Can probe treatment given to Jayalalithaa by Apollo, panel tells HC

CHENNAI: Opposing a plea moved by Apollo Hospitals challenging the powers of the Justice A Arumughaswamy commission to probe into the medical treatment given to former chief minister J Jayalalithaa by the hospital, the commission on Friday informed the Madras high court that the terms of reference covered medical treatment.

“The commission has been constituted for the specific purpose of inquiring into the circumstances and situation leading to the hospitalisation of Jayalalithaa on September 22, 2016 and subsequent treatment provided till her demise on December 5, 2016. It is the duty of the commission to inquire all the aspects of treatment in terms of the reference,” commission’s secretary S Komala said through a counter affidavit.

The plea is premature and the petitioner cannot have any valid objection over the role of the commission in inquiring into the process of the treatment given to the former chief minister in the petitioner hospital, which comes well within the terms of reference, she added.

Noting that law is well settled that doctrine of bias would come into play only in adjudications before judicial or quasi-judicial tribunal, Komala said the commission of inquiry was a fact-finding body and not an adjudicating authority.

On the allegation of the hospital that its doctors and paramedical staff were subject to many questions by the commission, the secretary said, while inquiring into the nature of treatment provided to Jayalalithaa the commission, to do justice to the order of reference and to arrive at the correct fact finding, had to pose several questions to the doctor witnesses of the hospital as to the standard of medical care.

The commission has so far examined 147 witnesses including 56 doctors and consultants who had treated Jayalalithaa at the hospital and 22 witnesses which includes paramedical staff.

When the plea came up for hearing before a division bench headed by Justice R Subbiah, as senior counsel for the petitioner P S Raman sought time to file reply the court adjourned the plea to February 22.