When did Jayalalithaa die? Probe panel says previous AIADMK government announced the wrong date

Justice Arumughaswamy Commission report tabled in the Tamil Nadu Assembly; says Jayalalithaa died on 4 December 2016, not the next day.

BySouth First Desk

Published Oct 18, 2022 | 4:27 PMUpdatedOct 18, 2022 | 4:51 PM

Justice Arumughaswamy commission report tabled in Tamil Nadu assembly.

The Tamil Nadu government on Tuesday, 18 October, tabled in the state Assembly the Justice A Arumughaswamy Commission’s report on circumstances surrounding former chief minister J Jayalalithaa’s death.

The commission indicted Jayalalithaa’s close aide VK Sasikala, the late leader’s personal physician Dr KS Sivakumar, former health secretary Dr J Radhakrishnan, and former health minister Dr C Vijayabhaskar. The report recommended an investigation into their actions that preceded the former chief minister’s death.

The MK Stalin-led Dravida Munnetra Kazhagam (DMK) government, meanwhile, decided to seek legal opinion before initiating further action on the panel’s recommendations.

The commission had submitted its report to the government in August this year. The panel also recommended a probe against Dr YVC Reddy, and Dr Babu Abraham, who treated the All India Anna Dravida Munnetra Kazhagam (AIADMK) leader.

The report said that the commission found “criminality” in the then chief secretary Dr Rama Mohan Rao, and suggested an investigation.

Report disagrees with official date of death

One of the highlights of the Justice Arumughaswamy Commission report is the contention about Jayalalithaa’s date of death.

While the then AIADMK government declared that Jayalalithaa had passed away at 11.30pm on 5 December 2016, the commission noted that the time and date of death was between 3pm and 3.30pm on 4 December 2016.

“The date of death has been declared by hospital as 5.12.2016 at 11.30pm, but it is on 4.12.2016 between 3.00pm and 3.50pm on the basis of the evidence of C.W.59 and C.W.9,” the report noted.

Commission witness (CW) 59 is M Nalini a hospital medical staff, who carried out an echo test on Jayalalithaa on 4 September 2016.

In her statement, the report noted, she deposed that Jayalalithaa’s heart had stopped functioning between 3 and 3.50pm on 4 September 2016. CW 9 is J Deepak, son of Jayalalithaa’s brother Jayakumar.

While the Supreme Court appointed AIIMS panel in August this year concluded that the treatment given to  Jayalalithaa at Apollo Hospital was correct, the commission report has raised questions over the same.

The 480-page report in English dwelled into various components such as AIIMs panel’s report, Jayalalithaa’s diet, her strained relationship with others including Sasikala, medical options given to her by specialists, treatment regime that was followed, and those that weren’t, contradictions over medical bulletins, evidence via CCTV cameras, media rumours, etc.

The Arumugaswamy commission also questioned why cardiac surgery, as initially discussed and suggested to Jayalalithaa, was not carried out.

Who took the decision?

“A renowned cardio-thoracic surgeon from the USA, Dr Samin Sharma, examined her (Jayalalithaa) in the hospital on 25.11.2016, analysed the case records and discussed with late C.M. herself, when she was conscious and she (Jayalalithaa) gave consent to the course of treatment proposed,” Justice Arumugaswamy noted.

“The said US doctor’s considered opinion was that late C.M. had to necessarily undergo a lifesaving cardiac surgery in view of the vegetation that had developed in her heart and other attendant health parameters,” he further stated.

The report also noted that other than the doctor, only Sasikala was privy to the information, and she had the powers to reverse the decision for surgery.

“Would it not be then that those who exercise the power of decision-making in a crisis, erred on the wrong by not proceeding with cardio thoracic surgical intervention, which in the opinion of the US doctor could have had the effect of saving the life of late C.M,” the report added.