New Delhi, Mar 18 (PTI) With veteran Congress leader N D Tiwari today ignoring the Supreme Court''s earlier advice to convey his preferred mode of DNA test, the apex court left him to face his fait accompli as per the high court''s ruling, which has ordered collection of his blood sample for the test.
A bench of justices Aftab Alam and R M Lodha, while denying any relief to Tiwari against the high court''s order, had asked him early this week to let the court know how would he like to undergo the test - whether through examination of blood sample, his saliva or hair strand.
But with Tiwari''s counsel refusing to spell out his client''s preferred mode to undergo the DNA test and insisting on his client''s plea to stay the high court''s order, the apex court bench refused to grant him any relief.
The high court had ordered the leader''s DNA test on a a paternity suit by 31-year-old Rohit Shekhar, claiming that he was Tiwari''s biological son, and has already set in motion the process for collection of the blood samples of the two.
With Tiwari adopting an adamant stand against his DNA test, the apex court bench has refused to stay the high court order asking Hyderabad-based Centre for DNA, Fingerprinting and Diagnostics (CDFD) to conduct the test on the 85-year old leader.
The apex court bench had earlier assured Tiwari that his DNA test results will not be made public unless it is unavoidable in the interest of justice.
The court had said considering the age of the leader, it is necessary to have a DNA test so that the young man is not left without any remedy if something happens to Tiwari.
Tiwari, who held the post of chief minister of undivided Uttar Pradesh and later of Uttarakhand, had contended that it would be a violation of his right to privacy and would cause him public humiliation if he is made to undergo the test.
He contended that high court had committed an error in passing the order and it should look at other evidence to decide the paternity suit rather than focusing on the DNA test which is not a conclusive evidence.
A single-judge bench of the Delhi High Court had on December 23 asked Tiwari to undergo the DNA test on a paternity suit filed by Rohit, who claims to be Tiwari''s biological son born out of the leader''s alleged relationship with his mother Ujjawala Sharma.
The court had asked him to undergo the test saying the wider interest of a child that he should not be declared a "bastard" has to be kept in mind.
Tiwari, who was forced to resign as governor in the midst of allegations of sexual misconduct, had countered the charges claiming that he never had any physical relationship with Ujjawala, who is also a Congress activist, and Shekhar was not entitled to seek a DNA test as a matter of right. PTI
A bench of justices Aftab Alam and R M Lodha, while denying any relief to Tiwari against the high court''s order, had asked him early this week to let the court know how would he like to undergo the test - whether through examination of blood sample, his saliva or hair strand.
But with Tiwari''s counsel refusing to spell out his client''s preferred mode to undergo the DNA test and insisting on his client''s plea to stay the high court''s order, the apex court bench refused to grant him any relief.
The high court had ordered the leader''s DNA test on a a paternity suit by 31-year-old Rohit Shekhar, claiming that he was Tiwari''s biological son, and has already set in motion the process for collection of the blood samples of the two.
With Tiwari adopting an adamant stand against his DNA test, the apex court bench has refused to stay the high court order asking Hyderabad-based Centre for DNA, Fingerprinting and Diagnostics (CDFD) to conduct the test on the 85-year old leader.
The apex court bench had earlier assured Tiwari that his DNA test results will not be made public unless it is unavoidable in the interest of justice.
The court had said considering the age of the leader, it is necessary to have a DNA test so that the young man is not left without any remedy if something happens to Tiwari.
Tiwari, who held the post of chief minister of undivided Uttar Pradesh and later of Uttarakhand, had contended that it would be a violation of his right to privacy and would cause him public humiliation if he is made to undergo the test.
He contended that high court had committed an error in passing the order and it should look at other evidence to decide the paternity suit rather than focusing on the DNA test which is not a conclusive evidence.
A single-judge bench of the Delhi High Court had on December 23 asked Tiwari to undergo the DNA test on a paternity suit filed by Rohit, who claims to be Tiwari''s biological son born out of the leader''s alleged relationship with his mother Ujjawala Sharma.
The court had asked him to undergo the test saying the wider interest of a child that he should not be declared a "bastard" has to be kept in mind.
Tiwari, who was forced to resign as governor in the midst of allegations of sexual misconduct, had countered the charges claiming that he never had any physical relationship with Ujjawala, who is also a Congress activist, and Shekhar was not entitled to seek a DNA test as a matter of right. PTI
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