New Delhi: Former Tamil Nadu Chief Minister M Karunanidhi`s wife Dayalu Ammal, who was scheduled to appear in a Delhi court on Monday to depose as a CBI witness in a 2G spectrum allocation scam case, moved an application seeking exemption from appearance due to ill health.
Eighty-year-old Dayalu Ammal`s counsel said she is "weak and bed-ridden" and it would not be possible for her to leave her house and come to the court.
Special CBI Judge O P Saini issued a notice to CBI and sought its reply by tomorrow on the application.
The application said her medical records indicate she is suffering from Alzheimer disease and is undergoing treatment for the past one year.
"Taking into consideration her mental and physical condition, the court may be pleased to exempt her from appearing and dispense with her presence," the plea said.
It also said if the court feels, it can constitute a medical board to examine Dayalu Ammal and give its report on her condition.
In its second charge sheet filed on April 25, 2011, CBI had named Dayalu Ammal as a prosecution witness in the case in which DMK MP and M Karunanidhi`s daughter Kanimozhi is facing trial along with others, including former Telecom Minister A Raja.
CBI has said Dayalu Ammal was having 60 per cent stake in Kalaignar TV Pvt Ltd in which Kanimozhi and co-accused Sharad Kumar, Managing Director of the channel, was having 20 per cent stake each respectively.
CBI, in its charge sheet, has discussed the routing of over Rs 200 crores illegal gratification from M/S Dynamix Realty to Kalaignar TV Pvt Ltd through M/S Kusegaon Fruits and Vegetables Pvt Ltd and Cineyug Films Pvt Ltd.
In its first charge sheet filed on April 2, 2011, CBI had said the money had travelled through a "circuitous route" through Kusegaon Fruits and Vegetables Pvt Ltd, a DB group company and Cineyug Films Pvt Ltd, to Kalaignar TV in which Dayalu Ammal, Kanimozhi and Sharad Kumar were having 60, 20 and 20 per cent shares respectively.
Dayalu Ammal was not named as an accused in the case by CBI which had said that due to her advanced age and "non-understanding" of any language other than Tamil, she was only fulfilling the legal requirements of Kalaignar TV Pvt Ltd in which she is one of the Directors.
CBI had said Dayalu Ammal had delegated her power to Sharad Kumar to run the company`s affairs.
"She (Dayalu Ammal) categorically informed that in view of her old age and deteriorating health, she cannot be expected to give any attention to the company`s affairs and requested Sharad Kumar to exercise degree of skill which may reasonably be expected of a person of his age, knowledge, experience, calibre and status," the charge sheet had said.
Besides Raja, Kanimozhi and Sharad Kumar, former Telecom Secretary Siddharth Behura, Raja`s erstwhile private secretary R K Chandolia, Swan Telecom promoters Shahid Usman Balwa and Vinod Goenka, Unitech Limited MD Sanjay Chandra, three top executives of Reliance Anil Dhirubhai Ambani Group (RADAG) - Gautam Doshi, Surendra Pipara and Hari Nair - are facing trial in the case.
Directors of Kusegaon Fruits and Vegetables Pvt Ltd Asif Balwa and Rajiv Agarwal and Bollywood producer Karim Morani are also accused in the case.
Besides these 14 accused persons, three telecom firms - Swan Telecom Pvt Ltd (STPL), Reliance Telecom Ltd and Unitech Wireless (Tamil Nadu) Ltd - are facing trial in the case.