(Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, seeking to punish the respondents for violating the order of dated 18.10.2016 passed in W.P.No.8196 of 2012 and W.M.P.No. 17281/2016.)

G. Arul Murugan, J.

1. The contempt petition has been filed alleging disobedience of the order of this Court dated 18.10.2016 passed in W.P.No.8196 of 2012. One batch of sub applications is filed seeking to implead them in the contempt petition and another batch of sub applications is filed seeking direction to deposit the amount by the advocate who handled the applicants’ case.

2. The case stems out from an unfortunate fire accident happened on 16.07.2024 in Sri Krishna School, Kumbakonam, in which, around 94 students were dead and 18 students sustained burn injuries. The victims’ association had approached this Court in W.P.No.8196 of 2012 seeking award of compensation with interest. The Government had come up with G.O.Ms.No.998, Public Department dated 11.11.2014 appointing a retired Judge of this Court as One Man Commission.

3. Pursuant to the enquiry, One Man Commission passed an award on 31.03.2016 by arriving at a sum of Rs.5.00 lakh as compensation to be paid to 94 deceased children, Rs.6.00 lakh to three seriously injured children, Rs.5.00 lakh to three other injured children and Rs.50,000/- to the balance injured children. The award amount was directed to be paid with an interest at the rate of 6% per annum from the date of filing of the application till the date of award.

4. During the proceedings before this Court, the State filed an affidavit agreeing to pay compensation with interest at 8% for the financial years 2004 to 2011, 8.6% for the financial years 2011 to 2012 and 8.7% for the financial year 2012 to 2016. Accordingly, the compensation was calculated and the amounts were credited to the accounts of claimants.

5. The claimants seem to have engaged one S.Tamilarasan as their counsel and paid Rs.3,500/- each, totalling to Rs.3.50 lakh to him towards fees and expenses for filing claim petitions before the Commission. Though the award amounts were credited to the accounts of claimants, it was transpired later that the said counsel had indulged in certain malpractice and transferred a sum of Rs.2.30 lakh from the savings bank account of each of the claimants to his account and to the accounts of his family members, totalling to a sum of Rs.2.00 crore, by misusing the blank cheques obtained by him from the claimants.

6. In fact, the very contempt petition came to be filed only alleging disobedience of the order dated 18.10.2016, wherein, the State had agreed to enhance the interest rate from the date of accident as narrated above. It is not in dispute and as admitted by learned counsel for petitioner, as per the orders passed by this Court, interest has been subsequently calculated and the entire amounts have been disbursed to the claimants and as such, as on that date, the order having been complied with, there was no contempt to be dealt with by this Court and nothing remains to be adjudicated in the contempt petition.

7. Taking note of the fact that during the proceedings before the Court, it transpired that the counsel for claimants had indulged in malpractice and fraudulently transferred Rs.2.00 crore, which was paid to the claimants, to his account and to the accounts of his family members, this Court did not close the contempt petition, but proceeded to deal with the issues raised.

8. In view of the submissions made by the claimants that the amounts misappropriated have to be transferred to their accounts, this Court gave an opportunity to the said counsel to return back the amounts misappropriated by him. However, since nothing materialised, a detailed order dated 27.04.2018 came to be passed, wherein the following directions were issued:

                   “6. Thus, considering all those facts and circumstance of the case and taking note of the materials placed, this Court finds it appropriate to pass the following orders:

                   (i) Having regard to the nature of the issue involved herein and considering the gravity of the offence committed by the said counsel Mr.s.Tamilarasan, the matter is directed to be taken by the CBCID for proper investigation. For such purpose, this Court suo-motu impleads the CBCID as a party respondent in this petition.

                   (ii) The CBCID shall register a case forthwith, conduct enquiry and proceed further in accordance with law against the said counsel and all others, who are illegally transferred the money from the accounts of the victims.

                   (iii) The CBCID shall take immediate action forthwith to attach the bank accounts and properties of the said counsel and his wife and other relatives, in whose accounts, the money has been transferred and the said attachment shall be in force till the entire money is recovered. The learned counsel for the respective claimants shall render necessary assistance to the CBCID in this regard.

                   (iv) The Bar Council of Tamil Nadu shall take appropriate action forthwith against the said counsel Mr.S.Tamilarasan. Till such time, this Court suspends him from practising as an Advocate.”

9. In the aforesaid order, the CBCID was directed to register a case and also to attach the bank accounts and properties of the said counsel and his wife and other relatives to whose accounts money has been transferred and the said attachment has to be in force till the entire money is recovered. The CBCID was also directed to conduct enquiry and proceed with the case. The Bar Council of Tamil Nadu was also directed to initiate appropriate action forthwith against the said counsel and till such time, suspended the said counsel from practice.

10. The aforesaid order dated 27.04.2018 was challenged before the Hon’ble Supreme Court, by the said counsel, in SLP (Civil) Diary No.16889 of 2018. The Hon’ble Supreme Court directed the counsel to deposit a sum of Rs.50.00 lakh before this Court within a period of three weeks and on such deposit, direction No.(iii) in paragraph 6 supra would stand vacated. The Hon’ble Supreme Court further directed that there shall be stay of all further directions in paragraph 6, including registration of case and suspension of practice etc. The Hon’ble Supreme Court also observed that if any victim approach the High Court, the counsel should deposit amount at the rate of Rs.1.00 lakh each.

11. Pursuant to the directions of the Supreme Court, out of 96 claimants, only 79 claimants had filed application before this Court. Thus, the said counsel was liable to deposit Rs.79.00 lakhs to be disbursed to the claimants at the rate of Rs.1.00 lakh each. However, the counsel was making deposits only in part and deposited a sum of Rs.50.00 lakhs and still was liable to deposit Rs.29.00 lakhs.

12. When the case was listed for hearing on 12.04.2019, it was brought to the notice of this Court that the CBCID had registered the case in Crime No.1 of 2018 under Sections 409 and 420, IPC, as against the said counsel, his wife and daughter, who had been arrayed as A1 to A3, as many as 48 witnesses were examined, the statement of bank accounts of the accused were also obtained and the trial was proceeding. At that juncture, the Government Pleader contended that there was no contempt since the direction passed in the writ petition had been complied with. However, considering the submissions made by learned counsel for claimants that the counsel had yet to deposit Rs.29.00 lakh, this Court directed the counsel to make deposit of Rs.29.00 lakh.

13. Today, when the contempt petition is taken up for hearing, it is apprised by learned counsel for applicants/claimants and learned Government Pleader that the said counsel S.Tamilarasan died on 11.02.2025, before he could make deposit of the balance amount Rs.29.00 lakh, as directed by this Court on 12.04.2019.

14. Learned counsel for applicants submitted that even though the counsel died, since the wife and daughter of the counsel were the beneficiaries, to whose accounts, amounts were transferred, they may be impleaded before this Court and directed to deposit the balance amount to be refunded to 29 claimants.

15. From the aforesaid proceedings, it is to be noted that the Hon’ble Supreme Court had passed the conditional order suspending the direction in Clause (iii) on deposit of amount Rs.50.00 lakh by the counsel, to be transferred to the claimants at the rate of Rs.1.00 lakh and directed the counsel to deposit the amount at the rate of Rs.1.00 lakh each if other claimants approaches the Court. Out of the sum of Rs.50.00 lakh that was deposited, 50 claimants, who have already approached this Court, received the amount at the rate of Rs.1.00 lakh each. Still 29 claimants, who approached this Court, were not able to receive the amount, as, the amount was not deposited and as on date, counsel is also no more.

16. In the above circumstances and when the order passed in the writ petition stands complied with by the Government, we are of the considered opinion that nothing could be proceeded with by keeping this contempt petition pending. Hence, the contempt petition is closed. Consequently, the sub applications are also closed.

17. It is made clear that the claimants, whose amounts are yet to be disbursed, may bring it to the notice of the trial Court and apprise the orders passed by this Court and the amounts that are payable by the counsel. It is also open to the claimants to initiate any other independent proceedings for recovery of the amounts misappropriated by the counsel and his family members.