The Delhi high court on Thursday asked Dayalu Ammal, the wife of former Tamil Nadu chief minister M Karunanidhi, to approach the Supreme Court with her petition challenging a trial court order dismissing her plea for exemption from appearing as a witness in the 2G case.
Justice Sunil Gaur also asked the Central Bureau of Investigation to ensure that no coercive order is passed by the trial court till lunch time on Monday, the day when Ammal has been summoned to appear before the trial court as a prosecution witness.
"I can't hear the matter on merit. You (Ammal) have to make a mention before the Supreme Court. It is being monitored by the Supreme Court and I am not going to touch it. You may be having a good case on merits but I can't hear," Justice Gaur said after CBI's counsel Sonia Mathur questioned the maintainability of the plea.
Appearing for Ammal, senior advocate Sudhir Nandrajog said the petition cannot be mentioned on Thursday and Friday before the apex court but he agreed with the high court to mention the plea before the Supreme Court on Monday morning.
Earlier, CBI counsel had questioned the maintainability of the plea, saying the apex court has already put a blanket ban on the high court to entertain any plea in the 2G case.
The CBI counsel also argued that the trial court had passed the order on Ammal's plea on May 31 but the petitioner was silent for the whole month of June. The petitioner, said CBI’s counsel, did not challenge the trial court’s order but a few days before she has to appear before the trial judge, the witness has approached the high court, which is unfair.
Ammal has been made a prosecution witness in the 2G case and the trial court has summoned her to appear before it on July 8 for recording of her deposition.
Challenging the trial court's May 31 order, Ammal, 82, in her plea, has sought the court to pass an order for constitution of a medical board which would then furnish a report on her fitness to appear in the court.