N D Tiwari seeks extension of deadline to vacate premises

N D Tiwari seeks extension of deadline to vacate premises
N D Tiwari seeks extension of deadline to vacate premises

Former chief minister N D Tiwari today sought an extension of the deadline set by Uttarakhand High Court to vacate the official bungalow allotted to him, saying he cannot shift out due to infirmities of old age and prevailing cold.

The nonagenarian leader filed an application through his counsel Aditya Kumar Arya in the high court seeking extension of the court’s deadline for vacating the premises which expires today.

Due to infirmities induced by old age and the winter season, he was unable to shift elsewhere, the veteran leader said in his application.

Tiwari had given a written undertaking to the court in December last year, saying he will vacate the premises allotted to him on FRI campus, Kaulagarh Road, Dehradun by February 15.

However, terming it as “evasive tactics”, petitioner Avdhash Kaushal said he will approach the court when it reopens on Thursday demanding rejection of Tiwari’s application for extension.

Petitioner’s lawyer Kartikey Hari Gupta said the former chief minister is violating his own written undertaking and that too on expiry of the deadline set by the court for vacating the bungalow.

Tiwari is the lone former CM who is yet to vacate the premises allotted to him.

Rest of the former CMs made respondents in the case have already vacated their bungalows.

( Source – PTI )

N D Tiwari is father of Rohit Shekhar: HC

The DNA test on N D Tiwari has revealed that he is the biological father of a 32-year-old youth who today won a five-year-long legal battle on a paternity suit which the veteran Congress leader tried to scuttle from the beginning.

In a first of its kind case involving a politician in India, the Delhi High Court made public the result of the DNA test report, rejecting 87-year-old Tiwari’s last ditch attempts to keep it a secret.The DNA test on N D Tiwari has revealed that he is the biological father of a 32-year-old youth who today won a five-year-long legal battle on a paternity suit which the veteran Congress leader tried to scuttle from the beginning.

“Due to my simplicity, at this point of my age, my trusted people hatched a conspiracy against me in a planned way. I have no remorse against them. My sympathy is with Mr Rohit Shekhar. I also have no grudge against Mr Rohit Shekhar,” he said.

An emotional Rohit said, “Tiwari’s legal troubles will mount now. He will pay for all the hurt he has caused my mother for so many years.”

Ujjwala said,”It is upto Rohit, whether he now wants to add ‘Tiwari’ to his name.”

Legal experts say Rohit can now seek inheritance rights and have a valid claim to the properties of Tiwari.

The 10-minute-long proceedings in the afternoon gave anxious moments to Rohit and his mother Ujjwala after Justice Khetrapal observed that the declaration of DNA test result can be deferred till Monday as she wanted to go through the order of the division bench.

However, Vedant Verma, the counsel for the youth, opposed the suggestion saying “Rohit has already suffered a heart attack. The result be declared open after taking my submissions on record that the appeal of Tiwari has been dismissed today morning with a direction that the result would be declared…”.

“The absence of Tiwari’s lawyer, despite the court’s earlier direction, is another act of indiscipline,” he said.

Senior advocate Kamini Jaiswal, appearing for Ujjwala, also sought immediate declaration of the result saying “the woman is also 70-year-old and every passing minute is causing mental agony to her.”

The court, which recorded that Tiwari’s lawyer did not appear, then asked the advocates for Rohit and Ujjwala to come in the chamber for desealing of the report and minutes later, declared the result in the open courtroom.

While announcing the result, the judge noted that “None has appeared on behalf of Defendant No 1 (Tiwari) though it is nearly 4 pm, nor any request has been made for an adjournment on behalf of defendant No 1.

Accordingly let the sealed cover, received from CDFD, Hyderabad be opened and the report be placed on the file, which would be available to the parties only,” she directed.

The lawyers told Justice Khetrapal that the division bench had upheld the earlier order to declare the DNA test result in open court.

Earlier, during the day, the division bench concurred with the order of Justice Khetrapal that the report cannot be kept confidential as the apex court did not order so.

“We are in agreement with the single judge that nowhere the Supreme Court in its order stated that the DNA profile shall be kept in a sealed cover till the conclusion of trial.This DNA report is a piece of evidence,” the bench said.

“The purpose was to cut short the controversy and to avoid an unnecessarily prolonged trial. If the sample is not opened now, it may lead to unnecessary cross-examination of the witnesses. We do not find merit in the petition, so it is dismissed,” it said.

In his appeal, Tiwari had pleaded with the court to protect his “right to reputation,” contending that the single-judge bench has adopted a “shortcut” to decide the suit and it would cause “grave injustice” to him.

N D Tiwari’s DNA report to be opened

The Delhi High Court today rejected veteran Congress leader N D Tiwari’s plea to keep his DNA report secret and hold in-camera hearing of the paternity suit of a youth claiming to be his biological son.

 Justice Reva Khetrapal dismissed N D Tiwari’s application saying the Supreme Court’s May 24 order to maintain confidentiality was for the purpose of collection of blood sample for the DNA test and the transmission of the report to Delhi High Court but not for the purpose of trial.

 “You cannot misinterpret the Supreme Court order. It was for the purpose of collection of blood sample for DNA test..,” Justice Khetrapal said and fixed July 27 to open the DNA report.

 In his application, 87-year-old N D Tiwari had claimed that the apex court’s order had provided for keeping the DNA report confidential till conclusion of the trial of the paternity suit.

 “Direct all concerned to comply with the directions passed by the Supreme Court…and let the DNA report be completely sealed and kept confidential till conclusion of entire trial or alternatively, till reasonable appropriate stage in the suit,” Tiwari had said in his application.

 Tiwari had given blood sample for the DNA test on May 29 at his residence in Dehradun following a Supreme Court’s order in the case.

 Referring to one of the Supreme Court orders, Tiwari’s counsel Bahar-U-Burqi said it has been made clear that the DNA report will remain confidential till the conclusion of trial.

 The lawyer also said “plaintiff (Rohit) and his mother are leaving no stone unturned to get the report unsealed and make it public to attract undue media attraction without completion of the trial.”

N.D. Tiwari gets contempt of court notice

The Delhi High Court Tuesday issued a contempt notice to Congress leader N.D. Tiwari for defying its order asking him to give his blood sample in a paternity suit filed by a 32-year-old claiming to be his son.

 

Justice Gita Mittal, referring to her Sep 23 judgment in which she had termed Tiwari’s refusal to give blood sample “wilful, malicious, unreasonable and unjustified”, issued the notice, returnable for Feb 15.

 

The court asked Tiwari “why contempt proceedings should not be initiated against defendant (Tiwari) for his deliberate, wilful disobedience of the court’s order”.

 

Justice Mittal issued the notice four days after conceding that the 85-year-old leader cannot be physically compelled to give his blood sample for DNA test as per the court’s order last year.

 

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

 

The court in May asked the veteran leader to appear before it June 1 and give his blood sample for DNA test to ascertain Shekhar’s claim.

 

After Tiwari failed to appear and give his blood sample, Shekhar in July moved the high court for initiation of contempt proceedings against the politician.

 

On July 21, Tiwari’s personal affidavit was placed before Justice Mittal. It stated that he would not give his blood sample for the DNA test.

 

Going through the affidavit, the court asked Tiwari: “Don’t you think that DNA test will vindicate completely your stand that you have not sired the plaintiff?”

 

“I have an unblemished public career which justifies me to contest against the plaintiff who is bent upon to tarish my public image by bringing false cause and even unwarranted contempt petition so as to get undue publicity in print as well as electronic media,” said Tiwari’s affidavit.

 

“In order to preserve, protect and defend my personal dignity attained by my long cherished service to the nation as well as society, I being a senior citizen too, I am not willing to give my blood sample for DNA testing. Hence, I may not be compelled to do so,” the affidavit said.

 On Tuesday, the court directed Shekhar, his mother Ujjwala Sharma and her former husband B.P. Sharma to appear before the joint registrar Oct 20 to give their blood samples for DNA test.

 The court has also appointed a local commissioner to record evidence of Ujjwala Sharma and Tiwari.

 “On Nov 28, the duo will record their evidence in presence of the local commissioner,” the court said

N D Tiwari is Rohit Shekhar’s father: HC

New Delhi, The Delhi High Court ruled today that veteran Congress leader N D Tiwari was indeed Rohit Shekhar’s father.

Mr Shekhar (31) had moved the High Court to order a DNA test on the Congressman to test his paternity.

However, the veteran Congressman and former Governor had steadfastly defied all attempts of the Court almost daring them to put him under a DNA test.

Justice Gita Mittal, in her verdict holding Tiwari to be Shekhar’s father, conceded that the Congressman couldn’t be forced to undergo a DNA test.

The order mentions that the Court has enough evidence to arrive at the conclusion.

Mr Shekhar had produced more than 100 photographs of his mother Ujjawala and Tiwari to prove proximity between them. According to him, there was a physical relationship between them, which led to his birth.

However, Tiwari had made light of the photographs saying that being a public representative he was always mingling with the people. Hence, the photographs don’t make a clinching evidence.

Significantly though, the politician didn’t file an affidavit to either deny or affirm the authenticity of the photographs in spite of the judge categorically ordering him to do so.

In the absence of Tiwari’s response, the Court took the photographs in favour of the petitioner as the biological son.

can’t be forced to give DNA test sample: N.D. Tiwari

Veteran Congress leader N.D. Tiwari Wednesday refused to appear before the Delhi High Court and moved an application stating that he cannot be forced to give a blood sample for a DNA test in a paternity suit filed by a 31-year-old man who says Tiwari is his biological father. 

Tiwari, 85, moved an application before court Joint Registrar Deepak Garg stating that no pressure could be applied on him to give a sample for the test.He also requested the joint registrar to reduce the cost of Rs.75,000 imposed on him by the court for seeking the deletion of certain paragraphs from the paternity suit filed against him by Rohit Shekhar.“As he is a pension earner and has no other property in his name, he cannot give that amount,” Tiwari’s counsel said.The joint registrar adjourned the matter till July 7 and asked Tiwari to appear before an appropriate bench of the court. 

He had earlier asked Tiwari, Shekhar and his mother Ujjwala Sharma to appear in person June 1 in the court’s dispensary to give their blood samples for the DNA test.The court said the Congress leader and the mother-son duo will have to bear the cost of the DNA test at the Centre for DNA Fingerprinting and Diagnostics at Hyderabad. while Tiwari did not turn up, Shekhar and his mother appeared in the court’s dispensary Wednesday.

The court Dec 23, 2010 turned down Tiwari’s plea that he could not be forced to undergo the DNA test, saying it was the right of a child to know his or her biological father. 

The court also rejected Tiwari’s plea for dismissing the petition on the ground that it was filed 31 years after the petitioner was born and was aimed at maligning him. Tiwari, who has served as chief minister of both Uttar Pradesh and Uttarakhand as well as a central minister, quit as Andhra Pradesh governor following allegations of his involvement in a sex scandal inside Raj Bhavan.

Apex court rejects N.D. Tiwari’s plea challenging blood sampling

The Supreme Court Friday rejected veteran Congress leader N.D. Tiwari’s appeal challenging a Delhi High Court order directing him to submit his blood samples for DNA profiling to decide a paternity suit filed by Rohit Shekhar, who claims to be his biological son.

An apex court bench of Justice Aftam Alam and Justice R.M. Lodha, however, issued notice on the question of law. The court said that the issue involves wider ramifications.

The court said ‘not acceptable’ to the five proposals submitted by Tiwari as alternate to the DNA profiling through blood samples. The court said: ‘What we have said in the earlier hearing stands.’

The apex court had March 14 said the 85-year-old leader will have to undergo a DNA test but gave him the option of suggesting an alternative to collection of blood sample for the test

Court orders Tiwari to undergo paternity test

Veteran Congress leader N.D. Tiwari was Thursday ordered by the Delhi High Court to undergo a DNA test to ascertain a young man’s claim that Tiwari is his biological father. Rohit Shekhar, 31, who claims to be Tiwari’s son, was jubilant after the court’s decision. Tiwari has resisted the DNA test to determine the paternity claim in the past.

Justice S. Ravindra Bhat said: “There is imminent need for him (Tiwari) to give blood sample to conduct the scientific test.”

The court turned down the 85-year-old former Andhra Pradesh governor’s plea that he could not be forced to undergo a DNA test, and said it was the right of a child to know his or her biological father.

Reacting to the court decision, Shekhar said: “I am very happy.”

“Justice has been delivered. This was the only route to justice. The court has differentiated between legitimacy, illegitimacy and paternity,” he said.

He filed the petition in 2007 stating that he was Tiwari’s biological son and should get the right to use his father’s name.

Tiwari earlier contended that he could not be compelled by the court to undergo a paternity test.

He said that the paternity suit was filed by Shekhar 31 years after he was born with the objective to malign him.

Earlier this year, Tiwari moved the Supreme Court against a high court order that dismissed his plea challenging the paternity suit filed by Shekhar.