A bench of acting Chief Justice AK Sikri and Justice
Rajiv Sahai Endlaw reserved the verdict on plea by Rohit
Shekhar, who claims himself to be Tiwari's biological son and
had challenged the high court's single-judge order of
September 23, 2011 before its division bench.
In his appeal, Rohit had said the court had failed to deal
with Tiwari's "dismissive conduct" against its previous order
to give his blood sample to decide his paternity suit.
"The single judge failed to satisfactorily deal with the
high-handed and dismissive conduct of Tiwari, a former chief
minister of Uttar Pradesh and Uttarakhand," said 31-year-old
The court had failed to consider if 86-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 to
get justice, Rohit said in his petition against Tiwari, also a
former governor of Andhra Pradesh.
Referring to the court's remark that Tiwari's failure in
giving his blood sample for DNA test may lead to an adverse
inference against him, while deciding the paternity suit,
Rohit said that such an inference is not same as conclusive
"The court also failed to appreciate that an adverse
inference can never have the same effect as a conclusive
scientific determination of paternity," he submitted.
Justice Gita Mittal had on September 23 last year ruled,
"Tiwari cannot be physically compelled or confined for
submitting his blood sample for DNA profiling to implement its
December 2010 judgement."
At the same time, she had also said that his (Tiwari's)
persistent refusal can lead to the presumption that he is
The court's September order had come on Tiwari's plea
challenging the December 23, 2010, order of the high court
which had asked him to give his blood sample for DNA test.
Tiwari had on June 1, 2011 refused to appear in the high
court dispensary to give his blood sample for DNA test to
ascertain Rohit's claim of being his biological son, saying he
cannot be forced to do so.
Refuting Rohit's claim, Tiwari had challenged the high
court's single judge order before its division bench which too
had rejected his appeal, following which he had gone in for an
appeal in the apex court on February 28 last year.
But, the apex court had on March 14, 2011 refused to stay
the high court's order for his DNA test.
After the apex court refused to stay the high court's
order and the high court subsequently asked him to appear
before a doctor at a dispensary in high court premises to give
his blood sample, Tiwari had started another round of
litigation, contending that he cannot be physically forced to
give his blood sample.
New Delhi: The Delhi High Court on Wednesday
reserved its order on a city youth's plea, challenging its
earlier order that veteran Congress leader ND Tiwari cannot
be compelled to give his blood samples for his DNA test to
decide the youth's paternity suit.
First Published: Wednesday, February 29, 2012, 19:34