Paternity suit: Court slams N.D. Tiwari on affidavit (Second Lead)July 14th, 2011 - 7:00 pm ICT by IANS
New Delhi, July 14 (IANS) The Delhi High Court Thursday slammed veteran Congress leader N.D. Tiwari for his affidavit which contended that no person could be compelled to give a blood sample for DNA test in a paternity suit.
Justice Gita Mittal said: “Your affidavit does not comply with the court’s direction. I have directed your client (Tiwari) to file his personal affidavit, mentioning his denial for giving his blood sample for DNA test.”
“Instead of giving reasons for his denial, in his affidavit the politician said as per various Supreme Court judgments no person can be forced to give his blood sample against his will during a court proceeding,” said the court.
The 87-year-old Congress leader said in the affidavit, filed Thursday morning, that he was an old man who was “protected” by various judgments and also had an unblemished record of service to the nation.
The paternity suit against Tiwari has been filed by 31-year-old Rohit Shekhar, who claims to be the politician’s biological son.
Tiwari filed the affidavit after Justice Mittal Monday issued a contempt notice in a matter related to a monetary issue and asked him to state on oath that the decision not to give a blood sample for the paternity test was his own and not that of his lawyers.
The contempt notice was issued on an application by Shekhar, seeking prosecution of the leader for his failure to deposit a cost of Rs.75,000 imposed on him Dec 23 last year.
Tiwari’s counsel handed over two cheques of the amount of Rs.75,000 and tendered his apologies to the court and the contempt petition was disposed.
The court also asked Tiwari to file a fresh affidavit containing only the information sought by it.
The court also pulled up Tiwari for denying his presence in the photographs which were presented during an earlier proceeding.
“You are utilising the shield of being a senior politician and freedom fighter and you are denying the photographs in record. There are photos of national leaders in it, if needed the court may also call them to the witness box,” said the court.
The court directed Tiwari to file another affidavit taking a stand whether he was present or not present in the photographs shown to him.
Asking Tiwari to file two different “personal affidavits” by July 21, the court said it would not allow him to take a ground at a later stage that his response was based on “legal advice”.
Tiwari’s five-decade political career virtually ended in 2009 after a news channel showed explicit clippings of an elderly man purported to be him with three young women in bed when he was Andhra Pradesh governor. A few days later, Tiwari resigned on health grounds.
The court also warned Tiwari’s counsel that heavy cost would be imposed on him if they adopt any delaying tactics by filing a new application.
- Court slams N.D. Tiwari over affidavit (Lead) - Jul 14, 2011
- Court warns Tiwari for refusing to give blood sample - Jul 28, 2011
- Tiwari files personal affidavit in paternity suit - Jul 14, 2011
- Court issues contempt notice to N.D. Tiwari - Jul 11, 2011
- N.D. Tiwari refuses to give blood sample for paternity test - Jul 21, 2011
- N.D. Tiwari gets contempt of court notice - Sep 27, 2011
- Paternity suit against Tiwari: Court gets DNA report - Feb 15, 2012
- Court to rule Friday on N.D. Tiwari paternity suit - Sep 22, 2011
- Court slams Tiwari for avoiding test (Lead) - Jul 07, 2011
- Tiwari asked to furnish blood sample on Saturday (Lead) - May 21, 2012
- Enough is enough, apex court tells N.D. Tiwari - May 01, 2012
- Paternity suit: Court reserves order on Tiwari's plea (Lead) - Aug 02, 2011
- Enough is enough, apex court tells N.D. Tiwari (Lead) - May 01, 2012
- Tiwari's refusal to give DNA sample unjustified: Court - Sep 23, 2011
- I can't be forced to give DNA test sample: N.D. Tiwari (Lead) - Jun 01, 2011
Tags: affidavit, biological son, blood sample, cheques, congress leader, contempt notice, contempt petition, court proceeding, delhi high court, dna test, freedom fighter, gita, mittal, old congress, paternity test, politician, shekhar, supreme court judgments, thursday morning, unblemished record