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Apollo Hospital can contest final report: Panel

CHENNAI: The Justice A Arumughaswamy Commission on Friday knowledgeable the Madras top court docket that Apollo Hospital was once loose to challenge the general file of the commission as soon as it was once out but it can't challenge the complaints of the probe panel.

"We know our limitations. The commission is just a fact-finding committee and it is not into any investigation. All that the commission can do is send its opinion to the state government. Even then, neither the state nor the subsequent investigating authority is bound by the opinion," senior recommend A R L Sundaresan said on behalf of the commission.

The hospital has alleged bias on a part of the commission, however legally such allegations cannot be levelled towards a commission of inquiry because it not an adjudicating authority, he said.

The issue pertains to pleas moved by Apollo challenging the complaints of the commission into the correctness of the remedy supplied to former chief minister J Jayalalithaa while she was once hospitalised.

Submitting his ultimate arguments on behalf of the commission, Sundaresan said without equal mandate of the commission was once to determine the reality and rule out rumours relating to Jayalalithaa's death.

As to the allegation of prejudice at the a part of the commission at the foundation of packages filed by its recommend in search of to implead the chief secretary and the then health secretary as birthday celebration respondent to the proceeding on grounds of collusion and conspiracy with the hospital, Sundaresan said, "All actions of the counsel for the commission cannot be directly attributed to the commission. Even in the application for impleading, the commission has not passed any order and has adjourned it."

Noting that 90% of the complaints are already complete, Sundaresan said the hospital can't seek to stall the complaints of the commission with out challenging the federal government order or the terms of reference that too after participating in the complaints.

Recording the submissions, a division bench of Justice R Subbiah and Justice Krishnan Ramaswamy directed the commission and Apollo to record their written arguments by March 12.

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