The Supreme Court on Thursday rejected the plea of Dayalu Ammal, wife of the former Tamil Nadu Chief Minister, M. Karunanidhi, to exempt her from deposing as a witness in the 2G case. It asked the trial court to appoint a commission to visit Chennai to examine her to take evidence as she was unable to travel to Delhi.
A Bench of Justices G.S. Singhvi and K.S. Radhakrishnan, after perusing the report of the Medical Board from the All India Institute of Medical Sciences which examined her, told counsel P.R. Kovilan: “We are satisfied that the purpose would be served by appointing a commission to examine her in Chennai.”
When counsel said she should be granted exemption, Justice Singhvi said: “No question of exemption. According to the medical report, she cannot travel but she can be examined in Chennai.” The Bench then disposed of the special leave petition (SLP) against the trial court order.
The SLP filed by Selvi, daughter of Mrs. Dayalu Ammal said: “On May 4, the National Institute of Mental Health and Neuro Sciences, Bangalore, has issued a medical certificate mentioning that Dayalu Ammal is having Alzheimer’s Dementia.”
Mrs. Dayalu Ammal was one among the prosecution witnesses cited by the CBI and summoned by the CBI Special Court for recording her evidence.
The special judge rejected the application for exemption. Since the CBI questioned the Delhi High Court’s jurisdiction, the present appeal was filed in the Supreme Court for a direction to get her mother medically examined by a team of doctors and if she was found not medically fit to exempt her from being examined as a witness.
