The Delhi High Court on Thursday issued notice to ND Tiwari on a plea by Rohit Shekhar, who claims to be Tiwari's biological son, against its earlier order that the veteran Congress leader cannot be compelled to give his blood sample for DNA test to decide the youth's paternity suit.
A bench of acting Chief Justice AK Sikri and Justice Rajiv Sahay Endlaw issued the notice 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, former chief minister of Uttar Pradesh and Uttarakhand," said 31-year-old Rohit.
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 the 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 rued. 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 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 the December 2010 judgement." At the same time, she had also said that his persistent refusal can lead to the presumption that he is Rohit's father.
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 a 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 this, the high court subsequently asked him to appear at a dispensary in the high court premises to give his blood sample, following which, Tiwari had started another round of litigation, contending that he cannot be physically forced to give his blood sample.