SC refuses to stay HC order for Tiwari's DNA test
The Supreme Court on Monday made it clear to veteran Congress leader and former Uttaranchal Chief Minister ND Tiwari that he would have to undergo a DNA test in a paternity suit.delhi Updated: Mar 14, 2011 19:05 IST
The Supreme Court on Monday made it clear to veteran Congress leader and former Uttaranchal Chief Minister ND Tiwari that he would have to undergo a DNA test in a paternity suit.
A bench of Justice Aftab Alam and justice RM Lodha, however, assured Tiwari that the result of the test would not be declared unless the court requires it to adjudicate the paternity suit.
On the request of the 85-year-old leader the bench agreed to mull at the options to conduct the DNA test. As Tiwari is not keen to give his blood sample, his advocate senior counsel Ashok Desai suggested if his client could provide a strand of his hair or saliva as the sample.
Refusing to grant any stay on the Delhi high court order directing him to undergo the test, the bench asked his counsel why “was he avoiding it.” “May be it is in your interest so that you can put an end to all this,” the bench said.
Desai’s contention that the test would be a public humiliation to Tiwari did not impress the court. “Where is the invasion of privacy? You undergo the test and let the result be sealed,” the bench said. It told the counsel that no order would be passed to frustrate the paternity suit that is still pending before HC.
The results of the test would be declared only after the petitioner before HC is able to prove that there was “no access” between his legal mother and legal father. According to Desai’s arguments it wasn’t possible that the petitioner, Rohit Shekhar’s mother did not have any “access” to his legal father. “The two live in the same building, although on different floors,” he told the court.
A single-judge bench of the Delhi High Court had on December 23 last asked Tiwari to undergo the DNA test on Shekhar’s paternity suit. Shekhar has claimed he is the biological son of the leader as he was born out of his alleged relationship with his mother Ujjawala Sharma.
The court had asked him to undergo the test saying the wider interest of a child that he should not be declared a “bastard” has to be kept in mind.
Tiwari was forced to resign as governor in the midst of allegations of sexual misconduct. He has contested the suit claiming he never had any physical relationship with Ujjawala, and that Shekhar was not his son.