ND Tiwari told to respond on refusal to DNA test

ND Tiwari was asked by Delhi HC to file an affidavit saying his refusal to undergo DNA test was his `voluntary` decision.

New Delhi: Veteran Congress leader ND
Tiwari was on Monday asked by Delhi High Court to file an
affidavit saying his refusal to undergo DNA test to decide the
paternity suit of a man claiming to be his biological son was
his "voluntary" decision and not influenced by lawyers.

"Let your client (Tiwari) file an affidavit that he
would not voluntarily give his blood sample for the DNA test
and his decision to defy (court orders) is his own and not
that of his lawyers," Justice Gita Mittal said.

Justice Mittal also issued a notice to Tiwari on an
application of 31-year-old Rohit Shekhar seeking prosecution
of the 85-year-old leader for "contempt" due to his failure to
deposit a cost of Rs 75,000 imposed on him on December 23 last

The court came criticized a plea of Tiwari that he was
a freedom fighter and has served the nation for last 70 years
and hence be not forced to give his blood sample.

"The fact that you were a freedom fighter does not
give You (Tiwari) a license to flout the court orders like
this," the court said.

Asking Tiwari to file a "personal affidavit" by July
14 that he was "voluntarily" refusing to undergo DNA test, the
court said it would not allow him to take a ground at a later
stage that his response was based on "legal advice".

The court said it would later pronounce an order on
another plea of Rohit for initiation of contempt proceedings
against Tiwari for defying a single judge order which was
upheld by the division bench and the Supreme Court.

Tiwari, who had been a chief minister, union minister
and governor, has been defying court orders contending "nobody
can be pressurised to give evidence in this manner."

Initiating arguments, the counsel for Tiwari said he
was leading a life of a "retired" man who lives on pension.

The veteran leader had fought for the freedom of the
country and cannot be forced to give blood sample as it would
harm his "personal dignity", the lawyer said.

"I will summon your client and record his statements,"
the court said, adding the case also "relates to the dignity
of this young man who has got a right to know the father."

The counsel for Tiwari said the leader was "ably
protected" by various Supreme Court judgements which say a
person cannot be forced to give evidence in this manner.

"I will hear you and not pass any order without
hearing both parties. But let your client file an affidavit
first," Justice Mittal said and fixed the case on July 14 for

Earlier also, the court had rapped Tiwari for
"flouting" its orders to undergo a DNA test saying "we will
not allow you to frustrate orders. Let`s not allow the
impression to gather momentum that you can flout the court
orders in this manner."

Unless there were some medical reasons because of
which he is not giving blood samples, Tiwari cannot be allowed
to act in this manner, the court had said.

The octogenarian leader, who held the post of Uttar
Pradesh chief minister twice and later of Uttarakhand, had
allegedly been adopting evasive tactics to defy the court`s

Seeking contempt action against Tiwari, who had to
quit as Andhra Pradesh Governor in December 2009 in the wake
of an alleged sex scandal in the state`s Raj Bhawan, Rohit, in
his plea, had said "despite clear and specific orders of the
high court directing Tiwari to furnish blood samples for the
DNA test, he has refused to do so."


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