ND Tiwari told to respond on refusal to DNA test
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Last Updated: Monday, July 11, 2011, 21:23
  
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 year.

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 hearing.

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 order.

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."

PTI


First Published: Monday, July 11, 2011, 21:23


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