Paternity case: Court holds N D Tiwari in contempt for refusing DNA test

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 order in which she had taken on record Tiwari’s refusal to comply with the court’s previous direction to provide blood sample for the DNA test.

“The refusal by Tiwari to submit blood sample is willful,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 sample.

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 his mother Ujjwala Sharma.

Shekhar had in July this year moved the High Court for the 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 the claim that Tiwari is Rohit’s biological father.

Rohit had moved High Court for bringing Tiwari under contempt of court provisions saying he had been refusing to comply with the order to give 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 could not 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 give their blood samples for the 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 blood samples.

The court also asked Tiwari to be present at the time their samples would be collected so that he did 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 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 evidence and the joint registrar submits DNA

profiles of various people from their blood samples.

On September 23,the High Court had ruled that Tiwari could not 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 the 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. The refusal of the respondent (Tiwari) displays no good reason but bad faith,” Justice Mittal had said,disapproving of Tiwari’s attitude.