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Tiwari must give blood sample for DNA test, rules court

Delhi,Immigration/Law/Rights,Politics, Fri, 27 Apr 2012 IANS

New Delhi, April 27 (IANS) Setting aside a previous order, the Delhi High Court Friday said Congress leader N.D. Tiwari must give his blood sample for a DNA test to decide a paternity suit and can even be forced to do so if he refuses.


A division bench of Acting Chief Justice A.K. Sikri and Justice Rajiv Sahai Endlaw said Tiwari can be compelled to give his blood sample to decide the paternity suit of 32-year-old Rohit Shekhar who claims to be his biological son.


The bench said that if Tiwari continues to defy the court's order to give his blood sample for DNA analysis, police force can be used against him.


"Upon the respondent 1(N.D. Tiwari) continuing to defy the order, the single judge shall be entitled to take police assistance and use of reasonable force for compliance their of," the court said while allowing Shekhar's appeal.


Shekhar had challenged the order of Justice Gita Mittal who in September 2011 said that Tiwari cannot be physically compelled or confined for submitting his blood sample for DNA analysis.


Appealing against the single judge's order, Shekhar contended that the single judge "failed to satisfactorily deal with high-handed and dismissive conduct of Tiwari", a former chief minister of Uttar Pradesh and Uttarakhand and governor of Andhra Pradesh.


"The bench had failed to consider if 85-year-old Tiwari is not compelled to submit his blood sample in compliance with the court's earlier order, it would be difficult for him (the petitioner) to get justice," Shekhar said in his petition.


Tiwari had on June 1 last year refused to appear in the high court dispensary to give his blood sample for DNA test to ascertain Shekhar's claim of being his biological son, saying he cannot be forced to do so.


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