The High Court's Joint Registrar Deepak Garg said he
would decide on various formalities on taking Tiwari's blood
sample in presence of his counsel and those of Delhi youth
Rohit Shekhar, who claims to be his biological son, born out
of the leader's relationship with his mother Ujjawala Sharama.
A single-judge bench of the High Court had on December 23
asked the 85-year-old leader to undergo a DNA test on a
paternity suit filed by Shekhar.
On Tiwari's appeal, challenging the single-judge bench's
order, a division bench of Justices Vikramajit Sen and
Siddharth Mridul had reserved its order yesterday, while also
turning down his plea to suspend the single-judge bench's
order at least for the time being.
Senior advocate Jayant Bhushan, appearing for Tiwari, had
sought interim stay on the December 23 order, arguing that
"there was no urgency as the petitioner (Rohit) has not sought
any pecuniary relief".
"Can your client (Tiwari) file an affidavit that he would
remain alive for next ten years?" the bench had asked him
turning down the plea.
Bhushan had also contended that Tiwari cannot be
compelled by the court to give his blood sample and there
were various Supreme Court judgements on the issue.
Bhushan had contended that the single-judge order asking
Tiwari to undergo the test was erroneous as a legal and valid
marriage was subsisting between Ujjwala and Bimal Prasad
Sharma, the legitimate father of Rohit.
Moreover, Ujjwala and Bimal had access to each other and
there was conclusive proof that Rohit was their legitimate
child, he said.
He also argued that the words paternity and legitimacy
were interchangeable and no distinction can be drawn between
Rohit's counsel Sudhir Nandrajog, however, opposed
Tiwari's plea saying paternity and legitimacy were two
distinct issues and the single judge had rightly asked him to
undergo the test.
The judge had asked Tiwari to undergo the DNA test saying
the wider interest of a person of not being declared an
illegitimate child has to be kept in mind.
Tiwari, a former chief minister of Uttar Pradesh and
Uttarakhand who has 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.
New Delhi: The formalities as to how and
where veteran Congress leader ND Tiwari's blood sample will
be taken for his DNA test on a paternity suit would be
determined on February 19, the Delhi High Court decided on Tuesday.
First Published: Tuesday, February 08, 2011, 13:42