The Delhi High court has declared that Tiwari is not permitted to leave the country till the DNA test is is taken.
The Delhi High Court, on Monday, ordered senior politician and former Andhra Pradesh governor N D Tiwari to "gracefully appear" for a DNA test, failing which the Delhi police would forcibly conduct the paternity test - which is in connection with a case filed by Rohit Shekhar (31), who claims to be Tiwari's biological son.
Justice Reva Khetarpal directed Tiwari to inform the court about his decision within 2 days. The court has also asked the Hyderabad-based Centre For DNA Fingerprinting And Diagnostics (CDFD) to send DNA test kits to Delhi, and asked the court registry to apprise the concerned authorities of the same.
Rohit Shekhar also raised serious apprehensions that Tiwari would leave the country to delay the procedure of DNA testing, as he has done in the last one-and-a-half year. Reacting to the appeal, the court restrained Tiwari from leaving the country.
"You are not permitted to leave the country till the sample for the DNA test is taken," the court said.
The court also came down heavily on the veteran politician for his conduct over the past 2 years, and said that it was improper for someone who has served in various capacities as a minister in the country to try to circumvent legal proceedings.
"The court reminded him of the 5 orders that were given over the years for his DNA test," Rohit Shekhar said.
Rohit said he had filed the paternity suit in 2008 to prove that the Congress leader was his biological father.
The HC division bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw had, on 27 April, told Tiwari that he must obey the orders of the court and submit his DNA sample, or risk being forced to give one.
The bench had passed the orders while hearing Shekhar's plea challenging the single judge's 23 September 2011 order, which had stated that Tiwari could not be compelled, but that an adverse inference could be drawn from his repeated refusal to give blood samples.
Setting aside the previous order, the court had said that "police assistance and use of reasonable force for compliance thereof" can be taken, as judicial orders needed to be executed.
After the HC order, Tiwari approached the Supreme Court (SC), which, too, refused to give him any relief.
"Enough is enough. You (Tiwari) were not present on earlier occasions. Having regard to your age, we had told you to give a sample in a sealed cover. We gave you protection under Article 21, but enough is enough," a bench of justices Aftab Alam and C K Prasad had said.
Shekhar moved the HC last week to allow for forcible taking of Tiwari's blood sample for the test since he had not complied with the HC's 23 December 2010 and 27 April 2012, orders.
"Direct the non-applicant 1 (Tiwari) to furnish blood samples at the earliest convenience of this court. In the event that Tiwari fails to appear on the date fixed by the court, appoint a Commissioner to draw blood samples of Tiwari by force or otherwise," he said in his application. (INN)