Nearly a fortnight after the Delhi high court asked veteran Congress leader ND Tiwari to give his blood sample for DNA test to decide a paternity suit, his self-proclaimed biological son Rohit Shekhar moved the court for forcibly taking his blood sample for the test.
In an application to single-judge bench of justice Reva Khetrapal, Shekhar sought a direction to former Andhra Pradesh governor Tiwari to comply with high court's December 23, 2010 and April 27, 2012 orders.
Alternatively, Shekhar pleaded to the court to appoint a commissioner to take Twari's blood samples with assistance from police force, as mandated by the court's April 27 order.
"Direct the non-applicant 1 (Tiwari) to furnish blood samples at the earliest convenience of this court. In the event that Tiwari fails to appear on the date fixed by the court, appoint a Commissioner to draw blood samples of Tiwari by force or otherwise," Shekhar said.
He also sought the court to direct the police to provide assistance to the Commissioner, to be appointed by the court.
On April 27, a bench of Acting Chief Justice AK Sikri and Rajiv Sahai Endlaw had said police force can be used to compel Tiwari to give blood sample for the DNA test in case he refuses to undergo the test on the paternity suit.
"Upon the respondent 1 (Tiwari) continuing to defy the December 23, 2010 order, the Single Judge shall be entitled to take police assistance and use of reasonable force for compliance thereof," the bench had said in its 31-page order.
The bench had passed the orders while hearing Shekhar's plea challenging the single judge's September 23 last year order which had stated that Tiwari cannot be compelled but an adverse inference can be draw from his repeated refusal to give blood samples.