The Delhi High Court on Thursday issued a notice to ND Tiwari on a plea filed by a man against its earlier order that the veteran Congress leader cannot be compelled to give his blood samples for DNA testing to decide the youth’s paternity suit.
A bench comprising of acting Chief Justice A K Sikri and Justice Rajiv Sahay Endlaw issued a notice on the plea filed by Rohit Shekhar, who claims to be Tiwari’s biological son, and sought his response by January 19 next year.
In his appeal against the court’s order, Rohit said it had failed to deal with Tiwari’s “dismissive conduct” against the court’s earlier order to provide his blood sample. “The single judge failed to satisfactorily deal with the high-handed and dismissive conduct of Tiwari, a former chief minister of Uttar Pradesh and Uttarakhand,” said 31-year-old Rohit.
The bench had failed to consider that if 85-year-old Tiwari was not compelled to submit his blood sample in compliance with the court’s earlier order, it would be difficult for him to get justice, Rohit had said in his petition against Tiwari, a former governor of Andhra Pradesh.
Referring to the court’s remark in its September 23 order that Tiwari’s failure to provide a blood sample for DNA testing may lead to an adverse inference against him, while deciding the paternity suit, Rohit said 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,” he submitted. Challenging the high court’s order, Rohit had said “with each passing day, the possibility of getting justice is fading on account of the apprehension of a very critical (piece of) 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.” At the same time, she had also said that his (Tiwari’s) persistent refusal can lead to the presumption that he is Rohit’s father.
The court’s order came in response to a plea filed by Tiwari challenging the December 23, 2010, high court order which had asked him to provide a blood sample for DNA testing. Tiwari had on June 1 refused to appear in the high court dispensary to give his blood sample, which would ascertain whether Rohit was his biological son, saying he cannot be forced to do so.
Tiwari had challenged the HC’s single judge order before its division bench which too had rejected his appeal. He then moved an appeal in the apex court but it also refused to stay the high court’s order for his DNA test. After this, Tiwari moved court contending that he cannot be physically forced to give a blood sample.
