DMK govt moves SC, seeks completion of Jayalalithaa's treatment inquiry

NEW DELHI: The DMK government of Tamil Nadu on Monday requested the Supreme Court to order resumption of inquiry by Justice (retired) A Arumughaswamy Commission into the correctness, adequacy and inadequacies of treatment of former chief minister J Jayalalithaa, who breathed her last in December 2016 after 75 days of treatment at the Apollo Hospital.
The work of Arumughaswamy Commission of Inquiry, which was set up on September 25, 2017 by the AIADMK government, was stayed by the SC on April 26, 2019 on a petition by Apollo Hospital which alleged that the commission was biased against the hospital, as was evident from the manner in which it was conducting its proceedings and giving statements.
A bench of Justices S Abdul Nazir and Krishna Murari agreed with senior advocate Dushyant Dave to hear the Tamil Nadu government's fresh plea for early completion of the work by the commission of inquiry headed by Justice Arumughaswamy. The DMK government's plea for getting the CoI report about the standard of treatment, its adequacy and shortcomings is bound to create a fresh storm in the state, particularly in AIADMK which is facing a tough time after its loss in the assembly polls.
Now in opposition, the AIADMK cadre and workers may face an upheaval over the COI report and could be used by Jayalalithaa's confidant and aide V K Sasikala, who has recently announced her re-entry into politics. How it would benefit the DMK government is for time to tell. Sasikala's counsel Amit Anand Tiwari told the SC that she has many more witnesses to examine and that she should get adequate opportunity to produce her witnesses before the commission.
The M K Stalin government through advocate Joseph Aristotle informed the SC that the Arumughaswamy commission had completed 90% of its work by April 26, 2019, when the SC stayed its proceedings. "The Commission has completed the examination of 154 witnesses which included 56 doctors attached to Apollo Hospital, five doctors from AIIMS, 12 government doctors including the Medical Board of five doctors constituted by the government of Tamil Nadu, 22 paramedical and other staff of the Petitioner and 59 other witnesses. Hence, about 90% of the proceedings before the commission have already been concluded," it said.
It said the state government "is incurring expenditure of Rs 4,26,462 per month towards the salary for the staff of the Commissioner of Inquiry and therefore, it would be in the interest of justice that the Commission be permitted to conclude its reference and submit a final report to the Government of Tamil Nadu expeditiously." Appearing for the CoI, senior advocate Ranjit Kumar also told the SC that it would be in the interest of all that the inquiry commission completes its work and submits the report as early as possible.
However, appearing for Apollo Hospital, senior advocate C A Sundaram said that the issue would require final adjudication rather than just vacation of a two-year-old stay. He said the cross-examination of witnesses is yet to be completed. SC agreed to post the hearing of the pending case for final disposal in August.
The TN government brought to SC's notice the Madras High Court entertaining a PIL and asking the state why the commission should not be directed to submit its final report and wind up its business within three weeks. The HC has fixed August 13 as the next date of hearing on the PIL.