Bench imposes a fine of Rs. 25,000 on the former Andhra Pradesh Governor
The Delhi High Court on Thursday dismissed an appeal by senior Congress leader N. D. Tiwari against a Single Bench order asking him to undergo a DNA test to decide the claim of a young man, Rohit Shekhar, that he is the veteran leader's biological son.
Upholding the Single Bench judgment, a Division Bench of the Court comprising Justice Vikramjit Sen and Justice Siddharth Mridul said: “Irreparable loss is bound to visit the plaintiff [Rohit Shekhar] if orders are not passed immediately inasmuch as the suit itself may be rendered infructuous and vital evidence may be lost forever.” The Bench also fined him Rs. 25,000.
The Single Bench last December had asked Mr. Tiwari — former Union Minister, former Andhra Pradesh Governor and ex-Chief Minister of Uttarakhand — to undergo the DNA test based on Shekhar's plea for an opportunity to prove his claim.
“The Court is of the opinion that there is imminent need to give blood samples [by Mr. Tiwari] to verify the paternity of a young man claiming to be his son keeping in mind his wider interest of not being declared a bastard,” the Single Bench of Justice Rajiv Sahai Endlaw had said in his order.
Earlier, a Single Bench of Justice S.N. Dhingra had dismissed Mr. Shekhar's suit saying that it was time-barred and that the Court did not have the jurisdiction to hear it. Thereafter Mr. Shekhar had filed an appeal against the judgment. A Division Bench later allowed his appeal and quashed Justice Dhingra's order. The plea came up before Justice Endlaw afresh for deciding the matter on merit. He asked Mr. Tiwari on December 23 to undergo a DNA test.
Mr. Tiwari challenged the judgment submitting that he could not be forced to undergo the test and that there was no requirement for it as a valid and legal marriage subsisted between Mr. Shekhar's mother Ujjawala Sharma and Bimal Prasad Sharma.