Jaya death probe: Restrain order will defeat panel’s purpose

Disposing of pleas moved by Apollo Hospital seeking to restrain the commission from inquiring into these aspects, a division bench comprising Justice R Subbiah and Justice Krishnan Ramasamy held that it could be “reasonably inferred” that the terms of reference made by the government include the appropriateness, efficacy, adequacy or inadequacy of the treatment provided by the hospital.

“If that is not gone into, it will certainly belittle and confine the functions of the Commission into one as that of a ministerial function to merely compare the authenticity or correctness of the medical records produced by Apollo Hospital,” the bench added. It also noted that restraining the Commission, which has completed 90 per cent of the work, would defeat the very object with which the government had appointed Justice Arumughaswamy as a one-man Commission of Inquiry.

However, observing that the Commission of Inquiry was a fact-finding body, it added that the panel need not attribute collusion, conspiracy or fraud etc. during the course of the inquiry. “The Commission can only offer its opinion to the government with respect to the nature of treatment given by Apollo Hospital on the basis of oral and documentary evidence - whether such treatment was adequate or not.”

Also, expressing hope and trust that the Commission would confine its inquiry strictly within the scope and ambit of the terms of reference, the bench said, “We are also fully aware of the fact that even if a final report is submitted by the Commission to the government, either way, yet, it is for the government to act upon the same. If the report that is to be submitted by the commission is acted upon, Apollo hospital will be provided all due opportunity in adherence to principles of natural justice.”

Apollo Hospitals had contended that the Commission was not competent to adjudicate the quality or nature of treatment given to the late Chief Minister during her 75-day hospitalisation as the commission did not have the expertise in medicine to go into the veracity or adequacy of the treatment.

However, by enlarging the scope of the inquiry, the Commission has gone beyond the terms of reference and was also venturing to go into the efficacy, appropriateness, adequacy or inadequacy of the treatment without any specialised knowledge or acquaintance with the medical procedures.

If at all it intends to go into the adequacy of treatment, it can appoint an independent medical board consisting of experts, Apollo Hospital had submitted.