HC rejects ND Tiwari`s plea against fine of Rs 75,000

The Delhi HC dismissed the plea of veteran Cong leader ND Tiwari seeking waiver of cost of Rs 75,000 imposed on him during the hearing of a petition of a 31-year-old man claiming to be his biological son.

Last Updated: Feb 25, 2011, 18:38 PM IST

New Delhi: The Delhi High Court on Friday
dismissed the plea of veteran Congress leader ND Tiwari
seeking waiver of cost of Rs 75,000 imposed on him during the
hearing of a petition of a 31-year-old man claiming to be his
biological son.

"The review petition is dismissed", a division bench
of Justices Vikrmajit Sen and Mukta Gupta said.

The 85-year-old leader had sought review of an earlier
order of the bench which had upheld the ruling of a single
judge, imposing a cost of Rs 75,000 on him.

The order of the single judge had asked Tiwari to
undergo a DNA test to ascertain the claim of Rohit Shekhar
that he was his biological son and imposed the fine on
him for seeking deletion of certain contents from Shekhar`s
petition.

The order regarding the imposition of cost on Tiwari
was later upheld by the division bench which was again
approached by the Congress leader. The plea has now been again
rejected.

Meanwhile, Rohit has filed an application before a
single judge bench seeking modification of the earlier order
saying the Centre for Cellular and Molecular Biology at
Hyderabad, which was authorised to conduct the DNA test, was
no more conducting such test.

"By way of the present application, the plaintiff
(Rohit Shekhar) seeks modification of the said order to the
limited extent that the designated institution for this
purpose may be changed to the Centre for DNA, Fingerprinting
and Diagnostics (CDFD), Hyderabad", the application said.

The hearing on Rohit`s plea will be taken up on March
one as Justice Gita Mittal did not hold the court on Friday.

Earlier, the bench had dismissed Tiwari`s appeal
against the single judge order asking him to undergo DNA test
on a plea made by Rohit claiming to be his biological son.

"Irreparable loss is bound to visit the plaintiff
(Rohit Shekhar) if the orders under the application are not
immediately passed in as much as the suit itself may be
rendered infructuous and vital evidence may be lost forever",
the bench had said.

Rohit has claimed that he was born out of the leader`s
alleged relationship with his mother Ujjawala Sharma.

Tiwari, a former chief minister of Uttar Pradesh and
Uttarakhand, who had also held key ministerial portfolios at
the Centre, was forced to resign as Andhra Pradesh Governor in
2009 amid allegations of sexual misconduct against him
following the airing of a sting operation in news channels
purportedly with some women.

PTI