Third HC judge recuses himself from N D Tiwari paternity suit

Another Delhi High Court judge today recused himself from hearing two appeals of Congress leader N D Tiwari, challenging a previous order rejecting his plea for cross examination outside court premises in a paternity suit.

A bench of Justices Bhat and Suresh Kait was to hear the two separate appeals filed by 89-year-old Tiwari against the orders of single judge bench in the paternity suit filed by a youth seeking to declare him as his biological father.

"I have heard this matter on the original side. List it before appropriate bench on February 12," Justice S Ravindra Bhat said.

Earlier, Justice Gita Mittal had also recused herself from hearing Tiwari's pleas citing similar reasons. Before that, Justice B D Ahmed had also recused himself from hearing the matter.

The single judge bench, on September 18, 2013, had rejected Tiwari's plea to hold his cross-examination outside the High Court premises either at Nehru Bal Bhawan or UP Sadan or Jawahar Lal Nehru National Youth Centre.

It had directed the leader to appear before the local commissioner, appointed by the High Court, for recording of evidence in the paternity suit.

Tiwari did not appear and instead moved an application seeking postponement of cross-examination for eight weeks. The court rejected this plea also.

Aggrieved by these orders, Tiwari moved the division bench for quashing of the orders.

"No prejudice is going to be caused if appellant (Tiwari) is allowed to be crossed-examined at UP Sadan/UP Bhawan or Uttarakhand Bhawan or at Rouse Avenue, New Delhi or at Lucknow due to his age ailments," one of the applications said.

Tiwari further said he cannot take up cross examination for longer time as he feels tired.

Earlier, the court had given him a last opportunity to file his affidavit within a week.