"The local commissioner is hereby directed to conduct, preferably, the hearing on a day-to-day basis," Justice Manmohan said. The direction came after the counsel for the 88-year-old Congress leader refused to settle the lawsuit out of the court through mediation, saying there was a possibility that the medical evidence was not hundred percent accurate.
"Let this matter go to the mediation centre for settling it as the medical evidence in the form of DNA report clearly suggests that the respondent (Tiwari) is the father of the petitioner (Rohit Shekhar)," Justice Manmohan observed during the hearing.
Bahar-u-Barqi, counsel for Tiwari, did not accept the court's suggestion and submitted that his client would like to contest the suit as the scientific proof cannot be held to be conclusive. "It is almost conclusive and it seems that he does not want to do it (mediation process)," the court said and asked Vimala Maken, a retired additional district judge who had been appointed as the local commissioner in the case, to proceed on day-to-day basis with the recording of evidence in the matter.
The local commissioner would initiate the proceedings from Jan 21, the court said.
The court, meanwhile, also directed Tiwari to submit within four weeks a demand draft of Rs 46,000 which was imposed on him as cost during an earlier proceeding. The High Court on Jul 27 last year had read out the DNA report in the case as per which Tiwari was shown as Shekhar's biological father.