Judge recuses himself from Kumbakonam case

Due to unexpected health problems, judge was not in a position to take up the responsibility
Chennai: The Madras high court appointed on Tuesday Justice K. Venkataraman, a retired judge of the Madras high court, in place of Justice P. Shanmugham, to fix the quantum of compensation payable to each of the families of the deceased and the injured in the fire accident that took place on July 16, 2004 at a school in Kumbakonam, in which 94 children were burnt alive and 18 were injured.
Based on a memo filed by the one-man commission of Justice P. Shanmugham, stating that due to unexpected health problems he was not in a position to take up the responsibility of the one-man commission, Justice D. Hariparanthaman appointed Justice K Venkataraman in his place.
Justice Hariparanthaman had, on October 19, 2012, appointed a one-man commission, headed by Justice Shanmugham, to go into the issue regarding the payment of compensation, fix the extent and percentage of negligence and the corresponding liability on each of the parties.
Since the authorities failed to carry out the directions of the high court, petitioner Inbaraj had, on June 16, filed a contempt petition. Finally, on August 8, the government passed an order appointing Justice Shanmugham as the one-man commission. However citing health problems, Justice Shanmugham has filed the present memo.
Passing orders, Justice Hariparanthaman said, “In view of the memo filed by Justice P. Shanmugham, the order dated October 19, 2012 is modified to the extent that Justice K. Venkataraman, former judge of the Madras high court, is entrusted with the task of the one-man commission.”
( Source : dc )
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