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Paternity suit back to haunt Tiwari

Dec. 28: N.D. Tiwari’s troubles are not over: after the sex scandal, he faces a revival of the paternity suit against him.

Rohit Shekhar, whose suit a Delhi High Court judge had dismissed on a technical ground last month, has moved an appeal before a division bench. Hearing starts on January 6 next year.

Rohit, a lawyer, told The Telegraph he was reasonably optimistic about “getting justice now”.

Tiwari, who quit as Andhra Pradesh governor last week on “health grounds” after a TV channel alleged a sex scandal in the Raj Bhavan, faces two drawbacks this time. He can no longer point to Article 361 of the Constitution, which shields governors and Presidents from court scrutiny in criminal cases.

Nor may he be able to challenge the high court’s jurisdiction on the ground that he is not a Delhi resident.

Tiwari owns a house in New Delhi — C1/9 Tilak Lane — allotted to him for life as a freedom fighter. He had arrived there from Hyderabad before leaving for Dehra Dun.

The court did not rule on either point, dismissing the suit on the ground of limitation — that is, delay in filing the case. Rohit, 30, had filed the case in April 2008 but Tiwari’s lawyers argued he should have done it within three years of turning 18.

Rohit said that in his appeal, filed in the first week of December, he had argued that denial of paternity was a “continuing cause of legal action” and so paternity suits could not be barred under the law of limitation.

Rohit and his father Bimal Prasad Sharma have voluntarily undergone a DNA test at a private clinic. The report establishes that Sharma is not Rohit’s biological father, Rohit says.

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