Why can't ND Tiwari give blood sample, asks HC

The Delhi High Court on Thursday sought an explanation from veteran Congress leader N D Tiwari as to why he was bent upon defying court's order to give his blood sample for a DNA test to decide the paternity suit of a 31-year-old man claiming to be his biological son.

"You (counsel for Tiwari) please take instructions from your client as to why he is not willing to comply with the court order asking him to give blood sample for the DNA test by next Monday," Justice Gita Mittal said.

Justice Mittal sought to know Tiwari's reason for not giving his blood sample for a DNA test, saying that he cannot be allowed to frustrate the court's order.

"We will not allow you to frustrate the order. Let's not allow the impression to gather momentum that you can flout the court orders in this manner," she said.

Justice Mittal was hearing two applications of Rohit Shekhar, seeking prosecution of the 85-year-old Congress leader for non-compliance of the high court order, duly endorsed by the Supreme Court, asking him to give his blood sample to ascertain Rohit's claim of being his biological son.

"The issue of conduct of DNA test can be decided later but first of all you provide the blood sample before the crucial evidence vanishes," the court said.

Rohit had on Wednesday moved the court for initiation of contempt proceedings against Tiwari after he steadfastly refused to give his blood sample for his DNA test.

Tiwari has been refusing to give his blood sample contending that "nobody can be pressurised to give evidence in this manner."

The octogenarian Congress leader, who held the post of undivided Uttar Pradesh chief minister twice and later of Uttarakhand, had allegedly been adopting evasive tactics to defy court's order.

Seeking initiation of contempt proceedings against Tiwari, who had to quit as Andhra Pradesh Governor in December 2009 in wake of an alleged sex scandal in the state's Raj Bhawan, Rohit had told the court that "despite clear and specific orders of the high court, directing the defendant (Tiwari) to furnish blood samples for the DNA test, he has refused to do so."

Tiwari was last asked by the high court to appear on June 1 in a dispensary at the court premises to give his blood sample for the DNA test, but he had refused to abide by the court order.

Rohit's application, seeking launch of contempt proceedings against him, said by non-appearance on June 1, Tiwari has wilfully disobeyed orders of the court. He further said "in the light of the advanced age of the contemnor (Tiwari), such delaying tactics and continuous blatant disregard of the orders of the courts may result in the entire suit becoming infructuous."

Earlier, Tiwari, who was to appear before the joint registrar, moved an application saying he cannot be forced to appear and give his blood sample to decide the case.

It said no courts had asked Tiwari to give his blood sample "compulsorily" to decide the paternity suit.