The Delhi high court on Tuesday issued a contempt notice to Congress leader ND Tiwari for defying its order asking him to give his blood sample in a paternity suit filed by a 32 year old claiming to be his son.
Justice Gita Mittal, referring to her Sep 23 judgment in which she had termed Tiwari's refusal to give blood sample "wilful, malicious, unreasonable and unjustified", issued the notice, returnable for Feb 15.
The court asked Tiwari "why contempt proceedings should not be initiated against defendant (Tiwari) for his deliberate, wilful disobedience of the court's order".
Justice Mittal issued the notice four days after conceding that the 85-year-old leader cannot be physically compelled to give his blood sample for DNA test as per the court's order last year.
The court issued the contempt notice to Tiwari on a plea filed by Rohit Shekhar, who claims to be Tiwari's biological son born out of the veteran politician's relationship with Ujjwala Sharma.
The court in May asked the veteran leader to appear before it June 1 and give his blood sample for DNA test to ascertain Shekhar's claim.
After Tiwari failed to appear and give his blood sample, Shekhar in July moved the high court for initiation of contempt proceedings against the politician.
On July 21, Tiwari's personal affidavit was placed before Justice Mittal. It stated that he would not give his blood sample for the DNA test.
Going through the affidavit, the court asked Tiwari: "Don't you think that DNA test will vindicate completely your stand that you have not sired the plaintiff?"
"I have an unblemished public career which justifies me to contest against the plaintiff who is bent upon to tarish my public image by bringing false cause and even unwarranted contempt petition so as to get undue publicity in print as well as electronic media," said Tiwari's affidavit.
"In order to preserve, protect and defend my personal dignity attained by my long cherished service to the nation as well as society, I being a senior citizen too, I am not willing to give my blood sample for DNA testing. Hence, I may not be compelled to do so," the affidavit said.
On Tuesday, the court directed Shekhar, his mother Ujjwala Sharma and her former husband B.P. Sharma to appear before the joint registrar Oct 20 to give their blood samples for DNA test.
The court has also appointed a local commissioner to record evidence of Ujjwala Sharma and Tiwari.
"On Nov 28, the duo will record their evidence in presence of the local commissioner," the court said.