The New Delhi high court ruled that ND Tiwari, a veteran leader in congress, will be required to give a DNA sample to prove the allegations of a young man claiming to be his son.
A ruling handed down last Friday, states that police force may be used on the 86 year old Tiwari if he continues to refuse to provide a blood sample for the DNA test. Justice Rajiv Sahai Endlaw and Acting Chief Justice AK Sikri have set aside a previous single judge’s order from 2011, which said that Tiwari could not be compelled to give a blood sample.
The high court allowed the plea of 32 year old Rohit Shekhar and stated that “Adverse inference cannot be a substitute to the enforceability of a court direction for a DNA test.”
They also ruled that the right of the appellant (Shekar) to prove his paternity by DNA testing cannot be taken away.
As Tiwari continues to defy the order, the high court has authorized reasonable force and police assistance to compel Tiwari for a blood sample.
Before the court made its ruling, Shekar stated that without an order from the court to compel Tiwari for a DNA test, it would be very difficult for Shekar to prove himself as the biological son of former governor and congress veteran, Tiwari.
After Tiwari’s 2011 refusal to appear in a high court dispensary to give his blood sample, he has publicly stated that he cannot be forced to give a DNA sample to prove Shekar’s claim of being his biological son.
Denying Shekar’s paternity claim, Tiwari has also challenged the high court’s single judge order before the division bench. They have also rejected his appeal.
In March of 2011, the apex court also refused to stay the high court’s order for his DNA test.
After both the high court and the apex court order have mandated Tiwari to appear at a dispensary to give a blood sample, he has started another round of litigation stating that he cannot be forced to provide a blood sample to refute the paternity claims of Shekar.