Panel can't decide correctness of treatment given to Jayalalithaa: Apollo

CHENNAI: Noting that the Justice A Arumugasamy Commission is not a judicial forum to decide the correctness of medical treatment given to former chief minister J Jayalalithaa at Apollo Hospitals here, the hospital on Monday said proceedings of the commission, particularly into the treatment provided, are conducted completely in violation of the terms of reference.

Senior counsel Aryama Sundaram made the submission on behalf of Apollo before a division bench of Justice R Subbiah and Justice Krishnan Ramasamy.

As to the claim of the commission that it was duly assisted by a panel of doctors provided by the state government, Sundaram said, "The panel was appointed to go into the chronology and to verify the records submitted by the hospital and its doctors, and to explain the same to commission. At no point of time the panel was empowered to inquire the correctness of the treatment provided."

The one-man commission is only a fact-finding panel which can recommend for an inquiry in case of any discrepancies as noted by the medical panel. However, it cannot decide the correctness of the treatment given by the hospital, Sundaram said.

Pointing out that the terms of reference of was only to go into the circumstances that lead to the hospitalisation of the former chief minister, Sundaram said the commission which has been constituted under the Commission of Inquires Act is bound by the act.

Apprehending that the commission might pass adverse findings against the hospital which would cause irreparable damage to its reputation, Sundaram wanted the court to restrain the commission from doing so.

Recording the submissions, the bench posted the plea to Tuesday for further hearing.