Thaindian News

New Delhi, March 14 (IANS) The Supreme Court Monday said that veteran Congress leader N. D. Tiwari, embroiled in a paternity suit, will have to undergo a DNA test but gave him the option of suggesting an alternative to collection of blood sample for the test.

The apex court bench of Justice Aftab Alam and Justice R.M. Lodha gave the option after senior counsel Ashok Desai, appearing for Tiwari, 85, suggested that the DNA test could be carried out on a hair sample, instead of a blood specimen.

Making its intention clear that it was not inclined to grant a blanket stay on the Delhi High Court order directing Tiwari to undergo the DNA test, the apex court said: “Why are you avoiding it? It may be in your interest to put an end to all this.”

The paternity suit in the Delhi High Court has been filed by Rohit Shekhar, 31, who claims to be Tiwari’s biological son.

The apex court was hearing Tiwari’s plea challenging the high court order directing him to undergo a DNA test following Shekhar’s suit.

The apex court said that the outcome of the DNA test will be kept in a sealed cover. It will not be made public if Tiwari succeeds in the suit filed by Shekhar.

While appreciating that there were questions of law and other issues that needed to be addressed by it, the apex court said: “We are not averse to deciding the issue. We can’t allow the suit to be frustrated. It can’t be complete without undertaking the DNA test.”

Tiwari’s counsel said he could not be compelled to undergo a DNA test. “It is an invasion of my privacy,” Desai said, adding that it was a “public humiliation asking a man to submit the samples (of his blood for DNA test)”.

The court said: “There are issues. Quite important (to be decided by the court). If something happens, there must be something to draw the conclusion. Adverse inference may not be sufficient.”

At another point, the court took note of a hypothetical situation where ‘A’ says that he is a biological son of a wealthy man. Could that man be asked to undergo paternity test, the court asked.

The matter will come up for hearing Friday. By then, Tiwari and Shekhar will inform the court about an alternative to giving blood sample for the DNA test.

After the Supreme Court told Tiwari to undergo the test, the high court later in the day directed him to appear April 4 before the high court’s joint registrar who would decide the procedural formalities before the test.

The Congress leader had appealed in the apex court that the high court’s Dec 23, 2010, order on Shekhar’s suit was based on misreading of the law.

Tiwari 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 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. The bench did not give him any relief.

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