HC rejects N D Tiwari's plea against fine

An order had asked Tiwari to undergo DNA test to ascertain claim of Rohit Shekhar

PTI | February 25, 2011



The Delhi high court on Friday dismissed the plea of veteran Congress leader N D Tiwari seeking waiver of cost of Rs 75,000 imposed on him during the hearing of a petition of a 31-year-old man claiming to be his biological son.

"The review petition is dismissed," a division bench of justices Vikrmajit Sen and Mukta Gupta said.

The 85-year-old leader had sought review of an earlier order of the bench which had upheld the ruling of a single judge, imposing a cost of Rs 75,000 on him.

The order of the single judge had asked Tiwari to undergo a DNA test to ascertain the claim of Rohit Shekhar that he was his biological son and imposed the fine on him for seeking deletion of certain contents from Shekhar's petition.

The order regarding the imposition of cost on Tiwari was later upheld by the division bench which was again approached by the Congress leader. The plea has now been again rejected.

Meanwhile, Rohit has filed an application before a single judge bench seeking modification of the earlier order saying the centre for Cellular and Molecular Biology at Hyderabad, which was authorised to conduct the DNA test, was no more conducting such test.

"By way of the present application, the plaintiff (Rohit Shekhar) seeks modification of the said order to the limited extent that the designated institution for this purpose may be changed to the Centre for DNA, Fingerprinting and Diagnostics (CDFD), Hyderabad," the application said.

The hearing on Rohit's plea will be taken up on March one as justice Gita Mittal did not hold the court today.

Earlier, the bench had dismissed Tiwari's appeal against the single judge order asking him to undergo DNA test on a plea made by Rohit claiming to be his biological son.

"Irreparable loss is bound to visit the plaintiff (Rohit Shekhar) if the orders under the application are not immediately passed in as much as the suit itself may be rendered infructuous and vital evidence may be lost forever," the bench had said.

Rohit has claimed that he was born out of the leader's alleged relationship with his mother Ujjawala Sharma.

Tiwari, a former chief minister of Uttar Pradesh and Uttarakhand, who had also held key ministerial portfolios at the centre, was forced to resign as Andhra Pradesh governor in 2009 amid allegations of sexual misconduct against him following the airing of a sting operation in news channels purportedly with some women.

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