Chennai: The Apollo Hospitals has informed the Madras high court that Justice A.Arumughaswamy Commission of Inquiry, appointed to inquire into the circumstances and situation leading to the hospitalization of late Chief Minister J.Jayalalithaa and subsequent treatment provided to her, has exceeded the terms of reference and attempting to give a finding on the correctness, adequacy and inadequacy of the treatment given to her by the Apollo Hospitals.
Senior counsel Aryama Sundaram, appearing for Apollo Hospitals, made this submission when the petition filed by Apollo Hospitals came up for hearing before a division bench comprising Justices R.Subbiah and Krishnan Ramaswamy.
In its petition, M/s Apollo Hospitals Enterprises Limited, 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.
Senior counsel Aryama Sundaram submitted that the terms of reference was to inquire into the circumstances and situation leading to the hospitalization of late chief minister and the subsequent treatment provided to her by the hospital. But, the Commission of Inquiry has gone beyond its jurisdiction and conducting a roving inquiry, which was not permissible in law. The commission can only verify the medical records and give a finding. However, the Commission has issued summons to the doctors and examined nearly 55 doctors of Apollo hospitals. It was attempting to go into the correctness, adequacy and inadequacy of the treatment given to the late chief minister.
The commission was not an medical expert to go into such aspect. First of all, it lacks jurisdiction in so far as the terms of reference was concerned. Secondly, if this court comes to the conclusion that it has jurisdiction and the commission can go into this aspect, then the commission should consists of medical experts to examine the records and evidences. The Commission was only a fact finding body, it can only verify the records and make its recommendations. It cannot analyze the evidence and give its finding, he added.
Senior counsel Aryama Sundaram said he was unable to accept whether a judge could go through 6,000 pages of record and come to a conclusion as to the correctness, adequacy and inadequacy of the treatment given to late chief minister by Apollo Hospital. Already damage has been done to the hospital. If any further findings were given, it would spoil the reputation and good image of the hospital, he added.
At the conclusion of his arguments, the bench posted to March 5, to enable senior counsel P.S.Raman, also appearing for the hospital and senior counsel A.R.L.Sunderesan, appearing for the Commission of Inquiry to make their
submissions.
