ND Tiwari gets no relief from apex court
25 May 2012 6:58 AM GMT
Congress leader ND Tiwari failed to get any relief from the Supreme Court against the order of the Delhi High Court on Thursday, in the matter of giving his blood sample for DNA test in the paternity suit of Rohit Shekhar. Shekhar has claimed that he is Tiwari's biological son.
The apex court directed Tiwari to give his blood sample, saying the court's order cannot be flouted due to the stature of the person. The apex court dismissed his appeal against the Delhi High Court order which had ordered him to undergo the DNA test saying that police force can be used to compel him to give the sample.
However, considering his old age, the court said he would not have to come Delhi for giving the sample and asked him to make himself available at his home in Dehradun itself. Tiwari has been directed to make himself available on 29 May at his home in Dehra Dun for the district judge and a local civil surgeon who will be accompanied by a pathologist.
The court said the team would be accompanied by a joint registrar of the Delhi High Court and Rohit Shekhar or any of his representatives when it goes for collecting the sample.
The court also directed that the entire process would be carried out in strict confidentiality and the blood sample in sealed cover would be sent to a designated lab for DNA profiling.
Tiwari's counsel Gopal Subramanium told a bench of Justices Deepak Verma and SJ Mukhopadhaya that Tiwari was too old to give his blood sample, which was rejected by the court.
The bench said that it does not mean that blood is not running in his body. The bench told Tiwari's counsel: 'If you are so clean you go and give your blood sample.' The bench asked that can the order of the court be flouted only because of the stature of a person? The apex court bench made it clear that Tiwari cannot escape from giving his blood sample.
The Delhi High Court, in its 27 April order, had ordered Tiwari to undergo the DNA test in the paternity suit and had also imposed a fine of Rs 25,000 on the veteran leader.
The paternity suit was filed by 32-year-old Rohit Shekhar in 2008 in Delhi High Court seeking its direction to declare the Congress leader as his biological father.
The Supreme Court earlier did not stay the order of the Delhi High Court and opined that Tiwari should abide by the court orders as vital evidence may be lost forever considering his old age.
The apex court directed Tiwari to give his blood sample, saying the court's order cannot be flouted due to the stature of the person. The apex court dismissed his appeal against the Delhi High Court order which had ordered him to undergo the DNA test saying that police force can be used to compel him to give the sample.
However, considering his old age, the court said he would not have to come Delhi for giving the sample and asked him to make himself available at his home in Dehradun itself. Tiwari has been directed to make himself available on 29 May at his home in Dehra Dun for the district judge and a local civil surgeon who will be accompanied by a pathologist.
The court said the team would be accompanied by a joint registrar of the Delhi High Court and Rohit Shekhar or any of his representatives when it goes for collecting the sample.
The court also directed that the entire process would be carried out in strict confidentiality and the blood sample in sealed cover would be sent to a designated lab for DNA profiling.
Tiwari's counsel Gopal Subramanium told a bench of Justices Deepak Verma and SJ Mukhopadhaya that Tiwari was too old to give his blood sample, which was rejected by the court.
The bench said that it does not mean that blood is not running in his body. The bench told Tiwari's counsel: 'If you are so clean you go and give your blood sample.' The bench asked that can the order of the court be flouted only because of the stature of a person? The apex court bench made it clear that Tiwari cannot escape from giving his blood sample.
The Delhi High Court, in its 27 April order, had ordered Tiwari to undergo the DNA test in the paternity suit and had also imposed a fine of Rs 25,000 on the veteran leader.
The paternity suit was filed by 32-year-old Rohit Shekhar in 2008 in Delhi High Court seeking its direction to declare the Congress leader as his biological father.
The Supreme Court earlier did not stay the order of the Delhi High Court and opined that Tiwari should abide by the court orders as vital evidence may be lost forever considering his old age.
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