Jaya death probe: Panel accused of bias against Apollo Hospitals

Arguing before a division bench comprising Justice R Subbiah and Justice Krishnan Ramaswamy, senior counsel P S Raman appearing for Apollo Hospitals submitted that the counter affidavit filed by the CoI, pinning every doctor including those figuring in the who is who list of medical fraternity in South India, is indication enough that the CoI was prejudiced against the hospital. The senior counsel on citing a range of instances where in the Commission instead of examining the doctors summoned had made them as witnesses of the Commission, said the CoI has not only ill-treated the doctors but has also castigated the hospital by offering its own conclusion on their evidence. This, he said looks like that the commission has been given a brief to ‘hang’ Apollo Hospital.

Also, noting that the CoI had come up with questions like whether the opinion not to perform Angiogram on the former Chief Minister was done for the sake of money, Raman submitted that over 33 doctors were summoned and ill-treated clearly revealing that the Commission is preconceived and biased.

Further, claiming that the Principles of natural justice can’t come in the way of prematurely appearing the court, the senior counsel argued that on the face of it, the whole process of inquiry is against me and even apprehension of bias is enough to approach the court to stall Justice (Retd) Arumughaswamy from proceeding with the inquiry.

Arguments were also submitted about how the Commission had asked the hospital management to send the doctors for inquiry as they had received several Crores for her treatment, revealing another bout of prejudice against the hospital. Even the Commission’s secretary had leaked out a lot of details to the media, which included the food bill of Rs.1.7 Crores with the heading ‘Jaya’s food bill’ creating an impression that it is the fool bill of the late Chief minister. But, it included the food bill of several secretaries of government departments and sidekicks (servants of Jayalalithaa and other family members) and 200 police men on duty at the hospital for almost 75 days. Even a confidential letter to Chairman, Apollo Hospitals was offered to the media by the commission, the counsel said.

He also noted that paragraph after paragraph the commission says that Apollo has not done anything and that it has also stated that a cardio thoracic and neuro surgeon were not appointed besides offering a finding that if an angiogram was performed the life of former Chief Minister could have prolonged. Arguments by senior counsel A R L Sundaresan appearing for the CoI is set to transpire on Wednesday.