Tiwari moves court to keep his DNA test report confidentialJuly 26th, 2012 - 5:06 pm ICT by IANS
New Delhi, July 26 (IANS) Challenging the single-judge bench order, veteran Congress leader N.D. Tiwari Thursday moved the Delhi High Court to keep his DNA test report confidential till the conclusion of hearing in a paternity suit filed by a man claiming to be his biological son.
The single judge bench, while dismissing Tiwari’s plea in its order July 20, said the DNA report would be opened in court on July 27.
Rohit Shekhar, 32, in 2008 filed the suit claiming to be the biological son of Tiwari, 87.
Tiwari filed an appeal against the single-judge bench order, seeking the court to protect his right to reputation, and alleged that the single-judge bench has adopted a “shortcut” to decide the suit and it would cause grave injustice to him.
Seeking quashing of the single-judge bench order, he said: “The single-judge failed to appreciate that evolving a shortcut to decide the pending suit would result in grave injustice to the appellant and his fundamental right to avail the procedure established by law like any other citizen would be prejudiced and would result in irreparable damage.”
Referring to the Supreme Court’s May 24 order, he said the apex court made it clear that the DNA report will remain confidential till the conclusion of “reasonable, appropriate and proportionate trial”.
The plea citing the apex court order said: “The single judge failed to appreciate that in a civil dispute, where the undisputed position of the parties is that no criminality is involved, the appellant’s (Tiwari) right to reputation has to be protected.”
“Rohit Shekhar (man claiming to be biological son of Tiwari) and his mother are leaving no stone unturned to get the report unsealed and make it public to attract undue media attraction without completion of the trial,” it was further submitted.
Tiwari, in mid-July, filed an application before the single judge for keeping the DNA report confidential and also requested for in-camera proceedings in the suit, arguing that the Supreme Court had given such a direction on May 24.
The Hyderabad-based Centre for DNA Fingerprinting and Diagnostics recently submitted in the court the DNA reports of Tiwari, Rohit and his mother Ujjawala Sharma.
Tiwari had said: “Direct all concerned to comply with the directions passed by the Supreme Court, and let the DNA report completely sealed and confidential till conclusion of the entire trial or alternatively at reasonable appropriate stage in the suit.”
Tiwari May 29 furnished his blood sample for the DNA test at his residence in Dehradun in Uttarakhand following orders of the Supreme Court and the Delhi High Court. The high court April 27 directed Tiwari to undergo the DNA test and also imposed a fine of Rs.25,000 on him.
- DNA test out, N.D. Tiwari is Rohit Shekhar's father (Second Lead) - Jul 27, 2012
- Court dismisses Tiwari's plea to keep DNA report confidential - Jul 20, 2012
- Keep DNA report confidential, N.D. Tiwari tells court - Jul 18, 2012
- N.D. Tiwari is Shekhar's biological father, rules court (Lead) - Jul 27, 2012
- Court to rule Friday on N.D. Tiwari paternity suit - Sep 22, 2011
- Apex court orders Tiwari to submit blood sample - May 24, 2012
- N.D. Tiwari to undergo DNA test (Lead) - Feb 10, 2011
- Paternity suit: Tiwari gets a day to undergo DNA test - Feb 07, 2011
- Enough is enough, apex court tells N.D. Tiwari - May 01, 2012
- Apex court to hear Tiwari's plea against DNA test Monday - Mar 13, 2011
- N D Tiwari moves SC against paternity suit - Feb 28, 2011
- Paternity suit: N.D. Tiwari to give blood sample June 1 - May 10, 2011
- Tiwari paternity suit: Plea challenging DNA test hearing Feb 7 - Jan 27, 2011
- Delhi High Court refuses to stay order for ND Tiwari's DNA test - Feb 07, 2011
- Court rejects Tiwari's plea on fine - Feb 25, 2011
Tags: apex, apex court, bench, biological son, civil dispute, congress leader, criminality, delhi high court, dna report, dna test, fundamental right, grave injustice, irreparable damage, may 24, New Delhi, paternity suit, plea, shekhar, test report, undisputed position