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Tiwari must give blood sample for DNA test, rules court
Friday April 27, 2012 05:44:14 PM,
IANS
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New Delhi: Setting
aside a previous order, the Delhi High Court Friday said Congress
leader N.D. Tiwari must give his blood sample for a DNA test to
decide a paternity suit and can even be forced to do so if he
refuses.
A division bench of Acting Chief Justice A.K. Sikri and Justice
Rajiv Sahai Endlaw said Tiwari can be compelled to give his blood
sample to decide the paternity suit of 32-year-old Rohit Shekhar
who claims to be his biological son.
The bench said that if Tiwari continues to defy the court's order
to give his blood sample for DNA analysis, police force can be
used against him.
"Upon the respondent 1(N.D. Tiwari) continuing to defy the order,
the single judge shall be entitled to take police assistance and
use of reasonable force for compliance their of," the court said
while allowing Shekhar's appeal.
Shekhar had challenged the order of Justice Gita Mittal who in
September 2011 said that Tiwari cannot be physically compelled or
confined for submitting his blood sample for DNA analysis.
Appealing against the single judge's order, Shekhar contended that
the single judge "failed to satisfactorily deal with high-handed
and dismissive conduct of Tiwari", a former chief minister of
Uttar Pradesh and Uttarakhand and governor of Andhra Pradesh.
"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," Shekhar said in his petition.
Tiwari had on June 1 last year 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.
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