Panel incompetent to probe efficacy of Jaya’s treatment: Apollo

Senior counsel and Supreme Court Advocate C. Aryama Sundaram appearing for Apollo Hospitals contended that the Commission of Inquiry (CoI) was set up in 2017 to inquire into the circumstances leading to Jayalalithaa’s hospitalization on September 22, 2016 and the subsequent treatment provided for the next 75 days until her demise on December 05, 2016.

But, the CoI contrary to the terms of reference to chronologically connect the treatment given and whether it is related to Jayalalithaa, has overstepped its limit of being a mere fact-finding body and has resorted to a roving and fishing inquiry into the correctness, appropriateness and efficacy of the treatment given to her. The senior counsel placed his submissions, which lasted for more than four hours, before a division bench comprising Justice R Subbiah and Justice Krishnan Ramaswamy.

His arguments revolved around the aspect that the CoI could have ascertained as to whether there is anything suspicious in her death from the subsequent treatment given, which will determine as to why she was brought to the hospital.

Pointing out that if poison was involved in her hospitalization, then it would be evident from the treatment given as efforts would have been taken to remove the poison. But if the CoI resorts to saying that an alternate method could have helped remove the poison then it very clearly turns out to be a case of roving enquiry.

Also, noting that Apollo hospital has submitted to the commission as many as 31 volumes comprising 6000 pages about the treatment that has been offered, the senior counsel argued that if the scope of the CoI was to probe into the efficacy of the treatment then the government would not have formed a single member commission from the judiciary, but formed a panel compulsorily including doctors.

But now, based on certain observation in a text book, the CoI had started behaving like an adversarial body has resorted to literally pinning the liability on Apollo Hospitals alleging medical negligence in Jayalalithaa’s treatment like a judicial tribunal. Also, citing many factual and spelling errors of medical terms pertaining to the treatment given to Jayalalithaa in the counter filed by CoI, the senior counsel sought the Court to stop the Commission of Inquiry from probing the adequacy or correctness of the medical treatment given to the former chief Minister as the CoI was ‘judicially incompetent’.

Another plea moved on the basis that in the event of the court finding that the CoI has not crossed its brief, sought the creation of an independent medical board of specialist doctors which are not associated with any of the parties involved. Hearing in the case is set to continue Tuesday with senior counsel P S Raman appearing for Apollo Hospital and Senior counsel A R L Sundaresan appearing for CoI scheduled to put forth their arguments.