Saturday, July 21, 2012
HC rejects N D Tiwari's plea to keep his DNA report secret
The Delhi High Court rejected N D Tiwari's plea to keep his DNA report secret and hold in-camera hearing of the paternity suit of a youth claiming to be his biological son.
Justice Reva Khetrapal dismissed Tiwari's application saying the Supreme Court's May 24 order to maintain confidentiality was for the purpose of collection of blood sample for the DNA test and the transmission of the report to Delhi High Court but not for the purpose of trial.
"You cannot misinterpret the Supreme Court order. It was for the purpose of collection of blood sample for DNA test..," Justice Khetrapal said and fixed July 27 to open the DNA report.
In his application, 87-year-old Tiwari had claimed that the apex court's order had provided for keeping the DNA report confidential till conclusion of the trial of the paternity suit.
"Direct all concerned to comply with the directions passed by the Supreme Court...and let the DNA report be completely sealed and kept confidential till conclusion of entire trial or alternatively, till reasonable appropriate stage in the suit," Tiwari had said in his application.
Tiwari had given blood sample for the DNA test on May 29 at his residence in Dehradun following a Supreme Court's order in the case.
Referring to one of the Supreme Court orders, Tiwari's counsel Bahar-U-Burqi said it has been made clear that the DNA report will remain confidential till the conclusion of trial.
The lawyer also said "plaintiff (Rohit) and his mother are leaving no stone unturned to get the report unsealed and make it public to attract undue media attraction without completion of the trial."
Earlier Tiwari's pleas were objected to by 32-year-old Delhi youth Rohit Shekhar, who had filed the paternity suit in 2008, claiming the veteran Congress leader to be his biological father.
Shekhar's counsel Amit Sibal, assisted by Vedant Verma, contended that Tiwari was adopting "delaying tactics" by initiating another round of litigation.
The high court, in its April 27 order, had ordered Tiwari to undergo the DNA test in the paternity suit and had also imposed a fine of Rs 25,000 on the veteran leader.
Hyderabad-based Centre for DNA Fingerprinting and Diagnostics (CDFD) had recently submitted the DNA reports of Tiwari, Rohit and his mother Ujjawala Sharma to the high court in sealed covers.
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