SC relief for ex-minister Sheila Kaul
21 Oct 2013 12:54 AM GMT
The Supreme Court has set aside a order of the Delhi High Court dismissing former union minister Sheila Kaul’s plea challenging framing of charges against her in a corruption case and trial court direction to appear before it to answer charges against her. The apex court has sent the file back to the Delhi high court for a fresh disposal of the matter in accordance with law.
Kaul had approached the apex court challenging the high court order dismissing her plea. She was directed by trial court to appear before it to answer charges framed against her in a corruption case last year. She is accused of conspiracy in making out-of-turn allotments of government accommodations for monetary gains.
Kaul claimed to have been suffering from dementia and various other old age problems and being of unsound mind because of her age and problems.
The trial court had directed her to appear before it after AIIMS doctor told it that Kaul was capable of understanding questions put to her and giving appropriate answers although such questions may have to be repeated.
‘The order passed by the High Court has not examined the question whether the trial court was justified in holding that the appellant (Kaul) was capable of understanding the questions that may be put to her and answering the same appropriately. While it is true that the application filed by the appellant did not, strictly speaking, bring her case under Section 329 of the Code of Criminal Procedure, yet it is evident from the averments made in the application that the appellant was alleged to be incapable of making her defence on account of her old age and multiple medical problems including senile dementia,’ said the bench comprising of Justice T S Thakur and Justice Vikramjit Sen.
Kaul had approached the apex court challenging the high court order dismissing her plea. She was directed by trial court to appear before it to answer charges framed against her in a corruption case last year. She is accused of conspiracy in making out-of-turn allotments of government accommodations for monetary gains.
Kaul claimed to have been suffering from dementia and various other old age problems and being of unsound mind because of her age and problems.
The trial court had directed her to appear before it after AIIMS doctor told it that Kaul was capable of understanding questions put to her and giving appropriate answers although such questions may have to be repeated.
‘The order passed by the High Court has not examined the question whether the trial court was justified in holding that the appellant (Kaul) was capable of understanding the questions that may be put to her and answering the same appropriately. While it is true that the application filed by the appellant did not, strictly speaking, bring her case under Section 329 of the Code of Criminal Procedure, yet it is evident from the averments made in the application that the appellant was alleged to be incapable of making her defence on account of her old age and multiple medical problems including senile dementia,’ said the bench comprising of Justice T S Thakur and Justice Vikramjit Sen.
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