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The Supreme Court while upholding the High Court order directing a probe into late Chief Minister, J. Jalalithaa's death, directed constitution of a medical board to assist the Commission in disposal of the case.
A bench of Justice S Abdul Nazeer and Justice Krishna Murari has further directed the Director, All India Institute of Medical Sciences (AIIMS), New Delhi, to nominate a panel of doctors, specialists in the fields of treatment of the ailments as suffered by late Chief Minister of the Tamil Nadu.
The bench was hearing a plea filed by M/S. Apollo Hospitals Enterprises Limited challenging the order of the Madras High Court observing that "the Commission can consider the appropriateness, adequacy or inadequacy of the treatment given by the appellant- Hospital based on the available medical records."
Madras High Court had further noted, "it cannot interfere with the appointment of the Commission of Inquiry and direct the Government to include professionals or experts on the Board to assist the one-man Commission of Inquiry."
Whereas, the apex court directed the Commission 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," the bench added.
The apex court has also found it 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 Hospital and respondent no.3 (VK Sasikala).
In addition to this, the Court has also allowed the Hospital to make an appropriate application seeking permission to cross-examine/recall any witness or individual including those witnesses whose evidence has since been closed, and also lead its evidence.
Case Title: M/S Apollo Hospitals Enterprises Limited Vs. State of Tamil Nadu and Ors.
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