New Delhi: The Supreme Court on Monday refused to stay the Delhi High Court order asking veteran Congress leader ND Tiwari to undergo DNA test in a paternity case. (Agencies)
However, a bench comprising justices Aftab Alam and R M Lodha made it clear that the findings of the test would not be made public until and unless it is required by the court to decide the paternity suit against Tiwari.
The bench said the report would be kept in a sealed envelope and directed the 85-year-old leader to suggest the procedure preferred by him to undergo the DNA test by Friday.
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 claiming to be his son 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.
Tiwari, who has held the post of Chief Minister of undivided Uttar Pradesh and later of Uttarakhand, contended that it would be a public humiliation to him if he is directed to undergo 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 decide your plea but we won't allow the paternity suit to be frustrated by staying the order. It cannot go on like this."
A single-judge bench of the Delhi High Court on December had 23 asked Tiwari to undergo the DNA test on a paternity suit filed by Rohit Shekhar, who claims to be Tiwari's biological son born out of the leader's alleged relationship with his mother Ujjawala Sharma.
Tiwari, who was forced to resign as Governor in the midst of allegations of sexual misconduct, had countered the charges claiming that he never had any physical relationship with Ujjawala, who is also a Congress activist, and Shekhar was not entitled to seek a DNA test as a matter of right.
New Delhi: The Supreme Court on Monday refused to stay the Delhi High Court order asking veteran Congress leader ND Tiwari to undergo DNA test in a paternity case.