A Delhi court on Wednesday allowed the plea of 12 out of 17 accused in the 2G spectrum scam case seeking extemption from personal appearenace before a Chennai judge who will record the statement of DMK supremo M Karunanidhi's wife Dayalu Ammal as a witness in the case.
Those accused, who filed the application before Special CBI Judge O P Saini, said they are seeking exemption from appeareance before the Chennai's Chief Metropolitan Magistrate (CMM) as they don't wish to cross examine Dayalu Ammal. The CMM was appointed as Commissioner to record 84-year-old Ammal's testimony by a Special CBI Court, holding trial in the case, in the wake of the Supreme Court's direction.
"Since they (tweleve accused) have no questions to put to Dayalu Karunanithi, whose statement is to be recorded on October 28 and for which they have received the summons, they do not wish to attend the recording of her statement at Chennai nor do they wish to send any representative and this information may kindly be communicated to the Commissioner/ CMM, Chennai," the judge said.
The court said necessary action should be taken immediately. Special Public Prosecutor U U Lalit for CBI told the court that those who do not wish to appear before the CMM, it shall be presumed that they have no question to be put to the witness. He further stated that the accused should not create any problem in future, like they were not given any opportunity and the statement was recorded in their absence.
Former Telecom Minister A Raja said he should also exempted from his personal appereance but his counsel will be present during the recording of the statement. Raja in his application said that apart from being an MP he is also a memeber of Standard Committe of Energy and a meeting is sheduled for October 28 in Delhi, so he cannot go personally before the Chennai judge.
Karunanidhi's daughter and DMK MP Kanimozhi and Sharad Kumar, Managing Director of Kalaignar TV, will appear before the CMM. Bollywood Producer Karim Morani and Director of Kusegaon Fruits and Vegetables Pvt Ltd Asif Balwa will also be there. The accused moved the application after CBI had on Monday served summons to all the accused who were present during the court proceedings.
The Special Judge had on October 14 pulled up the Chennai CMM for delaying the recording of Ammal's statement and observed that it might prolong the ongoing trial in the 2G spectrum case. The court had said that despite lapse of over a month, the statement has not been recorded till date.
The CMM Chennai was appointed as Commissioner for the purpose after the Supreme Court had on August 22 refused to exempt Ammal from deposing as a witness in the case. The apex court had, however, exempted her from personal appearance in the special CBI court and directed that she be examined in Chennai.
The apex court had passed the order on a plea filed by Ammal's daughter Selvi seeking a direction to exempt her mother from appearing before the trial court as prosecution witness on medical grounds. The apex court had said that according to a medical board report, Ammal was unfit to depose as a witness before the court as she cannot travel and asked the special CBI court to appoint a commission to examine her in the case in Chennai where she resides.
Apart from 14 individuals, three companies - Reliance Telecom Ltd, Swan Telecom and Unitech (Tamil Nadu) Wireless Ltd are also accused in the case.
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