Order reserved on Tiwari`s plea on blood sample
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Last Updated: Tuesday, August 02, 2011, 21:03
  
New Delhi: The Delhi High Court on Tuesday reserved its order on veteran Congress leader ND Tiwari's plea contending he cannot be compelled to give his blood sample for DNA test on a paternity suit by a Delhi youth claiming to be his biological son.

Justice Gita Mittal reserved the order after hearing arguments by the counsel for Tiwari and that for 31-year-old youth Rohit Shekhar who claims to be his biological son.

Appearing for Tiwari, advocate Bahar U Barqi cited several Supreme Court judgements and said "I cannot be compelled to give the blood sample or undergo any other test like narco analysis."

The lawyer also submitted his client cannot be pressurised to give even his nail, hair and skin for DNA test.

Appearing for Rohit, senior advocate Paramjit Singh Patwalia argued 85-year-old Tiwari should comply with the direction given by the single judge bench and duly upheld by the court's division bench and by the Supreme Court.

"This application is a gross misuse of process of law. He (Tiwari) has scant regard for the court's order. The application is liable to be dismissed," the senior lawyer said.

Meanwhile, the Delhi High Court also pulled up Tiwari for refusing either to admit or deny, through an affidavit, the authenticity of more than 100 of his photographs along with Rohit and his mother Ujjwala Sharma, submitted to the court.

Tiwari refused to admit or deny the authenticity of the photographs saying he is a public figure, gets photographed without prior notice and he cannot recall about the photographs.

At this, the court said it would consider that Tiwari has admitted the authenticity of all the photographs. The court fixed August 16 to hear the main paternity suit.

Tiwari had filed his application opposing the court's Joint Registrar's order asking him to appear in the high court's dispensary on June 1 to give his blood sample for DNA test.

On a paternity suit by Rohit, a single-judge bench of the Delhi High Court had on December 23 last year asked Tiwari to undergo the DNA test for ascertaining the veracity of his claim that he is Tiwari's biological son.

Refuting Rohit's claim, Tiwari had challenged the high court's single-judge bench order before its division bench which too had rejected his appeal, following which he had gone in for an appeal to the apex court on February 28.

The apex court too had on March 14 refused to stay the high court's order for his DNA test, giving him, however, one significant relief that the result of the test will not be made public unless it is required.

PTI


First Published: Tuesday, August 02, 2011, 21:03


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