A bench of Justices D K Jain and P S Thakur stayed the direction of the Chief Judicial Magistrate, Ghaziabad, for a DNA test on Dr Pradeep Gupta, owner of a prominent nursing home and his son to establish the paternity claim of a victim.
The apex court stayed the DNA test on Dr Gupta’s petition in which he claimed that the nurse, already married twice, had falsely implicated him in a case of rape after becoming a surrogate mother.
According to the doctor, the DNA test would only cause stigma to the child born through the woman who was the surrogate mother for one Dilawar Singh.
He claimed that he had voluntarily donated his sperms to Dilawar Singh to enable him have a surrogate child through the nurse who was working in his hospital. But the nurse, he alleged, in connivance with certain anti-social elements had filed rape cases against him to blackmail and extract money.
The nurse filed a case against Gupta under Section 376D (rape in a hospital) and 313 (causing miscarriage) against him on August 20, 2007. The police filed a final report virtually exonerating the doctor of the charge.
However, SSP Ghaziabad ordered a DNA test after the nurse filed a complaint. Gupta then moved the Allahabad High Court seeking a stay on the DNA test, which dismissed his plea. He then appealed in the apex court. The apex court, after staying the DNA test, issued a notice to the UP government to file its response.