Sunday, February 10, 2019

Apollo moves HC against Jaya death probe panel

TIMES NEWS NETWORK

Chennai:10.02.2019

Apollo Hospitals has moved the Madras high court pleading for an interim stay on Justice (retd) A Arumughaswamy commission’s proceedings relating to the medical treatment given to late Tamil Nadu chief minister J Jayalalithaa. It has asked for a direction to stop the commission from inquiring into the adequacy or inadequacy and correctness of the medical treatment given to her during her hospitalization in September-December 2016.

The hospital has also asked for a direction to quash proceedings relating to inquiry into correctness and efficacy of the medical treatment given to Jayalalithaa.

The hospital has also filed a second writ petition seeking to appoint an independent medical board of specialist doctors who are not associated with any of the parties involved (state government or Apollo) and give a time-bound report directly to the high court. This is, in case, the high court finds that the terms and reference of the Arumughaswamy commission include an inquiry into the efficacy of the treatment given to Jayalalithaa.

The writ petition is likely to be heard on Monday before a division bench of Justice R Subbiah and Justice Krishnan R.

The hospital has stated that the commission has gone beyond the scope of its terms of reference and behaved in a partial manner to fasten liability on Apollo, alleging medical negligence in Jayalalithaa’s treatment.

In their affidavit, Apollo has stated that the nature of questions framed by the commission for witnesses and recording of their depositions disclosed a predetermined mindset against it.

Apollo also stated that the commission had launched a “roving and fishing inquiry” into the correctness, adequacy and appropriateness of the treatment for which the commission neither had sanction nor expertise.

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