New Delhi Veteran Congress leader N D Tiwari was on Friday ordered to undergo a DNA test in a paternity suit.
While passing the order, the Delhi High Court said the police force could be used to compel Tiwari to give blood sample, a
s nonimplementation of judicial orders would make courts a ‘laughing stock’. The court was critical of the single judge who had said the order asking Tiwari to undergo a DNA test for ascertaining the paternity of 32- year- old Rohit Shekhar was ‘un- implementable and unenforceable’. Setting aside the September 23, 2011 order of the single judge, a division bench also imposed a cost of Rs 25,000 on 86- year- old Tiwari.
alt145alt39If an illegal occupant can be physically removed by the police, following a court order, then why canalt39t a person be forced to give blood sample in compliance of a judicial order, the court demanded.
‘The perception that the law, as Mr Bumble ( in Oliver Twist) said, is alt145 an ass — an idiot,alt39will be cemented, if the courts themselves hold their own orders to be unimplementable and un- enforceable,’the court said.
Discussing the facts of the case, the bench said there was no need for the single judge bench to entertain the plea of Tiwari when the predecessor judge had already taken a view on December 23, 2010, that the Congress leader will have to undergo the DNA test.
