There is no respite for DMK patriarch M Karunanidhi’s wife Dayalu Ammal. On Monday, the Supreme Court refused to discharge the 84-year-old accused in the 2G case being probed by Enforcement Directorate on the grounds of her old age and degenerative Alzheimer disease.
Ammal had approached the apex court through her daughter Selvi to seek relief under Section 328 of Code of Criminal Procedure (CrPC) where the court has the power to discharge a person on ground of unsound mental condition. Medical records attached with the petition filed by advocate Amit Anand Tiwari showed that Dayalu had moderate to severe Alzheimer dementia that impeded her ability to understand court proceedings and respond to the judge.
Not convinced by the medical illness reasoning, the trial court too had rejected her request for discharge. The Bench, headed by Chief Justice Hl Dattu, refused to interfere with the trial court order and directed Ammal’s counsels to instruct her client to go and appear before the court. Senior advocate Amarendra Saran, who represented the petitioner, argued that under Section 328 CrPC the trial court was required to conduct an independent inquiry before passing any order on patient’s medical condition.
The Bench told Saran that it was up to the accused to first appear before the court. “Once your client will go and say I don’t understand anything, the court will accordingly pass orders.” If mental unsoundness is proved, the trial judge can either grant bail or adjourn her personal presence.
