Thaindian News

New Delhi, March 18 (IANS) Rejecting veteran Congress leader Narayan Dutt Tiwari’s appeal against a high court order, the Supreme Court Friday asked the octogenarian to submit his blood samples for DNA profiling to decide a paternity suit by a man who claims to be his biological son.

Tiwari was confronted with the fait accompli after apex court bench of Justice Aftab Alam and Justice R.M. Lodha rejected the leader’s appeal challenging a Delhi High Court order directing him to submit his blood samples for DNA test to decide a paternity suit by Rohit Shekhar.

However, the court issued notice on the question of law. The court said that the issue involves wider ramifications. “The issue has wider ramifications. We can’t cut short a controversy like that.”

The court said “not acceptable” to the five proposals submitted by Tiwari as alternate to the DNA profiling through blood samples. The court said: “What we have said in the earlier hearing stands.”

The court’s rejection of Tiwari’s plea seeking a stay of the high court direction came after senior counsel P.S. Patwalia appearing for Rohit Shekhar told the court that DNA profiling was not possible through testing hair.

Patwalia told the court that this was ascertained from the agency which has been referred to by the high court to carry out the DNA test.

The apex court had March 14 said the 85-year-old leader will have to undergo a DNA test but gave him the option of suggesting an alternative to collection of blood samples for the test.

Tiwari had appealed that the high court’s Dec 23, 2010 order on Rohit Shekhar’s suit was based on misreading of the law.

Tiwari in his appeal had said that if the high court order was not stayed, it would violate his right to privacy and damage his reputation.

The high court bench in its verdict had said: “On the facts of this case and the materials on record, the court is satisfied that there is eminent need to direct the first defendant (Tiwari) to furnish his blood samples, for the purposes of DNA testing.”

On Jan 24, 2011, Tiwari approached a two-judge bench of the high court challenging the single judge’s order. However, the two-judge bench did not give any relief to him.

The apex court May 10, 2010 rejected Tiwari’s plea challenging the high court’s decision to hear Shekhar’s suit.

Tiwari, who had held the posts of chief minister of undivided Uttar Pradesh and later Uttarakhand, had opposed the paternity suit.

Tiwari, who last year resigned as Andhra Pradesh governor in the wake of allegations of sexual misconduct, countered the claims and said he never had any physical relationship with Shekhar’s mother Ujjwala, who is also a Congress activist. Shekhar, he said, was not entitled to seek a DNA test as a matter of right.