The Delhi high court on Wednesday ordered its registrar to take police assistance for bringing defiant veteran Congress leader N D Tiwari in New Delhi for taking his blood sample to decide the paternity suit of a man claiming to be his son.
"Joint Registrar (JR) shall be entitled to avail police assistance in case the defendant number one (Tiwari) is not available within the jurisdiction of this court. The JR shall seek the police assistance for bringing him in this court for the purpose of taking the blood sample for the DNA test," Justice Reva Khetrapal said.
The court came down heavily on the counsel, representing the 86-year-old Dehradun based Congress leader, after he sought adjournment of hearing on the ground that a petition has been filed in the Supreme Court on the issue.
Referring to various judgements delivered by single- judge, devision bench of high court and the Supreme Court in the matter, Justice Khetrapal said, "it had already been made clear that pendency of a special leave petition in the Supreme Court will not come in way of the proceedings of the case".
The court fixed the matter for further hearing on May 21 before the joint registrar, who in turn will fix the date for collection of the blood sample from Tiwari.
The court made it clear that the process of collecting the sample would be initiated within a week after the joint registrar receives the DNA sample kit from Hyderabad-based Centre for DNA Fingerprinting and Diagnostics (CDFD).
The court in its order said that considering the age of Tiwari, the order of taking the blood sample is required to be implemented "as expeditiously as possible otherwise an irreparable loss is bound to visit the plaintiff".
The court's directions came on the plea of 32-year-old Rohit Shekhar seeking to compel Tiwari to furnish his blood sample at the earliest to decide the four-year-old paternity suit. He has sought a judicial declaration that Tiwari is his biological father.
The high court had on May 14 asked Tiwari to inform it within two days as to whether he wants to voluntarily give his blood sample for a DNA test in a paternity suit or police force be used for obtaining it.
Justice Khetrapal had also told the counsel for Tiwari that his client will not leave India till he gives his blood sample for the requisite DNA test in the matter in the wake of orders of the Delhi high court and the Supreme Court.
Tiwari, former chief minister of Uttar Pradesh and Uttarakhand, was earlier directed by the high court and the apex court to furnish a blood sample for the DNA test.
The court had also directed the CDFD to send "requisite kits" for the DNA test to the registrar of the court.
The court was hearing a fresh plea by Shekhar against Tiwari, a former governor of Andhra Pradesh, seeking that he be asked to give the blood sample to ascertain whether he was the biological father of the petitioner.
The veteran leader had recently suffered set backs in the high court and the Supreme Court in his bid to avoid giving his blood sample.
A two-judge bench of the high court had said that even police force could be used for compelling Tiwari to comply with the earlier order in the case as non-implementation of judicial orders would make courts a "laughing stock".
Tiwari had moved the apex court against the order but he could not get any relief.
"Enough is enough. You (Tiwari) were not present on earlier occasions. Having regard to your age, we had told you to give sample in a sealed cover. We gave you protection under Article 21, but enough is enough," justices Aftab Alam and C K Prasad had said.
Shekhar had moved the fresh plea that the court should appoint a commissioner to take Tiwari's blood sample with assistance from police, as mandated by the April 27 order.
