Madras HC issues notice to Jayalalithaa death probe panel on hospital’s plea

  • | Tuesday | 12th February, 2019

The government should clarify if it had sanctioned the commission to go into the adequacy of medical treatment. However, the notifications do not sanction the commission to go into the accuracy and adequacy of the medical treatment. Doctors at Apollo Hospitals were to testify on Tuesday and Wednesday. CHENNAI: The Madras high court on Monday issued notice to the Justice (retd) A Arumughaswamy commission on a plea by Apollo Hospitals seeking an interim stay on proceedings relating to the medical treatment provided to former chief minister J Jayalalithaa Later, the commission sent an email stating that it was adjourning its proceedings and that it would intimate a fresh date for examining witnesses. The hospital had told the court that it would file a memo seeking an adjournment of the proceedings.“The government orders dated September 25, 2017, and September 27, 2017, issued by the state constituting the commission, was only to inquire 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.

CHENNAI: The Madras high court on Monday issued notice to the Justice (retd) A Arumughaswamy commission on a plea by Apollo Hospitals seeking an interim stay on proceedings relating to the medical treatment provided to former chief minister J Jayalalithaa Later, the commission sent an email stating that it was adjourning its proceedings and that it would intimate a fresh date for examining witnesses. Doctors at Apollo Hospitals were to testify on Tuesday and Wednesday. The hospital had told the court that it would file a memo seeking an adjournment of the proceedings.“The government orders dated September 25, 2017, and September 27, 2017, issued by the state constituting the commission, was only to inquire 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. However, the notifications do not sanction the commission to go into the accuracy and adequacy of the medical treatment. The government should clarify if it had sanctioned the commission to go into the adequacy of medical treatment. Further, the commission is supposed to be inquisitorial, but it is run like a trial,” senior counsel P S Raman said.It is being conducted like a medical negligence case and has become accusatory instead of an inquiry, which is seen from the depositions recorded, Raman added.Raman made the submissions on the pleas moved by Apollo challenging the two GOs, particularly relating to the correctness, adequacy and inadequacy of medical treatment, and to quash the same. Representing the state, advocate-general Vijay Narayan submitted that the commission was indeed authorised to inquire the medical aspects too.Recording the submissions, a division bench of Justice R Subbiah and Justice Krishnan Ramasamy said the court could not pass any interim relief without going into the panel’s response and directed the commission and the state government to file their counter-affidavits by February 15.In its affidavit, Apollo stated that Jayalalithaa could not survive despite providing the best possible medical treatment.“At no point of time, either during her hospitalisation or immediately after the death, any concerns were raised regarding the efficacy or appropriateness of the treatment provided to her,” the hospital said.

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