The Telegraph
Thursday , May 17 , 2012
Since 1st March, 1999
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Tiwari moves SC on sample order

New Delhi, May 16: Congress veteran N.D. Tiwari moved the Supreme Court today hours after Delhi High Court set him a fresh May 21 deadline to submit his blood sample and authorised the registrar to take police help if he didn’t.

The high court order came in a four-year-old paternity suit filed by a young lawyer, Rohit Shekhar, who claims Tiwari is his biological father. Tiwari denies the claim.

On May 14, the high court had asked Tiwari to inform it within two days whether he wanted to voluntarily give the sample for a DNA test or have it forcibly taken with police help.

In his plea to the top court filed through lawyer Bahar S. Burqi, Tiwari claimed no such sample could be taken by force as it went against the Constitution, which bars a person from incriminating himself.

The Dehra Dun-based octogenarian leader’s last-ditch plea to avoid submitting blood samples will possibly be heard on Monday or Tuesday.

The top court had earlier dismissed his plea against submitting DNA samples.

Hours before he moved the top court, the high court had ordered the registrar to make all arrangements to collect Tiwari’s blood sample by May 21.

“The joint registrar (JR) shall be entitled to avail police assistance in case the defendant (Tiwari) is not available within the jurisdiction of this court,” Justice Reva Khetrapal said in her order.

The court criticised Tiwari’s lawyer after he sought adjournment of hearing on the ground that a petition had been filed in the Supreme Court on the issue.

Referring to judgments earlier delivered on this by a single-judge and later a division bench of the high court and the apex court, the judge said: “It had already been made clear that pendency of a special leave petition in the Supreme Court will not come in the way of the proceedings of the case.”

The order is required to be implemented “as expeditiously as possible, otherwise an irreparable loss is bound to visit the plaintiff”, she said.

The court fixed the matter for further hearing on May 21 before the joint registrar.