ND Tiwari can be compelled to undergo DNA test
Delhi HC says if he refuses to give his blood sample for DNA analysis, police can force him to do so
Setting aside a previous order, the Delhi High Court yesterday said Congress leader ND Tiwari must give his blood sample for a DNA test to decide a paternity suit and can even be forced to do so if he refuses. A division bench of Acting Chief Justice AK Sikri and Justice Rajiv Sahai Endlaw said Tiwari could be compelled to give his blood sample to decide the paternity suit of 32-year-old Rohit Shekhar, who claims to be his biological son. Shekhar had challenged the order of Justice Gita Mittal, who on September 2011 said that Tiwari couldn’t be physically compelled or confined for submitting his blood sample for DNA analysis.
Appealing against the single judge’s order, Shekhar contended that the single judge “failed to satisfactorily deal with high-handed and dismissive conduct of Tiwari”, a former CM of Uttar Pradesh and Uttarakhand and governor of Andhra Pradesh. “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 (the petitioner) to get justice,” Shekhar said in his petition.
Speaking to MiD DAY soon after the judgment, a visibly jubilant Shekhar said, “I was so frustrated that I was thinking of giving up the case. Now I feel relieved and happy.” He added, “This man has betrayed me and my mother. We have been living with the scar for over 30 years now. I’m not going to spare him so easily.” Tiwari had on June 1 last year refused to appear in the high court dispensary to give his blood sample for DNA test to ascertain Shekhar’s claim of being his biological son, saying he cannot be forced to do so.