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This is an archive article published on May 15, 2012

DNA test: HC gives Tiwari two days to decide

Justice Reva Khetrapal also told the counsel for Tiwari that his client will not leave India

The Delhi High Court on Monday gave two days to veteran Congress leader N D Tiwari to decide if he wants to give his blood sample voluntarily for a DNA test in a paternity suit against him or a directive for using police force against him be passed.

Justice Reva Khetrapal also told the counsel for 86-year-old Tiwari that his client will not leave India till he gives his blood sample for the DNA test in the wake of categorical orders of the Delhi High Court and the Supreme Court.

“It is deemed expedient that the time of two days be granted to defendant no. 1 (Tiwari) to inform whether he voluntarily wants to give blood sample for the DNA test or the court will have to take recourse to police force,” said the court,fixing the matter for May 16.

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The court,meanwhile,also directed the Hyderabad-based Centre for DNA Fingerprinting and Diagnostics (CDFD) to send requisite kit for the DNA test to the registrar of the court.

The court rejected the plea of Tiwari’s counsel that a week’s time be granted for taking instruction in this regard from the Dehradun-based Congress leader.

“I cannot keep the matter pending as the issue has finally been decided by a Division Bench of this court and by the Supreme Court and nothing remains to be decided,” said the court.

The court’s directions have come on an application of 33-year-old Rohit Shekhar,seeking to compel Tiwari to give his blood sample at the earliest to decide the four-year-old paternity suit.

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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.

A Division Bench had recently held that even police force could be used to compel Tiwari for complying with the earlier order,directing him to undergo the test to ascertain the petitioner’s paternity. Tiwari had also moved the apex court against this order but to no avail.

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