Millennium Post

Paternity case: court allows use of force against Tiwari

The Delhi High Court Wednesday directed its joint registrar to take police assistance, if needed, to bring veteran Congress leader N D Tiwari to court premises for collecting his blood sample for a DNA test in a paternity suit.

The suit was filed by Rohit Shekhar, 32, claiming to be the biological son of Tiwari, 86.

Justice Reva Khetrapal, while hearing Shekhar's plea, also refused Tiwari's plea to stay the proceeding of the case as he had moved the Supreme Court.

'This court is of the opinion that considering the age of the defendant, it would be in the interest of justice if the division bench order is implemented as expeditiously as possible,' the court said.

The court on 27 April directed Tiwari to give his blood sample for a DNA test.

The court directed its joint registrar to fix a date, within one week of receipt of DNA sample kit, for Tiwari to give the sample.

The court made it clear that the joint registrar could use police force in case Tiwari refused to abide by the court order.

'In case the defendant (Tiwari) is not available within the jurisdiction of this court, the joint registrar can use police force to bring the defendant in this court for the purpose of collecting sample for the DNA test,' the court said.

Shekhar said in his plea that due to Tiwari's age time was of essence and irreparable loss would be caused to him if the samples were not collected at the earliest.

There was an urgent need of blood sample for DNA test as there were chances that Tiwari may depart from India in order to avoid the court order, Shekhar said.

Acting Chief Justice A K Sikri earlier said that if Tiwari continued to defy the court's order to give his blood sample for DNA test, police force would be used against him.

Acting Chief Justice Sikri passed the order on Shekhar's plea challenging the September 2011 order of Justice Gita Mittal which said that Tiwari could not be physically compelled or confined for submitting his blood sample for DNA test.

Tiwari on 1 June 2011 refused to appear in the high court dispensary to give his blood sample for DNA test to ascertain Shekhar's claim, saying he cannot be forced to do so.
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