A bench of acting Chief Justice A K Sikri and Justice
Rajiv Sahay Endlaw issued notice on the plea by Rohit Shekhar,
who claims to Tiwari's biological son, and sought his response
by January 19 next year.
In his appeal against the court's single-judge bench
order, Rohit said it had failed to deal with Tiwari's
"dismissive conduct" against the court's earlier order to give
his blood sample.
"The single judge failed to satisfactorily deal with
high-handed and dismissive conduct of Tiwari, a former chief
minister of Uttar Pradesh and Uttarakhand," said 31-year-old
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 to
get justice, Rohit had said in his petition against Tiwari, a
former governor of Andhra Pradesh.
Referring to the court's remark in its September 23 order
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 evidence.
"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.
Challenging the high court's order, Rohit had said "with
each passing day, the possibility of getting justice is fading
out on account of the apprehension of a very critical evidence
being lost forever".
In her order, Justice Gita Mittal had ruled, "Tiwari
cannot be physically compelled or confined for submitting his
blood sample for DNA profiling to implement its December 2010
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 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 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.
But, the apex court had on March 14 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 Thursday issued
notice to N D Tiwari on a plea by a city youth against its
earlier order that the veteran Congress leader cannot be
compelled to give his blood samples for DNA test to decide the
youth's paternity suit.
First Published: Thursday, December 01, 2011, 18:34