Wednesday, Sep 26, 2018 | Last Update : 11:09 AM IST
The bench in its order said the cash deposit shall be utilized for the purpose of disbursing the amount to the 136 claimants.
New Delhi: In a huge relief to SRM University Chancellor, T.R. Pachamuthu, the Supreme Court on Friday asked the Madras high court to quash the criminal proceedings initiated against him at the instance of 136 claimants who had paid money-seeking admission in the college on condition that they will get back their money.
A Bench of justices A.K. Sikri and Ashok Bhushan passed this order on an appeal filed by Mr Pachamuthu challenging the Madras high court order while releasing him on bail. He was granted bail on deposit of a sum of Rs 75 crores and on execution of a bank guarantee of Rs 10 crores and he complied with the order.
Appearing for the appellant, senior counsel Mukul Rohatgi submitted that his client had paid the aforesaid amount in order to show his bona fide without admitting any fault on his behalf. On behalf of the claimants it was agreed that they would have no objection for quashing of the FIR against Mr Pachamuthu if they received the money as directed by the high court.
Taking note of this submission, the bench in its order said the cash deposit shall be utilized for the purpose of disbursing the amount to the 136 claimants.
The Bench appointed former Chief Justice of Jammu and Kashmir high court, Paul Vasanthakumar as the Commissioner. Also, the bench asked the XI Metropolitan Magistrate, Saidapet, Chennai to remain present along with the Commissioner during disbursement along with necessary staffs for assistance. It is will be open to the Commissioner to fix the date, time and venue for such disbursement and the investigating officer would assist him. Mr Pachamuthu shall initially pay a sum of Rs. 5 lakhs as remuneration to the Justice N.Paul Vasanthakumar.
Senior counsel Paul Kanagaraj appearing for the claimants stated that all these claimants are ready to make a statement that they would have no objection for quashing the FIR insofar as Mr Pachamuthu was concerned on payment of dues. This is acceptable to the petitioner as well, the court noted. The bench said “In these circumstances, we dispose of this petition with the following directions: All the claimants are directed to approach the High Court with the request by filing affidavits stating that they have no objection in quashing the criminal proceedings arising out of the FIR insofar as the petitioner is concerned. On filing the affidavits the high court shall quash the proceedings arising out of the aforesaid FIR insofar as the petitioner is concerned.” It said “ Till the time these affidavits are filed and the order of the quashing is passed by the High Court the amount shall not be disbursed and the amount shall be disbursed only after filing of the affidavits. The petitioner shall also be involved in the aforesaid process so that he is able to verify that only genuine persons have filed the affidavits and received the payments. The Special Leave Petition is disposed of accordingly.”