J Jayalalithaa case: HC reserves orders on petition from Apollo Hospitals

Chennai: The Madras high court has reserved orders on a petition from Apollo Hospitals, which sought to quash the proceedings before the Justice A.Arumugham Commission of Inquiry relating to the correctness, adequacy and inadequacy of medical treatment given to former chief minister late J.Jayalalithaa.

A division bench comprising Justices R.Subbiah and Krishnan Ramaswamy reserved orders after hearing elaborate arguments from both sides.

Earlier, senior counsel P.S.Raman, appearing for Apollo Hospitals, submitted that advocate general submitted that the nature of treatment can also be gone into. If that be so, it can be done only by medical experts from outside the state like Jipmer and TATA since very highly qualified doctors of Apollo hospitals and AIMS gave treatment to the late chief minister.

The Commission of Inquiry cannot give any opinion on the medical treatment given to late chief minister since it was only a fact finding body. If the Commission was unbiased, then it should have pulled up its standing counsel for filing a counter on his own opposing the hospital’s plea to constitute a medical board.

The appointment of four government doctors to verify the medical records was done in a secret manner. They were sitting in the next room and overseeing everything. Now, they say they will give report and based on the report, commission will give its finding. Why everything was done secretly? Raman asked. Senior counsel A.R.L.Sunderesan, appearing for the Commission submitted that 90 per cent of the examination of witnesses was over.

Now, Sasikala wants to cross examine 7 doctors attached to Apollo Hospitals. If the Apollo hospitals want to cross examine, an opportunity will be given. 55 doctors have spoken about the treatment given to late chief minister. Therefore, it was necessary for the commission to form an opinion about the adequacy. The judge was competent to go into the sufficiency or otherwise on the basis of evidences. Nothing has been done in secrecy.

The four government doctors were asked to verify the medical reports. They have done it and relieved. Their reports were awaited. On receipt of their reports, the commission would submit its report to the government. Thereafter, the government will take a decision, he added.