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PATERNITY SUIT
Tiwari’s refusal for DNA sample will go against him: Delhi HC
R Sedhuraman
Legal Correspondent

New Delhi, September 23
The Delhi High Court on Friday acknowledged that former Uttarakhand Chief Minister ND Tiwari could not be forced to give his blood sample for a DNA test to ascertain whether he was the biological father of Rohit Shekhar, but warned him that his refusal would work against him.

In an order, Justice Gita Mittal said Tiwari’s refusal would be “treated as corroborative evidence” and result in the presumption that the outcome of the DNA profiling would have supported 31-year-old Rohit’s claim that he was the biological son of the 85-year-old Congress leader.

“It was true that Tiwari cannot be physically compelled or physically confined for submitting his blood sample for DNA profiling to implement the judgment delivered by the HC on December 23, 2010,” the judge conceded.

At the same time, the “court would consider the weight to be attached and the impact of this kind of refusal” while evaluating the evidence produced by Rohit which then might be treated as corroborative evidence, the judge noted.

“The conscious and emphatic refusal clearly suggests that Tiwari does not wish to run the risk of providing the plaintiff Rohit Shekhar with the evidence that would establish his case and this is mala fide. The refusal of Tiwari displays no good reason but bad faith,” the HC observed.

Rohit, who claims that he was born out of a relationship his mother Ujjawala had with Tiwari, said he would challenge the HC's ruling that the Congress leader could not be forced to give his blood sample.

Reacting to the HC verdict, Tiwari said: “Justice has prevailed. I thank all the judges" and the judiciary.” Rohit, however, would not accept that the HC had exonerated Tiwari as was claimed by the Congress leader.

“The HC ruling was an outcome of Tiwari's flagrant violation of the judicial process. Further, all this amounted to misleading the public,” Rohit said.