New Delhi, Feb 8 (PTI) The formalities as to how andwhere veteran Congress leader N D Tiwari''s blood sample willbe taken for his DNA test on a paternity suit would bedetermined on February 19, the Delhi High Court decided today.
The High Court''s Joint Registrar Deepak Garg said hewould decide on various formalities on taking Tiwari''s bloodsample in presence of his counsel and those of Delhi youthRohit Shekhar, who claims to be his biological son, born outof the leader''s relationship with his mother Ujjawala Sharma.
A single-judge bench of the High Court had on December 23asked the 85-year-old leader to undergo a DNA test on apaternity suit filed by Shekhar.
On Tiwari''s appeal, challenging the single-judge bench''sorder, a division bench of Justices Vikramajit Sen andSiddharth Mridul had reserved its order yesterday, while alsoturning down his plea to suspend the single-judge bench''sorder at least for the time being.
Senior advocate Jayant Bhushan, appearing for Tiwari, hadsought interim stay on the December 23 order, arguing that"there was no urgency as the petitioner (Rohit) has not soughtany pecuniary relief".
"Can your client (Tiwari) file an affidavit that he wouldremain alive for next ten years?" the bench had asked himturning down the plea.
Bhushan had also contended that Tiwari cannot becompelled by the court to give his blood sample and therewere various Supreme Court judgements on the issue.
Bhushan had contended that the single-judge order askingTiwari to undergo the test was erroneous as a legal and validmarriage was subsisting between Ujjwala and Bimal PrasadSharma, the legitimate father of Rohit.
Moreover, Ujjwala and Bimal had access to each other andthere was conclusive proof that Rohit was their legitimatechild, he said.
He also argued that the words paternity and legitimacywere interchangeable and no distinction can be drawn betweenthem.
Rohit''s counsel Sudhir Nandrajog, however, opposedTiwari''s plea saying paternity and legitimacy were twodistinct issues and the single judge had rightly asked him toundergo the test.
The judge had asked Tiwari to undergo the DNA test sayingthe wider interest of a person of not being declared anillegitimate child has to be kept in mind.
Tiwari, a former chief minister of Uttar Pradesh andUttarakhand who has held key ministerial portfolios at theCentre, was forced to resign as Andhra Pradesh Governor in2009 amid allegations of sexual misconduct against himfollowing the airing of a sting operation in news channels.