The 86-year-old politician was told to give the blood sample for conducting a DNA test in a suit filed by 31-year-old Rohit Shekhar claiming to be his biological son. The contempt notice was issued on an application of Shekhar seeking prosecution of the leader for his failure to deposit a cost of Rs.75,000 imposed on him Dec 23 last year.
Justice Gita Mittal rapped Tiwari's counsel over the submission that the politician was of the opinion that due to his age and 70 years of service to the nation he would not offer his blood sample as it may affect his dignity.
“What is the connection between the service to the nation and giving his blood sample," Justice Mittal asked Tiwari's counsel. The court said that Tiwari should give his blood sample and allow the truth to be out, so that the plaintiff could be turned out of the court if the politician was correct.
Before passing the order, the court studied its earlier directions and observations of the Supreme Court which told Tiwari to give his blood sample for the DNA test.
“Let your client (Tiwari) file an affidavit that he would voluntarily not give his blood sample for the DNA test and his decision to defy (court orders) is his own and not that of his lawyers,” said the court.
Asking Tiwari to file a "personal affidavit" by July 14 that he was defying orders for giving a blood sample "voluntarily", the court said it would not allow him to take a ground at a later stage that his response was based on "legal advice".
Tiwari, who has been a chief minister, union minister and governor, has been defying court orders contending "nobody can be subjected to pressure to give evidence in this manner".
The judge, getting annoyed over the arguments of Tiwari's counsel, said that she will call Tiwari in court. “I will call your client and will record his statement that he will not give his blood sample for DNA test,” said the court.
The court rejected Tiwari's submission that his client was unable to pay the cost of Rs.75,000 imposed on him by the court as he was a freedom fighter and survived on his pension. He said the payment which had got delayed would be made with in two weeks.
Tiwari's five-decade political career virtually ended in 2009 after a news channel showed explicit clippings of an elderly man purported to be Tiwari with three young women in bed. A few days later, Tiwari resigned as the Andhra Pradesh governor on health grounds.