NEW DELHI: In a setback for veteran Congress leader N D Tiwari , the SC on Monday held that he has to undergo DNA test in a paternity case but said its findings would not be made public until required.
A bench comprising justices Aftab Alam and R M Lodha refused to stay the Delhi high court order asking the 85-year old leader to undergo a DNA test and directed him to suggest by Friday the procedure preferred by him for the DNA test. In a related development, the HC modified its earlier order and asked Hyderabad-based Centre for DNA, Fingerprinting and Diagnostics (CDFD) to conduct the test.
Justice Gita Mittal allowed the plea of Rohit Shekhar that the earlier judgment of the court be modified as the Centre for Cellular and Molecular Biology (CCMB) in Hyderabad, which was authorized to conduct the DNA test, was no more doing such tests.
Refusing to grant any relief, the SC said that considering his age, it was necessary to go ahead with the test so that the young man wasn't left without any remedy if something were to happen to Tiwari. "We want to ensure that there must be something on which the court can rely on if something happens to you (Tiwari)," the bench said. Tiwari, who has held the post of chief minister of undivided Uttar Pradesh and later of Uttarakhand, contended that it would be a violation of his right to privacy and cause him public humiliation if he was directed to undergo the DNA test.
The bench, however, said, "Where is the intrusion of privacy if the DNA report is kept in a sealed envelope? We are not averse to deciding your plea but we won't allow the paternity suit to be frustrated by staying the order. It cannot go on like this. As long as it is not disclosed , it won't humiliate."
The apex court posted the matter for Friday to pass the order when Tiwari would tell the court the procedure preferrred by him to undergo the test after his counsel suggested that the test could be conducted by taking a sample of his hair or blood.
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A bench comprising justices Aftab Alam and R M Lodha refused to stay the Delhi high court order asking the 85-year old leader to undergo a DNA test and directed him to suggest by Friday the procedure preferred by him for the DNA test. In a related development, the HC modified its earlier order and asked Hyderabad-based Centre for DNA, Fingerprinting and Diagnostics (CDFD) to conduct the test.
Justice Gita Mittal allowed the plea of Rohit Shekhar that the earlier judgment of the court be modified as the Centre for Cellular and Molecular Biology (CCMB) in Hyderabad, which was authorized to conduct the DNA test, was no more doing such tests.
Refusing to grant any relief, the SC said that considering his age, it was necessary to go ahead with the test so that the young man wasn't left without any remedy if something were to happen to Tiwari. "We want to ensure that there must be something on which the court can rely on if something happens to you (Tiwari)," the bench said. Tiwari, who has held the post of chief minister of undivided Uttar Pradesh and later of Uttarakhand, contended that it would be a violation of his right to privacy and cause him public humiliation if he was directed to undergo the DNA test.
The bench, however, said, "Where is the intrusion of privacy if the DNA report is kept in a sealed envelope? We are not averse to deciding your plea but we won't allow the paternity suit to be frustrated by staying the order. It cannot go on like this. As long as it is not disclosed , it won't humiliate."
The apex court posted the matter for Friday to pass the order when Tiwari would tell the court the procedure preferrred by him to undergo the test after his counsel suggested that the test could be conducted by taking a sample of his hair or blood.
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