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New Delhi:
The Delhi High Court Wednesday directed its joint registrar to
take police assistance, if needed, to bring veteran Congress
leader N.D. Tiwari to court premises for collecting his blood
sample for a DNA test in a paternity suit.
The suit was filed by Rohit Shekhar, 32, claiming to be the
biological son of Tiwari, 86.
Justice Reva Khetrapal, while hearing Shekhar's plea, also refused
Tiwari's plea to stay the proceeding of the case as he had moved
the Supreme Court.
"This court is of the opinion that considering the age of the
defendant, it would be in the interest of justice if the division
bench order is implemented as expeditiously as possible," the
court said.
The court April 27 directed Tiwari to give his blood sample for a
DNA test.
The court directed its joint registrar to fix a date, within one
week of receipt of DNA sample kit, for Tiwari to give the sample.
The court made it clear that the joint registrar could use police
force in case Tiwari refused to abide by the court order.
"In case the defendant (Tiwari) is not available within the
jurisdiction of this court, the joint registrar can use police
force to bring the defendant in this court for the purpose of
collecting sample for the DNA test," the court said.
Shekhar said in his plea that due to Tiwari's age time was of
essence and irreparable loss would be caused to him if the samples
were not collected at the earliest.
There was an urgent need of blood sample for DNA test as there
were chances that Tiwari may depart from India in order to avoid
the court order, Shekhar said.
Acting Chief Justice A.K. Sikri earlier said that if Tiwari
continued to defy the court's order to give his blood sample for
DNA test, police force would be used against him.
Acting Chief Justice Sikri passed the order on Shekhar's plea
challenging the September 2011 order of Justice Gita Mittal which
said that Tiwari could not be physically compelled or confined for
submitting his blood sample for DNA test.
Tiwari June 1, 2011 refused to appear in the high court dispensary
to give his blood sample for DNA test to ascertain Shekhar's
claim, saying he cannot be forced to do so.
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