N D Tiwari has to undergo DNA test: SC

New Delhi, Mar 14 (PTI) In a setback to veteran
Congress party leader N D Tiwari, the Indian Supreme Court
Monday held that he has to undergo DNA test in a paternity
case but said its finding would not be made public until it is
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 DNA test and directed him to suggest by
Friday the procedure preferred by him for the DNA test.
In a related development, the High Court asked
Hyderabad-based Centre for DNA, Fingerprinting and Diagnostics
(CDFD) to conduct DNA test on Tiwari to ascertain the plea of
31-year-old Rohit Shekhar claiming to be his biological son.
Refusing to grant any relief, the apex court said that
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.
"We want to ensure that there must be something on
which the court can rely if something happens to you
(Tiwari)," the bench said.
"It (DNA report) may turn out to be waste paper if the
paternity suit doesn't pass the first legal hurdle. But what
would happen if something happens to you?," the court said
while rejecting Tiwari's plea that he should not be subjected
to the test as it would violate his right to privacy.
Tiwari, who has held the post of chief minister of
undivided northern states Uttar Pradesh and later of
Uttarakhand, contended that it would be a violation of his
right to privacy and would cause him public humiliation if he
is directed to undergo the DNA test.
The bench, however, said, "Where is the intrusion of
privacy, if the DNA report is kept in 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 court said.
The court also queried from the leader's counsel as to
why Tiwari was avoiding the test. "Can you give me one reason
why you are avoiding it?," the bench asked.
Senior advocate Ashok Desai, appearing for the
Congress leader, contended that the High Court had committed
an error in passing the order and it should look at other
evidence too to decide the paternity suit rather than
focussing on the DNA test which is not a conclusive evidence.
"It is a strange suit which has been filed by the
young man 30 years after his birth and he pleads the court to
declare his mother unchaste," Desai submitted before the
bench.