Jayalalithaa’s Death : Madras High Court Stays Arumughaswamy Commission's Recommendations Against Former Health Minister C Vijayabhaskar

Justice GR Swaminathan allowed the interim prayer in a plea moved by Vijayabhaskar challenging the recommendations of the commission and seeking to quash the report as far as Vijayabhaskar was concerned and the Government order under which appropriate action was to be initiated based on the recommendations of the commission.

After the death of former Chief Minister of Tamil Nadu Jayalalithaa, the Commission was constituted to inquire into the circumstances that led to the hospitalisation and subsequent treatment given to the former chief minister. In its report, the commission had found Jayalalithaa’s aid Sasikala, Vijayabhaskar, Dr KS Sivakumar (Jayalalithaa’s personnel physicial) and former health secretary Dr J Radhakrishnan guilty.

The commission had raised various questions and had alleged that certain persons were involved in a conspiracy leading to the death of the former minister. The commission also stated that there were lapses in the treatment. With respect to Vijayabhaskar, the commission had stated that he had spoken about the treatment given to Jayalalithaa in an evasive and illusive manner and he did not take necessary initiative to ensure better treatment.

Challenging the observations, Vijayabhaskar contented that these serious prejudicial observations based on assumptions will dent the reputation and political image of the petitioner. He also contended that he was not given an opportunity to present his case and was thus denied his right to defend himself in an effective manner.

He added that as per Section 8B of the Commission of Inquiry Act 1952 the commission should have issued notice to him if it was going to proceed against him. Having not exercised the statutory power, the commission does not have jurisdiction to give findings that are prejudicially adverse to the Petitioner. Thus, he contended that the finding of the commission was liable to be quashed

Case Title: Dr. C Vijayabhaskar v. State of Tamil Nadu