Thaindian News

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.