N D Tiwari’s DNA report to be opened

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The Delhi High Court today rejected veteran Congress leader N D Tiwari’s plea to keep his DNA report secret and hold in-camera hearing of the paternity suit of a youth claiming to be his biological son.

 Justice Reva Khetrapal dismissed N D Tiwari’s application saying the Supreme Court’s May 24 order to maintain confidentiality was for the purpose of collection of blood sample for the DNA test and the transmission of the report to Delhi High Court but not for the purpose of trial.

 “You cannot misinterpret the Supreme Court order. It was for the purpose of collection of blood sample for DNA test..,” Justice Khetrapal said and fixed July 27 to open the DNA report.

 In his application, 87-year-old N D Tiwari had claimed that the apex court’s order had provided for keeping the DNA report confidential till conclusion of the trial of the paternity suit.

 “Direct all concerned to comply with the directions passed by the Supreme Court…and let the DNA report be completely sealed and kept confidential till conclusion of entire trial or alternatively, till reasonable appropriate stage in the suit,” Tiwari had said in his application.

 Tiwari had given blood sample for the DNA test on May 29 at his residence in Dehradun following a Supreme Court’s order in the case.

 Referring to one of the Supreme Court orders, Tiwari’s counsel Bahar-U-Burqi said it has been made clear that the DNA report will remain confidential till the conclusion of trial.

 The lawyer also said “plaintiff (Rohit) and his mother are leaving no stone unturned to get the report unsealed and make it public to attract undue media attraction without completion of the trial.”

1 COMMENT

  1. The case has dragged along far too long.Yet it is in a way a path breaker like the hon’ble juctice Vipin Singhvi;s decision to hold a DNA test for determining the paternity suit. There must be many more cases of the nature where imposters and frauds are misusing the judicial process and refusing to undergo a DNA test. It is felt that when paternity is an important issue or evwen a simple issue between the parties, a DNA test should be ordered at the very first instance without any delay after taking concurrence from both the parties. The party whether it is the Plaintiff or the Respondent who turns out to be wrong should be heavily fined and the innocent party compensated by this fine money. Any party refusing to undergo the DNA test too should be heavily fined and 100% negative inference imposed on the guilty motive of the imposter. This shall help a great deal where mischief mongers unnecessarily burden the already creaking judicial system. All scientific facilities should be used to establish the truth. The red herring of Privacy is a bogey. Isn’t thee motto on the National emblem : SATYAMEVJAYATE”. As per Latin Maxm :

    “FIAT JUSTITIA,RUAT CAELUM” – Let justice be done even if the very Heavens Fall”

    alexander

    ‘Amateur legal research]

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