Apollo Hospitals says judiciary can't decide on correctness of treatment to Jayalalithaa

Apollo Hospitals Monday contended before the Madras High Court that a judicial panel probing the death of late Chief Minister J Jayalalithaa cannot decide on the correctness and adequacy of the treatment given to her by it. The terms of reference of the Justice Arumughaswamy Commission probing the late chief minister's death were only to go into the circumstances that led to her hospitalisation and the panel cannot expand its scope of inquiry, and ascertain if the proper treatment was given to her, it claimed.

The submissions on behalf of the hospital were made by senior counsel Aryama Sundaram before a division bench of justices R Subbiah and Krishnan Ramasamy. The bench was hearing the hospital's petition seeking an interim stay on judicial panel's proceedings relating to the medical treatment given to Jayalalithaa.

The commission cannot enquire into the medical treatment and go beyond its terms of reference, said Sundram. He said the panel of doctors who were asked by the commission was set up only to go into the chronology and verify the records submitted by the hospital.

He said the commission was a fact-finding one and it can only recommend an enquiry if any discrepancy is found by the medical panel, but it cannot decide the correctness of the treatment given by the hospital. Counsel said the commission had examined nearly 30 doctors of the hospital even before it set up the panel of doctors to verify the hospital's records.

Sundram said the commission was objecting to a decision taken on the treatment when it is not for the commission to go into it. Apprehending that the judicial panel may pass an adverse order against the hospital, the counsel pleaded that if such an order is passed, it would affect the reputation of the hospital, while the commission cannot judge the correctness and adequacy of the treatment.

(With inputs from agencies.)