MADURAI: Damning findings against former health minister C Vijayabaskar by the Justice A Arumughaswamy Commission, in connection with the hospitalisation and the death of former chief minister Jayalalithaa, were quashed by Madras high court on Monday. The commission had also recommended an inquiry against the ex-minister.
Justice Arumughaswamy Commission has ticked off four people -- V K Sasikala, her relative Dr K S Sivakumar, C Vijayabaskar and former health secretary J Radhakrishnan -- for a series of omissions, including failure to allow a ‘lifesaving' angioplasty for Jayalalithaa. The Commission recommended further probe and action against them.
On Monday, Justice G K Ilanthiraiyan allowed Vijayabaskar's plea to quash the Justice Arumughaswamy commission report insofar as observations, remarks and recommendations to conduct inquiry against him and the consequential GO passed by the state govt to initiate action against him after obtaining legal opinion.
"It is clear that Rule 5(2) of the Commission of Inquiry (Central) Rules, 1972, has been violated since no notice was issued to the petitioner (Vijayabaskar) in terms of the rule asking him to show cause as to why he should not be proceeded against after giving him sufficient opportunity to respond to the allegations and the specific charge against him," he said adding that the former minister was never given an opportunity to rebut the charges against him.
Rejecting the state's argument that the petition premature since no action pursuant to the report had been initiated against him, Justice Ilanthiraiyan said, "it is not necessary for the petitioner to wait till certain action is initiated by the respondent considering the Commission's report where the observations made against the reputation of the petitioner, that too without giving an opportunity of hearing to explain his conduct. In fact, subsequent to the Commission's report, a GO was issued ordering that it was decided to initiate appropriate action, after obtaining the legal opinion. It cannot be said that the petition is a premature one."
Though others were given an opportunity of hearing and also to cross-examine witnesses, Vijayabaskar was not given an opportunity of hearing and also to cross-examine the witnesses, the judge said.
In his petition, Vijayabaskar stated that the findings and observations made against him in the report were without any legal basis and thus, they could not be construed as ‘factual finding' and the same ought to be expunged in its entirety.
Apprehending adverse consequences, Vijayabaskar referred to a GO dated Oct 17, 2022, wherein the chief secretary had said: "it was decided to initiate appropriate action under the commissioner of inquiry report's recommendation against certain individuals, after obtaining the considered opinion of the legal experts."