Justice Sanghi had earlier directed that in case ND Tiwari does not turn up on Tuesday, his right to lead evidence will stand closed.
Tiwari had put up the plea for not appearing in front of the commissioner was that he was unwell at Lucknow and unable to travel to Delhi. However, it was held that Tiwari was "publicly active" and directed to depose as scheduled.
Besides this, Tiwari was alleged in 2009 to be involved in a sex scandal after the news channel ABN Andhra Jyothi aired a video that showed Tiwari in bed with three women at Raj Bhavan residence. Though Tiwari publicly apologized and had to step down, but he still called it "a political conspiracy".
Last month, Tiwari was seen dancing and tried to rope in a young female anchor at a programme at Lucknow organized to honour the martyrs, but she wisely touched Tiwari feet to wriggle out.