The October 15 edition of The Telegraph that reported the case first

New Delhi, Nov. 25: Delhi High Court today asked N.D. Tiwari to appear before it in a paternity suit, making him possibly the first serving governor to be called to court for personal appearance.

Tiwari is “not above the law”, Justice Reva Khetrapal said, asking the Andhra Pradesh governor to come to her chamber on December 16 in connection with the case.

In-chamber hearings are closed to the media and the public, and courts often resort to them to work out a compromise in personal or family matters.

The suit was filed in April by Rohit Shekhar, 29, a lawyer and grandson of former Union minister Sher Singh, who claims he was born out of a relationship between his mother Ujjwala Singh and Tiwari. He has sought no financial benefits but wants Tiwari to accept him as his son or take a DNA test.

Congress veteran Tiwari, 85, has denied he is Rohit’s father and refused a DNA test. The four-time chief minister, in his reply to the court notice, however, had described Ujjwala as an “unchaste woman” and added he had been her “paramour” at a time she was married.

When Tiwari’s counsel S. Sanyal objected to the court order, the judge said the case was a “family matter” and added: “He is not above the law. I would like to meet all the parties in chamber.”

Experts said a governor enjoyed immunity for acts done in official (but not personal) capacity; and against criminal but not civil proceedings.

Sanyal said the petition should be dismissed since it was filed after the eight-year “limitation period” (within which a charge has to be laid). Rohit says he learnt Tiwari was his father in 1992.

Rohit’s counsel Y.P. Nanda furnished old photographs showing Rohit, Ujjwala and Tiwari.

“Her (Ujjwala’s) husband does not figure in any of the photographs,” the judge noted. “Why don’t we call him (Tiwari) and ask him to make a statement?”

Tiwari’s office offered no comment. One of his lawyers, R.S. Jandhyala, said he would advise the governor to challenge today’s order in the Supreme Court.