New Delhi, May 10: Rohit Shekhar, who claims to be the biological son of veteran Congress leader N.D. Tiwari, Thursday moved the Delhi High Court seeking direction to Tiwari to furnish his blood samples at the earliest for a DNA test as per the court’s earlier order.
The high court April 27 had directed Tiwari to give his blood sample for a DNA test to decide a paternity suit and said that the leader can even be forced to do so if he refuses.
There is an urgent need of blood sample for DNA test as there are chances that Tiwari may depart from India in order to avoid the court order, Shekhar said in his petition while seeking an order restraining Tiwari from leaving India until he furnishes DNA samples.
Approaching the court, 32-year-old Shekhar said that due to the Tiwari’s advanced age (86), time is of essence and irreparable loss will be caused him if the samples are not collected at the earliest as vital evidence may be lost forever.
In his petition, he submitted that in case Tiwari fails to appear or furnish a blood sample on the date that will be appointed by the court, a commissioner be appointed to draw blood sample from him forcefully or otherwise.
Acting Chief Justice A.K. Sikri had 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.
Justice Sikri had passed the order on Shekhar’s plea challenging 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.
Through the present petition, Shekhar sought order from the court that he is the naturally born son of Tiwari and his mother Ujjwala Sharma, “a decree of perpetual injunction be passed, restraining defendent 1 (Tiwari) from denying in public or otherwise that he is the father of plaintiff (Shekhar).”
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, saying he cannot be forced to do so.