2G trial: Setback for Karunanidhi's wife

The court dismissed two applications filed by 82-year-old Ammal seeking exemption from personal appearance as a witness

The trial court in the telecom spectrum allocation case has rejected the plea to exempt, on medical grounds, Dayalu Ammal, 82, wife of Dravida Munnetra Kazhagam chief

M Karunanidhi and mother of Kanimozhi, one of those accused by the prosecution, from appearing before the judge. Dayalu Ammal held 60 per cent equity stake in Kalaignar TV, which is alleged to have been a conduit for a bribe of Rs 200 crore. Dayalu Ammal’s lawyer, P Kumaresan, had pleaded she was suffering from Alzheimer’s and had related senility issues, beside needing assistance for activities of daily living. Judge O P Saini dismissed the plea, saying, “I find her mental and physical condition normal to her age.” The judge has directed she be present in the court on July 8 and there was no need for a medical board to assess her mental and physical capacity to appear as a witness.

He has assured that no inconvenience would be caused and her dignity would be maintained. His order said she was not incapacitated to such an extent that she could not understand questions and give rational replies.

She had been exempted from appearance on May 6 on these grounds. The other defence counsels had opposed her plea for exemption, on the ground that it could cause injustice to their own clients.

The judge said whatever had been adduced as reason for exempting her from personal appearance was not enough for her to be omitted from cross-examination in the case. He noted her medical record was not referred to by any party at the time of arguments.