| Font Size |
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.
Discuss this story on expressindia forums
|
|
It is nice to say "no body is above law". But Law courts in India, issue notices blind folded on receipt of a petition. There should be a system of screening before admission of plaint/petition; unless there is prima facie evidence, matters should not admitted. I mean a process of initial screening should be introduced.
This is the greatest problem faced by India. In the US even the President had to stand trial (remember the Monica scandal). In our country everyone in authority is exempt in one way or other. This must end. Why the Guv is afraid to face the Court? Let him set an example. There should be fast tract courts for trying those in Authority.
Who ever he/she might be everybody should be equal in front of law . Mr N.D Tiwari was made as governor because his loyalty to the FAMILY nothing else why he should be exempted from appearing in the Delhi High Court as a citizen of India he has to appear and clear his name legally.