In an embarrassment to veteran Congress leader ND Tiwari, the Delhi high court on Friday rejected his plea not to open his DNA report before a single judge bench, adjudicating the paternity suit of a city youth, who claims to be his son.
The court allowed Justice Reva Khetrapal, who has decided to open Tiwari's DNA report along with those of paternity suit petitioner Rohit Shekhar and his mother Ujjwala Sharma at 2.30pm on Friday, to declare the DNA test result in open court, but asked her not to give its copies to any party to the case.
Dismissing Tiwari's appeal against Justice Khetrapal's July 19 decision, a division bench of acting chief justice AK Sikri and justice Rajiv Sahai Endlaw said, "Not opening the DNA report may lead to a lengthy process".
Concurring with the single judge's observation on Supreme Court's direction to maintain confidentiality on Tiwari's DNA profile, the bench said, "We are in agreement with the single judge that nowhere the Supreme Court in its order stated that the DNA profile shall be kept in a sealed cover till the conclusion of trial. This DNA report is a piece of evidence.."
"The purpose was to cut short the controversy and to avoid an unnecessarily prolonged trial. If the sample is not opened now, it may lead to unnecessary cross-examination of the witnesses. We do not find merit in the petition, so it is dismissed," the bench added.
Tiwari's counsel and senior advocate Mukul Gupta had sought quashing of the single judge's order or to provide protection till the Supreme Court clarifies its May 24 order on the issue of confidentiality.
The senior lawyer submitted to the bench that after the single judge dismissed their plea to conduct the trial in-camera and also to keep the DNA report confidential, they have filed an application before the apex court, which is yet to hear their plea.