N D Tiwari to undergo DNA test as HC refuses interim relief

New Delhi, Feb 7 (PTI) Veteran Congress leader N DTiwari will have to undergo a DNA test on a paternity suitfiled by a youth claiming to be his biological son with theDelhi High Court today refusing to stay an earlier orderasking him to give his blood sample.

As a result, proceedings would commence tomorrowbefore the court''s joint registrar on the issue to ascertainthe claim of 31-year-old Rohit Shekhar.

A bench of justices Vikramajit Sen and SiddharthMridul reserved their order on an appeal by 85-year-old Tiwarichallenging the High Court verdict, saying a frivolouspetition had been moved against him as he was no way linked toRohit''s mother, Ujjwala Sharma, a Congress activist.

Senior advocate Jayant (rpt) Jayant Bhushan, appearingfor Tiwari, sought interim stay of the December 23 order ofthe single judge asking Tiwari to undergo the test. Thecounsel said, "there was no urgency as the petitioner (Rohit)has not sought any pecuniary relief".

"Can your client (Tiwari) file an affidavit that hewould remain alive for next ten years?" the bench asked.

Bhushan, initiating the arguments, said Tiwari cannotbe compelled by the court to give his blood sample and therewere various Supreme Court judgements on the issue.

The single judge order asking the leader to undergothe test was erroneous as a legal and valid marriage wassubsisting between Ujjwala and Bimal Prasad Sharma, thelegitimate father of Rohit, he said.

Moreover, Ujjwala and Bimal had access to each otherand there was conclusive proof that Rohit was their legitimatechild, he said.

The words paternity and legitimacy, wereinterchangeable and no distinction can be drawn between them,Bhushan said.

Sudhir Nandrajog, counsel for Rohit, opposed Tiwari''splea saying the paternity and legitimacy were two distinctissues and the single judge had rightly asked him to undergothe test.

Rohit, who claims to be Tiwari''s biological sonborn out of the leader''s relationship with his mother, hadmoved the court seeking a legal declaration to this effect.

The single judge bench had asked Tiwari to undergo theDNA test saying "the wider interest of a child of not beingdeclared a bastard has to be kept in mind."

Tiwari, a former chief minister of UP and Uttarakhandwho has held key ministerial portfolios at the Centre, wasforced to resign as Andhra Pradesh Governor in 2009 amidallegations of sexual misconduct against him.