The Delhi High Court on Monday rejected Congress leader N.D. Tiwari’s plea for deferring his cross-examination in a paternity suit on medical grounds, saying he is “publicly active” and directed him to depose here tomorrow as scheduled.
Justice Vipin Sanghi, who rejected 88-year-old Mr. Tiwari’s application seeking postponement of his cross-examination for eight weeks, said, “it appears that the last opportunity granted to Tiwari was exploited and abused by him by moving this application for adjournment.”
The court also noted that the former chief minister is “pretty active at his age and there is no medical emergency”, and directed him to travel to Delhi and depose before the local commissioner tomorrow on the scheduled time, failing which “his right to lead evidence will be concluded.”
The court rejected Mr. Tiwari’s argument that he has been medically advised to avoid exertion and travel. “In case he does not turn up tomorrow his right to lead evidence will be concluded,” the Judge said.
The court accepted the argument of advocate Vedant Verma, appearing for 32-year-old Rohit Shekhar who claims to be the biological son of the Congress leader, that Mr. Tiwari has been actively attending public functions but is avoiding the court appearance.
Mr. Verma, referring to Mr. Tiwari’s medical certificate issued on September 24 as well as news reports of that day, argued that on that particular day the politician was found dancing with a young woman at a public function.
“It seems that Mr. Tiwari is publicly active. He even sat on a dharna,... He was not able to dispute the same and is in a position to travel to Delhi and depose before the local commissioner,” the court said.