New Delhi, Feb. 8 (PTI): The formalities of how and where Congress veteran N.D. Tiwari’s blood sample will be taken for his DNA test on a paternity suit will be discussed on February 19, Delhi High Court decided today.

The court’s joint registrar, Deepak Garg, said he would decide on the formalities in the presence of Tiwari’s counsel and that of Delhi youth Rohit Shekhar.

The youth claims to have been born out of a relationship between his mother Ujjwala Sharma and Tiwari.

A single-judge bench of the court had on December 23 asked the 85-year-old Tiwari to undergo a DNA test in response to a paternity suit filed by Shekhar.

On Tiwari’s appeal, challenging the single-judge bench’s order, a division bench of Justices Vikramajit Sen and Siddharth Mridul had reserved its order yesterday but turned down his plea to suspend the single-judge bench’s order at least for the time being.

Senior advocate Jayant Bhushan, appearing for Tiwari, had sought an interim stay on the December 23 order, arguing that “there was no urgency as the petitioner (Rohit) has not sought any pecuniary relief”.

But the judges said: “Can your client (Tiwari) file an affidavit that he would remain alive for the next 10 years?”

Bhushan said Tiwari could not be compelled by the court to give his blood sample and there were various Supreme Court judgments on the issue.

Bhushan had contended that the single-judge order asking Tiwari to undergo the test was erroneous as a legal and valid marriage was subsisting between Ujjwala and husband Bimal Prasad Sharma.

Moreover, Ujjwala and Bimal had access to each other and there was conclusive proof that Rohit was their legitimate child, he said.

The words paternity and legitimacy were interchangeable and no distinction can be drawn between them, Bhushan said.

Sudhir Nandrajog, counsel for Rohit, opposed Tiwari’s plea saying paternity and legitimacy were two distinct issues and the single judge had rightly asked him to undergo the test.

The judge had asked Tiwari to undergo the test saying the wider interest of a person of not being declared an illegitimate child had to be kept in mind.

Tiwari, former chief minister of undivided Uttar Pradesh and Uttarakhand who has held key ministerial portfolios at the Centre, was forced to resign as Andhra Pradesh governor in 2009 amid allegations of sexual misconduct.