New Delhi : The Delhi High Court Thursday issued notice to N.D. Tiwari on a plea by a 32-year-old man, who claims to be his biological son, against its earlier order that the Congress leader cannot be compelled to give his blood samples for DNA test to decide the paternity suit.
Taking note of the plea filed by Rohit Shekhar, a bench of acting Chief Justice A.K. Sikri and Justice Rajiv Sahai Endlaw issued notice to Tiwari seeking his reply by Jan 19, 2012.
Shekhar came in appeal before the division bench against the single judge order, saying: “The single judge failed to satisfactorily deal with high-handed and dismissive conduct of Tiwari, a former chief minister of Uttar Pradesh and Uttarakhand.”
“The bench had failed to consider if 85-year-old Tiwari is not compelled to submit his blood sample in compliance with the court’s earlier order, it would be difficult for him (the petitioner) to get justice,” states Shekhar’s petition filed against Tiwari, a former governor of Andhra Pradesh.
“Referring to the court’s remark in its Sep 23 order that Tiwari’s failure in giving his blood sample for DNA test may lead to an adverse inference against him, while deciding the paternity suit,” it said, adding that such an inference is not same as conclusive evidence.
“The court also failed to appreciate that an adverse inference can never have the same effect as a conclusive scientific determination of paternity,” Shekhar submitted, adding: “With each passing day, the possibility of getting justice is fading out on account of the apprehension of a very critical evidence being lost forever.”
In her order, Justice Gita Mittal had ruled: “Tiwari cannot be physically compelled or confined for submitting his blood sample for DNA profiling to implement its December 2010 judgement.”
She had also said that his (Tiwari’s) persistent refusal can lead to the presumption that he is Shekhar’s father.
The court’s order had come on Tiwari’s plea challenging the December 23, 2010, order of the high court which had asked him to give his blood sample for DNA test.
Tiwari had on June 1 refused to appear in the high court dispensary to give his blood sample for DNA test to ascertain Shekhar’s claim of being his biological son, saying he cannot be forced to do so.
Refuting Shekhar’s claim, Tiwari had challenged the high court’s single judge order before its division bench which too had rejected his appeal, following which he had gone in for an appeal in the apex court Feb 28.
But, the apex court had on March 14 refused to stay the high court’s order for his DNA test.