Chennai: Apollo Hospitals trying to thwart inquiry, says Justice A Arumughaswamy
Chennai: Contending that the petitions filed by Apollo Hospitals are premature, Justice A. Arumughaswamy Commission of Inquiry, appointed to inquire into the circumstances and situation leading to the hospitalisation of late chief minister J.Jayalalithaa and subsequent treatment provided to her till her demise, informed the Madras high court that the petitions are intended to thwart the continuance of the inquiry and the completion of the process and submitting a report to the government.
Justice Arumughaswamy Commission of Inquiry stated this in its counter affidavit filed through its standing counsel R.Vijayakumar before a division bench comprising Justices R.Subbiah and Krishnan Ramaswamy on Friday.
The bench posted to February 22, further hearing of the petition filed by M/s Apollo Hospitals Enterprises Limited, which sought to quash the proceedings before the commission of inquiry relating to the correctness, adequacy and inadequacy of medical treatment given to former chief minister late J.Jayalalithaa.
In its counter, the commission said it has so far examined 147 witnesses which included 56 doctors and consultants, who had treated the late chief minister in the petitioner hospital and 22 witnesses, which includes paramedical staff, technicians and non-medical staff of the hospital. While so, having participated in the inquiry proceedings, having appeared through the counsel, having filed medical records, having produced their doctors, technicians and consultants as witnesses, and after recording of their evidence, and after cross examining the said witnesses, the petitioner was stopped from disputing the constitution of the commission. It was too late in the day to contend that the constitution of the commission of inquiry was unwarranted that too at the fag end of inquiry, it added.
The commission said even in the affidavit filed by the chairman of the hospital, he has not raised any issue against the constitution of the commission as the purpose for which it was constituted. While so, it was too late to contend that the Commission cannot go into the question of adequacy or inadequacy of treatment. V.K.Sasikala also has not raised any objection with regard to the constitution of the Commission. The commission has been keeping its mind open with regard to the nature of ailments and the treatment provided to the late chief minister as it was evidenced by its order in an application for constitution of Medical Board. Therefore there was no question of pre-determination in the mind of the commission as alleged by the petitioner. The commission has posed pertinent questions to the doctors and consultants who had treated the late chief minister only with a view to find out the truth in its mission to do justice to the reference more particularly with regard to the second limb of the referenc
e, the Commission added.
The commission said the spelling mistakes with regard to one or two medical terms that has crept in the deposition of witnesses were due to the typographical error which had also escaped the attention of the doctors who have appended their signature after reading the same. There were more than one medical opinion available in the instant case. The treatment provided to the late chief minister involves several questions of facts and this can only be inquired by the commission as mandated in the reference and a final fact finding report can be formed only after completion of the inquiry proceedings, the commission added.
Jaya death panel seeks tenure extension
Justice A. Arumughamasamy Commission, has meanwhile sought extension of its tenure to another four months. The commission, expected to submit its report before February 24, has requested to extend its tenure up to June 2019.
As many as 147 persons including senior IAS and IPS officers deposed before the commission. Family members of V.K. Sasikala and workers in Poes Garden residence also deposed. Deputy Chief Minister O. Panneerselvam likely to appear before the commission shortly.
On September 25, 2017, the state appointed Justice A Arumughamasamy as one-man commission of inquiry to look into Jayalalithaa's hospitalisation and her death. Jayalalithaa was admitted to Apollo Hospitals, Chennai, for fever and dehydration on Septeber 22, 2016, and died in the hospital on December 5, 2016. Its tenure was extended thrice earlier. The state government extended its tenure in December 2017, June and October 2018.
According to sources, the commission was constrained to seek extension of its tenure due to litigation and unable to complete its task before February 24. It may be noted that Apollo hospital sought formation of Expert Medical Board consisting of various expert to scrutinize the voluminous medical documents submitted before the commission.
The hospital also approached the Madras HC seeking a direction to quash the Government orders dated September 25, 2017 and September 27, 2017 issued relating to the correctness, adequacy and inadequacy of the treatment given to Jaya.
