HC refers contempt plea against ND Tiwari to other bench

 The Delhi High Court on Monday referred to another bench the plea of a youth for launch of contempt proceedings against ND Tiwari for not depositing a fine of Rs25,000 and the expenses incurred by him on the leader's DNA test despite court orders.

"Let the matter be heard by concerned bench of Justice Rajiv Shakdher on November 7," Justice Reva Khetrapal said adding the particular court was authorised to hear such pleas.

The plea for launch of contempt proceedings was filed by Rohit Shekhar, 32, who claims to be biological son of 86-year-old veteran Congress leader.

"The defendant no.1/ contemnor (Tiwari) had not paid the costs amounting to Rs25,000 and the amount of Rs 21,000 paid on his (Tiwari) behalf for travel expenses of his authorised representative to the Centre for DNA Fingerprinting and Diagnostics (CDFD), Hyderabad on June 1, 2012," the plea said.

Rohit, in his plea, has also referred to an April 27 order of the high court which not only imposed a cost of Rs25,000 on Tiwari but also said that police assistance may be taken for procuring his blood sample to ascertain paternity claim.

Tiwari was to pay to Rohit also the cost incurred on the travel of his representative to the CDFD, Hyderabad to oversee the DNA test proceedings.

Rohit and his mother are involved in bitter legal battles with Tiwari as they have filed various pleas against each other after the youth first moved the high court in 2008 for getting declared the leader his biological father.

Justice Khetrapal had announced the result of the DNA test in an open court saying "...as per the report, Tiwari is the biological father of the plaintiff (Rohit) and the defendant no.2 (Ujjwala Sharma) is the biological mother."

Earlier Tiwari's several attempts to not to give the blood sample were thwarted by the high court and the Supreme Court.

The high court on April 27 this year had taken strong note of Tiwari's bids saying police force can be used to force him to give blood sample as non-implementation of judicial orders would make courts a "laughing stock."

Rohit, in 2008, had filed the paternity suit for getting Congress leader declared his biological father. The single judge and a division bench of the high court had asked Tiwari to undertake the DNA test.

The Supreme Court too had not stayed the order and had opined that Tiawri should abide by the court orders as vital evidence may be lost for forever considering his old age.