New Delhi: Former Tamil Nadu Chief Minister M Karunanidhi's wife Dayalu Ammal on Tuesday moved the Delhi High Court against the trial court order, which had dismissed her plea for exemption from appearing as a prosecution witness in the 2G case.
Challenging the trial court's May 31 order, 82-year-old Ammal in her plea sought that the court pass an order for constitution of a medical board which would then furnish a report on her fitness to appear in the court.
Appearing for Ammal before justice Veena Birbal, senior advocate Sudhir Nandrajog submitted she was diagnosed with cognitive and behavioural abnormalities in June last year and that she is progressively and gradually losing recognition of even her near and dear ones.
Nandrajog also argued that due to her physical and mental condition, Ammal is prone to "abrasive behaviour, clumsy habit with sudden hitting or punching people, inappropriate talk and action and inability to take care of day-to-day activities".
The lawyer also claimed to have a medical report of a central government hospital to support his submissions.
He further submitted that the bench should seek a report from the medical board and if it gives a fitness report, his client has no objection in appearing as witness before the trial court.
To this submission, the court observed, "why can't you get yourself (Ammal) examined from a government hospital and produce a report before the court. This is to stall the proceedings."
"You appear before the trial court. In case you don't understand the questionnaires of the court, then make a submission before the trial court for such an order," the bench said.
Justice Birbal deferred the plea till tomorrow and asked the counsel to argue on the aspect of its maintainability after CBI's counsel Sonia Mathur submitted that the Supreme Court has already put a blanket ban on the high court to entertain any plea in the 2G case.
The court asked the CBI to explain it under what circumstances and in which plea of CBI the apex court had passed this order.
First Published: Tuesday, July 02, 2013, 14:55