Will give report in a month, says panel probing Jayalalithaa’s death to SC

The commission headed by Justice (Retd) A Arumughaswamy stated that it had examined 154 witnesses in connections with its probe into the circumstances leading to the former chief minister’s hospitalisation at Chennai’s Apollo Hospital, and the 75 days of treatment culminating in her death on December 5, 2016

The Commission of Inquiry probing the death of former Tamil Nadu chief minister J Jayalalithaa told the Supreme Court on Thursday that it is in a position to submit its report within a month as only four witnesses remain to be examined.

The Supreme Court. (HT file)

The commission headed by Justice (Retd) A Arumughaswamy, set up by the Tamil Nadu government in September 2017, stated that it had examined 154 witnesses in connections with its probe into the circumstances leading to the former chief minister’s hospitalisation at Chennai’s Apollo Hospital, and the 75 days of treatment culminating in her death on December 5, 2016.

On April 26, 2019, the Supreme Court stayed the commission proceedings on a petition filed by Apollo Hospital questioning the scope of inquiry.

Dealing with the application by the Tamil Nadu government for vacating the stay, a bench of justices S Abdul Nazeer and Krishna Murari agreed to hear the case next Thursday.

Appearing for the commission, senior advocate Ranjiit Kumar said, “We have examined over 154 witnesses and only four witnesses remain. The commission is in a position to submit its report within a month.”

The state government was represented by senior advocate Dushyant Dave who requested the court to have the matter at the earliest as the state government required to make short submissions on its application to vacate the stay and allow the commission to complete its proceedings.

An application filed by the state last month for early hearing of the case said, “The applicant (state government) is incurring an expenditure of over ₹4.26 lakh per month towards the salary for the staff of the Commission of Inquiry and therefore, it would be in the interest of justice if the commission is permitted to conclude its reference and submit a final report to the government of Tamil Nadu.”

The application also stated that till April 2019, the commission had completed 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 Tamil Nadu government, 22 paramedical and other staff of Apollo hospital, and 59 other witnesses.

VK Sasikala, the close aide of former chief minister Jayalalithaa, was also represented in court by advocate Vivek Singh who said the commission is not correct in saying that only four witnesses remain to be examined. “The commission has allowed our application to recall 13 witnesses. In this connection, we are yet to examine and cross-examine these witnesses,” he said.

Senior advocate C Aryama Sundaram appearing for Apollo Hospital told the court that he was yet to argue his objections against the commission.

In the petition, Apollo claimed that the commission was biased having preconceived views about the petitioner hospital, its doctors and staff. The commission denied this allegation it in its submissions given to court.

The commission said, “The Commission of Inquiry under the 1952 Act has remained and remains non-partisan and refrains from taking any adversarial position either against or in favour of the petitioner (Apollo hospital) or the government of Tamil Nadu.”

Prior to coming to the Supreme Court, Apollo hospital had approached the Madras high court to stall the commission proceedings that was denied. The HC, after going through the terms of reference had held, “The commission can very well decide the appropriateness, adequacy or inadequacy and efficacy of the treatment given to the chief minister of the state.”