The South Asian Times

21 April 2018 13:08 PM

Apex Court Orders Tiwari To Submit Blood Sample

New Delhi : In a setback to veteran Congress leader N.D. Tiwari, the Supreme Court Thursday directed him to submit his blood sample for DNA profiling in a paternity suit filed by a young man, Rohit Shekhar, who claims to be his biological son.

A bench of Justice Deepak Verma and Justice S.J. Mukhopadhyay directed Tiwari to submit his blood sample on May 29 after it declined to accept his challenge to the Delhi High Court order directing him to give his blood sample.

Directing Tiwari to co-operate and give his blood samples, Justice Verma told senior counsel Gopal Subramanium appearing for Tiwari: "We want to make it very clear that we are not with you."

The court told Tiwari that "instead of litigating so much, why can't you go and give blood samples".

Making it clear that it was not going back on its earlier order, Justice Mukhopadhyay told Subramanium that "your prayer for stay of (earlier) high court order was rejected".

"Are you looking for a conflicting order. In one case, there is no stay and in another, there is a stay."

The court also observed that irrespective of their stature, all are equal before the law and none could expect a preferential treatment.

The apex court said the surgeon of the Dehradun Civil Hospital along with district judge and a pathologist would visit Tiwari to collect his blood sample.

The court said the team would also be accompanied by a joint registrar of the Delhi High Court and Rohit Shekhar or any of his representatives.

The court also directed that the entire process would be carried out in strict confidentiality and the blood sample kept in sealed cover would be sent to a designated lab for DNA profiling.

Subramanium sought to raise the legal points, contending that the high court order will have a far-reaching consequences as it would obliterate the divide between civil and criminal law.

At this Justice Verma said: "Sorry, we are not with you. The question is why you will not comply with the orders of the court."

"Can you flout that order. If you flout (then) that order can be enforced," the court said.

In an attempt to invoke some sympathy when Subramanium referred to the advanced age of Tiwari, the court retorted sharply.

"Does it mean that blood is not flowing in his body," the court said, making it clear that it would not be bogged down by such pleas.

As Subramanium pressed on the confidentiality of everything, the court observed that in this case, he should have gone for in-camera proceedings instead of an open court hearing.

 

Update: 25 May, 2012

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