Andhra Pradesh Governor N D Tiwari on Friday approached the Delhi High Court against its order directing him to appear before a Bench in a paternity suit filed by a man claiming to be his natural son.
The Governor challenged a single Bench order passed on November 25 directing him to appear before the court on December 16.
Tiwari submitted before a Division Bench that he was exempted under Section 133 of Civil Procedure Code from his personal appearance.
“Grave prejudice and inconvenience shall be caused to the appellant (Tiwari) and his office in case, the effect and operation of the impugned order is not stayed,” advocate R S Bakshi, appearing for Tiwari said.
The Bench headed by Justice A K Sikri, however, refused to pass any interim order and posted the matter for further hearing on December 15.
The court had on November 25 refused to exempt Tiwari from personal appearance, saying that it was a family matter but he is ‘not above the law’.
The Court’s order had come on a suit filed by Rohit Shekhar, grandson of former Union Minister Sher Singh, claiming that he was born out of a relationship between Tiwari and his mother Ujjwala Singh, who is also associated with Congress party. The 85-year-old Governor has rubbished the claim.
The former Chief Minister of Uttar Pradesh and Uttrakhand has refused to undergo DNA test when petitioner’s counsel had contended that the test would prove everything.
“Why should I be forced to undergo the test? There is no legal provision under which I can be forced to undergo DNA test”, Tiwari’s counsel had argued on his behalf.
The court admitted 29-year-old Rohit’s petition in April and sought a response from Tiwari.