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However, anyone can make deposits in that account, which would be opened in Sector-32 branch of the State Bank of India (SBI).
The directions were passed by special division bench comprises of justice Surya Kant and justice Augustine Masih on Friday during the resumed hearing of the ongoing case.
Importantly, HC on May 26 had directed the UT administration to open an account in the name of victim's daughter but it could not be opened following some technical objections raised by the bank. Arguing before the bench on Friday, UT senior standing counsel informed that they wanted to open the account in the name of the girl as per the court direction by showing Raj Bahadur as principal guardian of the victim but the same was rejected by SBI on the grounds that only legal guardian can open the same. Hearing this, the bench directed SBI to open the account by appointing Raj Bahadur as legal guardian for the said purpose.
Meanwhile, amicus curie in the case, advocate Tanu Bedi, sought directions from the court for issuing guidelines for examination of the mentally retarded rape victims who cannot communicate during the trial of the court. She said that HC should direct to appoint some persons who can understand such victims and can communicate on their behalf during the trial of the case. Hearing her submissions, the bench asked the amicus to suggest the court about such guidelines on the next date of hearing.

The 19-year-old victim in this case was raped when she was staying in Nari Niketan but later was shifted to Sector-47 based 'Aasherya', a home for the mentally retarded persons. She was found pregnant on May 16 last year by the Aasherya authorities. Chandigarh administration had moved HC for the termination of her pregnancy on medical grounds.
Punjab and Haryana High Court ordered to terminate the pregnancy, which was later stayed by the Supreme Court. Later she delivered a baby girl.
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