New Delhi: The Delhi High Court on Thursday issued notice to ND Tiwari on a plea by a city youth against its earlier order that the veteran Congress leader cannot be compelled to give his blood samples for DNA test to decide the youth's paternity suit.
A bench of acting Chief Justice AK Sikri and Justice Rajiv Sahay Endlaw issued notice on the plea by Rohit Shekhar, who claims to Tiwari's biological son, and sought his response by January 19 next year.
In his appeal against the court's single-judge bench order, Rohit said it had failed to deal with Tiwari's 'dismissive conduct' against the court's earlier order to give his blood sample.
"The single judge failed to satisfactorily deal with high-handed and dismissive conduct of Tiwari, a former chief minister of Uttar Pradesh and Uttarakhand," said 31-year-old Rohit.
The bench had failed to consider if 85-year-old Tiwari is not compelled to submit his blood sample in compliance with the court's earlier order, it would be difficult for him to get justice, Rohit had said in his petition against Tiwari, a former governor of Andhra Pradesh.
Referring to the court's remark in its September 23 order that Tiwari's failure in giving his blood sample for DNA test may lead to an adverse inference against him, while deciding the paternity suit, Rohit said that such an inference is not same as conclusive evidence.
"The court also failed to appreciate that an adverse inference can never have the same effect as a conclusive scientific determination of paternity," he submitted.
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