The Madras High Court Division Bench of Justice R. Subbiah and Justice Krishnan Ramasamy on Monday asked the State Government as well as to Justice A. Arumughaswamy Commission of Inquiry to file their counter affidavits by Friday in response to Writ Petitions filed by Apollo Hospitals.
The bench was of the view that the decision regarding passing interim orders on the Petition would be taken only after perusing the counter affidavits.
The petitions by Apollo Hospitals were moved to the High Court seeking an interim stay in order to restrain the Commission of Inquiry(CoI) from probing into issues pertaining to the medical treatment provided to Jayalalithaa.
The hospital through a separate Writ Petition had also sought appointment of an independent medical board, having specialist doctors which are not associated with the State government or Apollo who will give report directly to the High Court.
During the Course of proceedings, Advocate General Vijay Narayan claimed that the Commission also has an authority to inquire the medical aspects.
However, the hospital in its affidavit has claimed that Jaylalitaa was treated by a highly qualified and specialist doctor's team and neither during her hospitalisation amid September-December 2016 nor after her death, any concerns were raised, questioning the appropriateness of treatment provided to her.
It was further added that the specialists from All India Institute of Medical Sciences(AIIMS) as well as other specialists reliably validated Jayalalithaa's line of treatment but post nine months of her death, the State government constituted the Commission of Inquiry which would affect the reputation of the hospital.
It was alleged that probe by the commission is questioning the integrity and even medical knowledge and competency of the medical witnesses of the petitioner.
The petitioner also informed the Court that so far many doctors have deposed before the Commission and the major challenge for them was to explain the complexity of medical and scientific facts and protocols and procedures, which were adopted during Jayalalithaa's treatment to the commission. As for the obvious fact that the Commission of Inquiry did not have any assistance of a team which belong to medical profession.
The hospital accused the Commission of going beyond the extent of inquiry and for behaving in a biased manner to fasten liability on Apollo Hospitals by conducting a case of medical negligence.
Pertinently, in 2017, Justice A Arumughaswamy Commission of Inquiry was constituted to probe into the circumstances which lead to Jayalalithaa's hospitalisation on September 22, 2016 and subsequently the treatment provided to her till the date of her demise December 5, 2016.