NEW DELHI: Declining relief to veteran Congress leader, Mr N D Tiwari in a paternity case, the Supreme Court Monday asked him to undergo a DNA test and spell out the procedure preferred by him for it.
However, a bench comprising Mr Justice Aftab Alam and Mr Justice R M Lodha made it clear that the findings of the test would not be made public until and unless it is required by the Court to decide the paternity suit against Mr Tiwari.
The bench said the report would be kept in a sealed envelope and directed the 85-year-old leader to suggest by Friday the procedure preferred by him to undergo the DNA test. The Apex Court said that considering the age of the leader, it is necessary to have a DNA test so that 31-year-old Mr Rohit Shekhar, claiming to be his son, is not left without any remedy if something happens to Mr Tiwari. “We want to ensure that there must be something on which the Court can rely if something happens to you,” the bench said.
“It (DNA report) may turn out to be waste paper if the paternity suit doesn’t pass the first legal hurdle. But what would happen if something happens to you?,” the Court said while rejecting Mr Tiwari’s plea that he should not be subjected to the test as it would violate his right to privacy. The Court also queried from the leader’s counsel as to why Mr Tiwari was avoiding the test. “Can you give me one reason why you are avoiding it?,” the bench asked.
Meanwhile, allowing a plea by Mr Shekhar, the Delhi High Court modified its earlier order and asked Hyderabad-based Centre for DNA, Fingerprinting and Diagnostics (CDFD) to conduct DNA test on Mr Tiwari. Mr Shekhar had submitted that the earlier judgement of the Court be modified as the Centre for Cellular and Molecular Biology (CCMB) at Hyderabad, which was authorised to conduct the DNA test, was no more conducting such tests. Mr Justice Mittal then posted the matter on April 4 before the Joint Registrar who would decide the procedural formalities to conduct the DNA test.