Paternity case: Contempt notice to ND Tiwari

ND Tiwari was asked by Delhi HC to explain why it should not launch contempt of court proceeding against him for refusing to give his blood sample.

New Delhi: Veteran Congress leader N D
Tiwari was on Tuesday asked by the Delhi High Court to explain why
it should not launch contempt of court proceeding against him
for his "deliberate disobedience" of its order to give his
blood sample for DNA test to determine a youth`s paternity.

"Why contempt proceedings should not be initiated
against defendant (Tiwari) for his deliberate, wilful
disobedience of the court`s order", Justice Gita Mittal said
issuing the contempt notice to Tiwari.

The court issued the notice to Tiwari four days after
conceding that the 85-year-old leader cannot be compelled to
give his blood sample for DNA test as per the court`s last
year order.
While issuing the notice to Tiwari, Justice Mittal also
referred to her last week`s order in which she had taken on
record Tiwari`s refusal to comply with court`s previous
direction to provide his blood sample for DNA test.

"The refusal by Tiwari to submit blood sample is wilful,
malafide, unreasonable and unjustified. Such refusal is taken
on record," Justice Mittal had said in her September 23 order
referring to Tiwari`s persistent refusal to give his blood

The court issued the contempt notice to Tiwari on a plea
by city youth Rohit Shekhar, who claims to be Tiwari`s
biological son born out of the veteran politician`s
relationship with Ujjwala Sharma.

Shekhar had in July this year moved the high court for
initiation of contempt proceedings against Tiwari for his
non-compliance with the court`s December 2010 order directing
the Congress leader to provide his blood sample to ascertain
his claim that Tiwari is Rohit`s biological father.

Rohit had moved the high court for bringing Tiwari under
the contempt of court provisions saying he had been refusing
to comply with the high court`s order to give his blood sample
despite its endorsement by the Supreme Court.

Tiwari had refused to appear in the high court dispensary
on June 1 to give his blood sample saying he cannot be forced
for it.
While issuing the contempt notice to Tiwari, Justice
Mittal today also framed for their determination the legal
issues linked to Shekhar`s paternity suit.

Justice Mittal said the issues to be determined by the
court included if Tiwari is Rohit`s biological father and if
Rohit filed the suit to tarnish Tiwari`s image and to obtain
financial benefits.

In addition, the court also decided to ascertain whether
or not B P Sharma, the former husband of Rohit`s mother
Ujjawala Sharma, is Shekhar`s biological father.

To determine this question, Justice Mittal directed
Rohit, Ujjwala Sharma and B P Sharma to provide their blood
samples to conduct their DNA profiling.

Justice Mittal directed the court`s joint registrar to
initiate proceedings for their DNA profiling from October 20
and asked him to fix a date for taking their blood samples.

The court also asked Tiwari to be present at the time of
collection of their blood samples to ensure that he does not
raise any objection in future on the issue.

The high court also appointed a retired judicial officer
as local commissioner to record testimonies of various parties
and directed all the parties to provide the same and other
evidence to him.

The court has fixed February 15, 2012, for hearing the
paternity suit after the local commissioner completes
recording of evidence and the joint registrar submits DNA
profiles of various people from their blood smaples.

On September 23, the high court had ruled that Tiwari
cannot be compelled to give blood sample for his DNA test to
determine Rohit`s paternity but said his persistent refusal
can lead to the presumption that he is his father.

"The conscious and emphatic refusal clearly suggests that
Tiwari does not wish to run the risk of providing the
plaintiff with the evidence that would establish his case and
is malafide. The refusal of the respondent(Tiwari) displays no
good reason but bad faith," Justice Mittal had said,
disapproving of Tiwari`s attitude.


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