In his reply to a Delhi High Court notice, the veteran Congress leader and four-time chief minister has denied the allegation that he is Rohit's father and refused to undergo a DNA test.
This is probably the first of its kind involving a prominent political figure in the country. Tiwari has acknowledged his association with Rohit's mother Ujjwala Sharma, but challenged the petitioner on grounds of jurisdiction (of the court), "limitation" (Tiwari says Rohit should have filed the suit within three years of turning 18) and "cause of action" (Tiwari asks what grounds Rohit has to file the case now). He said he can't be coerced into taking a DNA test.
The circumstances
Rohit, a lawyer, has claimed that when he was 12-13, he came to know about his "natural" father and, since turning 18, has repeatedly sought and been denied his "status".
He has offered to undergo a DNA test and sought a court direction to Tiwari to take a similar test, insisting that the "causing of action (his demand to be recognised as Tiwari's son) is continuing till date, hence the suit".
Rohit's grandfather Sher Singh, who was minister of state for defence in Indira Gandhi's government, has written to Prime Minister Manmohan Singh, Sonia Gandhi and the entire Congress Working Committee accusing Tiwari of "avoiding responsibility towards his son".
Tiwari was Indian Youth Congress president when he came in touch with Sher Singh in 1967. The following year, Ujjwala was appointed joint secretary in the women's wing of the Youth Congress, then headed by Nandini Sathpathy.
"Tiwari, in his reply, has described Rohit's mother as an "unchaste woman". Why unchaste?
Tiwari's reply: "She as an unchaste woman had defendant 1 (Tiwari) as her paramour ..."
Seems Tiwari is admitting that he was her paramour.
"According to Tiwari, ..... the legal presumption is that a child born to a married woman is the legitimate child of the husband." Tiwari defended in the negative instead of declaring he had no physical contact and leave to the petitioner to prove. There appears a doubt that Tiwari had sex with her. Otherwise why the general presumtions about fatherhood? There is no declaration reported that Tiwari did not have sex with her.
Others are purely technical issues like jurisdiction, time elapsed etc. that don't have bearing on the main facts. Ultimately Tiwari escaped because of legalities and Rohit and mother had no legal case to pressurise him to admit he is the biological father. In any case, it would not benefit the mother and son. B.P. Sharma would still be the legal father. They unnecessarily tried to defame Tiwari but exposed themselves to shame. Tiwari is "not proven guilty" instead of "proven not guilty". Still he is the winner.