SC upholds judicial probe into Jaya’s treatment at pvt hospital

SC upholds judicial probe into Jaya’s treatment at pvt hospital

TIMES NEWS NETWORK

New Delhi:21.12.2021

The Supreme Court has upheld the inquiry into the “correctness, adequacy and inadequacy” of medical treatment extended to former chief minister J Jayalalithaa and turned down Apollo Hospitals’ plea challenging the setting up of the Justice A Arumughaswamy commission of inquiry.

A bench of Justice S Abdul Nazeer and Justice Krishna Murari, however, allowed the hospital to crossexamine any witness and lead its own evidence before the commission. It upheld the Madras high court order which had refused to interfere in the proceedings before the commission.

The bench said it would be just and proper to constitute a medical board to assist the commission in disposal of the case.

“For this purpose, we request the director, All India Institute of Medical Sciences (AIIMS), New Delhi, to nominate a panel of doctors, specialists in the fields of treatment of the ailments as suffered by the late chief minister of Tamil Nadu. Needless to say that the commission has to furnish the said medical board, so constituted, with complete records of the proceedings. The medical board, so appointed, is permitted to participate in all further proceedings of the commission and furnish a copy of the report to the commission,” it said.

Don’t find any infirmity in HC order in Jaya case: SC

The bench passed the order on an appeal filed by Apollo Hospitals, which approached the court through advocate Rohini Musa.

It had accused the panel of bias and of conducting proceedings in violation of natural justice.

The commission, however, denied the allegations and told the apex court that it was holding the inquiry as per the law.

“Having heard the learned senior counsel for the parties, we do not find any infirmity in the order of the high court,” the apex court said in its order, which was passed on November 30, but uploaded now on the SC website.

“However, having regard to the facts and circumstances of the case, we are of the view that it is just and proper for the commission to furnish the documents, the depositions and the records as available in the records of the commission on an application to be made by the hospital... The hospital is also permitted to make an appropriate application seeking permission to crossexamine/recall of any witness or individual including those witnesses whose evidence has since been closed and also lead its own evidence. If such an application is filed, we request the commission to consider the same and pass appropriate orders thereon,” it said.