A special CBI court on Thursday appointed Chennai's Chief Metropolitan Magistrate (CMM) as commissioner to record the testimony of DMK supremo M Karunanidhi's wife Dayalu Ammal as a prosecution witness in the 2G spectrum case.
The order came following a direction by the Supreme Court which on August 22 had refused to exempt Ammal from deposing as a witness in the case but had exempted her from personal appearance in the special court. It had also directed that she be examined by a commission in Chennai.
"Dayalu Karunanidhi is a witness cited in the list of prosecution witnesses and is to be examined in this case. However, as per the order dated August 22, 2013 passed by the Supreme Court, she is to be examined on commission. Accordingly, as per section 285 CrPC, Chief Metropolitan Magistrate, Chennai, is appointed as Commissioner with request to examine her at Chennai as per law, she being a resident of Chennai," special CBI judge O P Saini said.
The court directed that relevant documents be sent to the CMM Chennai and also said that accused were also at a liberty to point out any documents, if any, which they may require for cross-examination of Ammal.
"The Commissioner is requested to examine her (Dayalu Ammal) and to return the commission after execution, at his earliest possible convenience to this court considering the nature of the case," the judge said.
The apex court, on August 22, had passed the order on a plea filed by Ammal's daughter Selvi seeking court's direction to exempt her mother from appearing before the trial court as prosecution witness on medical ground.
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 had asked the special CBI court hearing the case, to appoint a commission to examine her in the case in Chennai where she resides. Karunanidhi's daughter and DMK MP Kanimozhi and Sharad Kumar, managing director of Kalaignar TV, are facing trial in the case along with former Telecom Minister A Raja and others.