Jayalalithaa death: SC asks AIIMS to nominate panel of specialists to assist Commission of Inquiry

The court said it is just and proper to constitute a medical board to assist the Commission in disposal of the case

The Supreme Court has asked the AIIMS Director, New Delhi, to nominate a panel of specialist doctors in the fields of treatment of the ailments suffered by the former Tamil Nadu Chief Minister J Jayalalithaa, to render assistance to the Commission of Inquiry formed to probe her death.

The Tamil Nadu government had appointed the Commission headed by Justice A Arumughaswamy, a retired Madras High Court judge, on September 25, 2017. It was asked examine the circumstances which led to the hospitalisation of Jayalalithaa on September 22, 2016, and also the nature of treatment, to determine the cause of hospitalisation and the circumstances, leading to her death.

In a recent order, a bench of Justices S Abdul Nazeer and Krishna Murari said it is just and proper to constitute a medical board to assist the Commission in disposal of the case.

"We request the Director, All India Institute of Medical Sciences (AIIMS), New Delhi, to nominate a panel of doctors, specialist in the fields of treatment of the ailments as suffered by the late Chief Minister of Tamil Nadu,” the bench said.

It further added, “Needless to say that the Commission has to furnish the said medical board, so constituted, with complete records of the proceedings. The medical board, so appointed, is permitted to participate in all further proceedings of the Commission and furnish a copy of the report to the Commission”.

On November 30, the top court had said it will pass orders to allow the setting up of a medical board of AIIMS doctors to help the Justice Arumughaswamy Commission of Inquiry.

Apollo Hospitals had moved the top court alleging that the panel was bias, violated the principles of natural justice, and also conducted the fact-finding exercise outside its jurisdiction.

On the hospital's plea, the top court had on April 26, 2019 stayed the proceedings by the Commission.

The bench said, having regard to the facts and circumstances of the case, “we are of the view that it is just and proper for the Commission to furnish the documents, the depositions and the records as available in the records of the Commission on an application to be made by the appellant-Hospital and respondent no.3 ( V K Sasikala)”.

The bench also permitted Apollo to make an appropriate application seeking permission to cross-examine/recall of any witness or individual including those witnesses whose evidence has since been closed and also lead its own evidence.

“If such an application is filed, we request the Commission to consider the same and pass appropriate orders thereon," the court said.

The court also asked the Commission to permit to lead her evidence at an appropriate stage of the inquiry.

Jayalalithaa was treated for 75 days at the Apollo Hospitals of Chennai till her death on December 5, 2016.

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