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Updated: September 28, 2011 01:38 IST

Contempt notice to N.D. Tiwari

Staff Reporter
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N.D. Tiwari
N.D. Tiwari

DNA profiling was sought by Rohit Shekhar who claims to be his biological son

The Delhi High Court on Tuesday issued a contempt notice to senior Congress leader N.D. Tiwari on a petition by Rohit Shekhar, who claims to be his biological son, for his prosecution for refusal to give his blood sample for DNA profiling.

Justice Gita Mittal, who had last week ruled that Mr. Tiwari cannot be forced to give his blood sample for DNA profiling, also asked the joint registrar of the Court to initiate proceedings for collection of blood samples of Rohit Shekhar, his mother Ujjwala Sharma and her former husband B.P. Sharma, for DNA tests to see if Mr. Shekhar is the son of the estranged couple.

Mr. Shekhar had filed the contempt petition against Mr. Tiwari when the latter persistently refused to appear at the High Court dispensary for giving his blood sample.

Justice Mittal directed the joint registrar to initiate the proceedings for the DNA tests of the three from October 20. Asking the joint registrar to fix a date for collection of blood samples of the three, she asked Mr. Tiwari to remain present at the dispensary on the day when they would give the samples so that he did not have any objection to the test reports.

The court also framed issues for determination of the paternity suit filed by Mr. Shekhar. It will now determine whether Mr. Shekhar is the biological son of Mr. Tiwari or whether he has filed the paternity suit to tarnish the image of the Congress leader and claim economic benefits from him.

In her earlier judgment allowing Mr. Tiwari's plea that he cannot be forced to give his blood sample, Justice Mittal said that she would not let the matter close without determining the parentage of Mr. Shekhar.

She had said that she would decide the matter on the basis of corroborative evidence.

Describing Mr. Tiwari's refusal as “wilful,” “mala fide,” “unreasonable” and “unjustified,” Justice Mittal had said: “The court would construe the weight to be attached to and the impact of this refusal by Mr. Tiwari while evaluating the evidence produced by the parties, which may be treated as corroborative evidence leading to the presumption that the result of the DNA profiling of Mr. Tiwari's blood sample would have supported the plaintiff's claim.”

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The events make me recall similar denials and refusals by the former US President Mr. Clinton, when his aide Ms. Monica made an allegation of sexual intimacy against him. After protracted denials of her allegations by Mr. Clinton, the attorney of Ms. Monica sought DNA analysis on the blue jeans of Monica, allegedly worn by her on the day of alleged affair. The same evening Mr. Clinton appeared before the Nation through TV, along with his family, and made an open confession about the affair. At that time, I appreciated his boldness and even sought to compare him with the famous Pandia King of Madurai who admitted his earlier erroneous judgement given to Kovalan and ended his life for the cause of Justice. But in our country, in spite of first hand reading and understanding of Tamil epic Silappathikaram, our politicians neither follow the Pandia King nor Mr. Clinton.

from:  Prof. N. Gunachandran
Posted on: Sep 28, 2011 at 07:56 IST
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