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Police can force Tiwari to give DNA sample, says HC
R Sedhuraman
Legal Correspondent

New Delhi, April 27
The Delhi High Court today allowed the use of police to force former Uttarakhand Chief Minister ND Tiwari to give his DNA sample to ascertain a claim that he is the biological father of 32-year-old Rohit Shekhar.

A Bench comprising Acting Chief Justice AK Sikri and Rajiv Sahai Endlaw issued the directive on an appeal filed by Shekhar, challenging a Single-Judge Bench verdict on September 23, 2011, observing that there was no legal provision to physically force Tiwari to give his DNA sample.

The Bench also directed Tiwari to pay Rs 25,000 to Shekhar towards legal expenses. Earlier, on December 23, 2010, a Single-Judge Bench of the HC had directed Tiwari to give his blood samples. Tiwari challenged this order before a Division Bench of the HC which rejected the appeal on February 7, 2011. He then went to the Supreme Court which also refused to stay the order.Even after failing to secure a stay order from the SC, Tiwari filed an application before a Single-Judge Bench of the HC contending that the use of force on him to give his blood sample amounted to denying him the fundamental right to privacy, guaranteed under Article 21 of the Constituation.

Holding that his denial to give the DNA sample was “willful, mala fide, unreasonable and unjustified,” the Single-Judge Bench, however, accepted Tiwari’s contention that he could not be forced.

In today’s 31-page judgment, the Division Bench held that the September 2011 verdict observing that the HC could issue a direction for DNA testing but not implement or enforce the same amounted to “making the law and the court a laughing stock.”“The court cannot take the role of a silent spectator and see its order being frustrated by a party. The power of enforcement of orders cannot be reduced into an empty one,” the HC ruled.