Chaini Parwani –
Published On: November 24, 2021 at 12:10 IST
Senior Advocate Dushyant Dave representing the Tamil Nadu challenged before Court that the allegations of Bias by Apollo Hospitals is premature and that the scope of the inquiry undertaken is within the Jurisdiction of the Commission.
A Bench comprising of Justices S Abdul Nazeer and Krishna Murari was hearing a Special Leave Petition filed by Apollo Hospitals against Madras High Court’s Order.
The Petition was filed highlighting that the functioning before the Commission of Inquiry (CoI) was ‘Replete with bias’.
An inquiry commission headed by Justice Arumughaswamy, a retired Madras High Court Judge was appointed by the State, on September 25, 2017.
Senior Advocate C Aryama Sundaram representing Apollo Hospitals had alleged that the Trial before the Justice (retired) A. Arumughaswamy Commission of Inquiry, considered to investigate the situations relating to the death of former Tamil Nadu Chief Minister Jayalalithaa, was in violation of the Principles of Natural Justice and that the CoI was only a fact finding body.
Further Advocate Dave highlighted that “Bias is neither argued nor pleaded for the purpose of removal of the incumbent Commissioner or dismissing the Order and that the allegations of bias are subsumed by the fact that all they want is that the Commission not go into the aspect of medical competency of Apollo Hospitals or the treatment given.”
Justice Nazeer suggested whether a technical member like a Doctor could be made a member of the Commission.
Senior Advocate Ranjit Kumar representing the Commission of Inquiry began his submissions by stating the scope of a fact-finding body like a Commission of Inquiry.
Advocate Ranjit Kumar stated “A judge who has been a judge for 35 years…can it be said that he is incompetent? When judges are judicially trained – can it be said that they do not know how to conduct themselves?”
In response to the Petitioner’s argument of doctored evidence of one of the doctors, Senior Counsel highlighted that 3 lines have been taken into consideration of the entire evidence recorded to doubt the Judge’s actions.
Senior Advocate Ranjit Kumar is to continue with his submissions on November 24.
Case Title: M/S Apollo Hospitals Enterprises Ltd. v. The State Of Tamil Nadu| SLP (Civil) 10189/2019
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