The Arumughaswamy Commission that enquired into late Tamil Nadu Chief Minister J Jayalalithaa’s demise in 2016, is a lesson on how a Commission must not function.
The report was finally tabled in the Tamil Assembly on 17 October 2022, four years after the Commission came into existence following the passing away of the AIADMK supremo on December 5, 2016. (The report disputes the date and time of her death as well). She had been hospitalized for two months in Chennai’s Apollo Hospital.
O. Paneerselvam was sworn in as the Chief Minister and subsequently he launched a “Dharma Yuddham” alleging foul play in Jayalalithaa’s death and that he was forced to resign.
With Palaniswami in the Chief Minister’s seat and V.K Sasikala in jail, a truce was engineered between the two warring AIDMK factions, with the compromise and solution, being the proposed Justice Arumughaswamy Commission, which was to investigate the circumstances of the late AIADMK supremo’s unfortunate death.
After four long years and with crores of tax payer money spent, retired Justice Arumughaswamy submitted his findings in a disappointing and flawed report.
Justice Arumughaswamy incorrectly states Jayalalitha’s date of death as 4th Dec 2016 at 3.50 pm instead of 5th Dec at 11.30 pm. which is a day earlier than what was originally reported by doctors.
Early on in the report, Arumughaswamy makes a strange point.
In this context, it is pertinent to mention about the news item which appeared in “The Times of India” dated 03.10.2016. After seeing the bulletin published by the R.2 hospital, that she was taking treatment and was responding and a few more days’ stay in the hospital is essential for her recovery, the former Chief Minister Dr. Kalaignar M. Karunanidhi gave a statement that she was admitted for fever and dehydration as per the report of the hospital and, in the meantime, there are also reports that she met the officials and political leaders in the hospital and discussed about Cauvery River Water issue and she is capable of dictating the statement filed before the Cauvery River Water issue meeting held in New Delhi. The former Chief Minister stated that a photograph of what transpired in the hospital itself, has to be released. However, it has not been released to the public. It will alone put an end to the rumours. Further, he stated that mystery over her treatment and health condition would be clear only then. But, it has been ignored. He also emphasized that even though he had different ideologies with Selvi J Jayalalithaa, he wished her a speedy recovery. What the former Chief Minister anticipated, had unfortunately taken place. The Chief Secretary C.W.12 also requested to take a photograph along with ailing C.M. after the meeting was over. Even though late C.M. Madam also agreed and they were waiting for the photographer outside the room, the view has been changed by somebody from inside the room. We have to appreciate the statement given to the Press by the former Chief Minister late Dr.Kalaignar M.Karunanidhi, since the same was the view expressed. (Pg 166-167)
The retd judge appears to favour AIDMK’s political opponent DMK and its leader Mr. Karunanidhi when he reports that Karunanidhi could purportedly see the future and that he had demanded to see periodic pictures from the hospital. He claims that the elderly politician’s predictions shared at the time with the press, had eventually come true.
Following a tip of the hat to the late DMK leader, Arumughaswamy then goes to his big conspiracy theory but neglects to provide evidence to back it up.
According to him, VK Sasikala was the mastermind behind ensuring that treatment to Jayalalithaa was botched. He claims that Sasikala, Dr. K.S. Sivakumar (Sasikala’s nephew), Dr. J Radhakrishnan the then Health Secretary, Dr. Vijayabhaskar (former Health Minister ), Dr. Babu Abraham (pulmonologist at Apollo Hospital ) and Dr. YVC Reddy conspired against Jayalalitha by not providing her with the proper treatment at the right time and hence an investigation into the suspicious behaviour of them needs to be conducted.
On 25.11.2016, when Dr.Samin Sharma, from USA, arrived and was prepared to do angio, C.W.106-Dr.Babu Abraham finds a shortcut to postpone the surgery by contacting Dr.Richard Beale, UK Doctor, who in turn conveys to the US Doctor that “now only she is improving”. Hence, the UK Doctor suggested to postpone the angio. In this manner, C.W.106-Dr.Babu Abraham played a trick to postpone the angio treatment of late C.M. under the pretext of Dr.Richard Beale,but, which is not found anywhere in the Medical Records, and because of this, late C.M. was deprived of this critical treatment and at a later stage her clinical condition deteriorated which later led to her unfortunate demise. – (Pg 192)
This report by a retired judge appears more flawed and biased than the A.K Rajan Committee report on NEET.
The worst part is that all of these illogical claims by the venerable retired judge have no basis in fact. The actual depositions that the various witnesses and respondents made, are in complete opposition to his conclusions. It appears that the judge has not just twisted facts but in fact, created them out of thin air.
He also blames the AIIMS doctors panel of not caring about Jayalalithaa.
During their visits,AIIMS Doctors have taken note of the endorsements already made in the R.2 hospital case sheet by R.2 hospital doctor Dr.Ram Gopalakrishnan and Dr.Rajeev Soman and Dr.Jigitivatia from Bombay and the UK Doctor Dr.Richard Beale, who have all suggested for early valve surgery. From their evidence it is very clear that the AIIMS doctors have not taken enough care to consider the cardiac ailment of late C.M. during their first visit and it is not indicated in their report also. – (Pg 206)
Jayalalithaa was suffering from ARDS (Acute Respiratory Distress Syndrome). While the doctors claimed there was a mild heart condition (mild vegetation in the mitral valve ) that was not considered life threatening, Judge Arumughaswamy insists that the doctors should have operated on her heart right away instead of treating the more serious condition of her lungs (ARDS).
He reports that this alleged medical misstep was the likely cause of her death. Such a claim goes against multiple depositions with various medical experts, claiming otherwise. Judge Arumughaswamy reports against the knowledge, judgement and credibility of all the doctors involved in Jayalalitha’s treatment in any capacity – domestic, international (Dr. Richard Beale from the UK) as well as the highly reputable doctors from AIIMS. The doctors had all agreed that it wasn’t Jayalalithaa’s heart but her lungs, the infection in her blood and her high sugar levels, that were slowly killing her.
To put it in context, Mr Arumughaswamy finds fault with doctors for not bandaging and treating a small scratch on Jayalalitha’s hand but focusing on a fractured leg which apparently resulted in her death!
AIIMS Doctors were aware that she was suffering from two vegetations. Two thoracic surgeons and also two Intensivists had recommended for early valve surgery. Thereafter only, AIIMS team had seen the patient with pleural effusion and pulmonary oedema. Because of the ventilation, she had undergone Tracheostomy. Even thereafter, it is not known, what symptom was expected by the AIIMS Doctors to advise surgery? The peculiarity is that no surgeon was invited, whereas Anaesthesist had been called and he came. Further, the Commission wishes to mention that AIIMS Doctors would merely say that they came here only to supervise the treatment of R.2 hospital. Because they are aware if they say that they treated the late C.M. they will come within the ambit of investigation. What is the meaning of “supervise”? Dictionary gives the meaning as “to watch somebody/something to make sure that work is being done properly or that people are behaving correctly.”Supervise means “they should ensure that correct treatment is given” . While looking at it, they have utilized executive class Air ticket and star hotel comforts even though Centralized A.C. State Guest House was available, why the Health Secretary arranged all these thing under the head of hospitality and serving food all along for 75 days incurred more than a Crore Rupees all these are have to be answered at the time of investigation. (they are only doctors, whether they are eligible for Executive Class?) – (Pg 212-213)
He quotes Dr. Sharma from Mount Sinai Hospital in the U.S, who clearly states he was willing to operate on Jayalalithaa’s heart only if it was deemed necessary by her team of doctors. At that point, there was concensus among the doctors that a heart surgery should be performed only after Jayalalithaa had made some recovery because they had all opined that it was not a life threatening heart condition. Imagine conducting a non-emergency heart surgery on a patient that was struggling to breathe!
The Terms of Reference for the Arumughaswamy Commission are clear. They are :
1) the Commission was constituted to enquire into the circumstances and siruation leading to ex Chief Minister, Selvi Jayalalitha’s hospitalization on 22/9/2016
2) enquiry into the subsequent treatment provided to her, till her unfortunate demise on 5/12/2016.
Mr. Arumughaswamy appears to have gone way beyond the scope of the Terms of Reference stated by the Supreme Court by delving into the 2011 rift between Jayalalithaa and Sasikala.
Without a shred of evidence, he has decided that Sasikala was in a “mood of simmering discontent” and took her revenge at the appropriate time.
He seems to have harassed several witnesses about an alleged rift between Jayalalitha and Sasikala in 2011, reaching his own conclusions about the animosity and Sasikala’s vengeance. He fails to account for a birthday gift (a car) that Jayalalitha presented to Sasikala in the intervening years. He arrives at the conclusion that O Panneerselvam’s “Dharma Yudham” was malafide. The additional investigations and conjecture go way beyond the scope of the clearly stated Terms of Reference.
Dr. Madhan Kumar and fellow doctors had even complained to the Supreme Court about Arumughaswamy’s behaviour. Many witnesses complained that the ex-judge would not entertain their requests of any changes to their testimony. Mr Arumughaswamy’s behaviour seemed hostile to most witnesses. There seems to be have been a malafide intent to the commission’s report. The report reads as if the conclusion was already decided upon and the Commission was merely searching for evidence to back the forgone conclusion.
What is the intent of such a report by Mr Arumughaswamy? Many witnesses have complained that his report has misquoted their statements. He gets some medical jargon wrong.
At one point in the report he states thus:
On 4.12.2016 C.W.65-Maheswari and C.W.61-VijayalakshmiNurses, stated that they were fixing Nebulizer to late C.M., at 4.20 p.m.; the rhythm of her heart beat changed and it was seen in the monitor two to three times and her eyes rolled up. Immediately, the available Doctor gave electric shock to her heart and as it did not resume, they called the Surgeon. At that time, C.W.60 Dr.Rama Devi, C.W.102-Dr.Ramesh Venkatraman were present and they immediately commenced CPR – (Pg 368)
Imagine giving electric shock to the heart! That’s how ridiculously he gets the medical references wrong.
Arumughaswamy seems to have a problem with J. Radhakrishnan IAS. He picks on Dr. J Radhakrishnan, the then Health Secretary and unwarrantedly questions his veterinary background. Dr Radhakrishnan was just acting in his capacity as the Health Secretary.He has accused former Health Minister C Vijay Bhaskar of wrongdoing without providing a shred of evidence to back his allegations.
But what is the most appalling aspect of the report is that he has insulted the intelligence of the entire medical fraternity by subscribing to conspiracy theories.
In conclusion, the Arumughamswamy’s report is a job shabbily done that is full of holes, very low on facts, fantastically high on conspiracy theories and malafide intentions.
It is a report that is fit to be thrown back at the retired judge’s face.
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