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Can use force if Tiwari refuses to undergo DNA paternity test: HC

After evading it for years,veteran Congress leader N D Tiwari will finally have to undergo a DNA paternity test as demanded by a man who claims to be his biological son.

Written by Express News Service | New Delhi | Published: April 28, 2012 2:18:55 am

After evading it for years,veteran Congress leader N D Tiwari will finally have to undergo a DNA paternity test as demanded by a man who claims to be his biological son.

In a first of its kind order,the Delhi High Court Friday held that use of force would be “justified” if Tiwari,87,a former chief minister and governor,refuses to undergo the test.

Ratifying previous court orders that Tiwari must undergo the paternity test,a Bench headed by Acting Chief Justice A K Sikri said that judicial orders cannot remain on a piece of paper and attempts must be made to implement them.

“The court cannot take a role of a silent spectator and see its order being frustrated by a party. The power of enforcement of orders cannot be reduced into an empty one,” the Bench said.

“A court of law cannot sit still with folded hands and countenance its injunction being treated with indifference or scant courtesy by the party against whom it is directed and who is bound to obey its terms. This is particularly so when such injunction has been confirmed in appeal and stay thereof been rejected by the Supreme Court…Upon Tiwari continuing to defy the order,the single judge shall be entitled to take police assistance and use of reasonable force for compliance thereof,” it added.

The court also said that Tiwari’s move to file a plea even though the Supreme Court has rejected his appeal against the DNA test was “contumacious”.

The Bench also set aside the September 2011 order of a single judge Bench that Tiwari could not be forced to furnish his blood sample and only an adverse inference could be drawn against him for such a refusal.

‘Anti-migrant parties threat to nation’

The anti-migrant ideology of parties like the MNS and the Shiv Sena “is a serous threat to national unity and integrity”,Press Council of India chairman Justice Markandey Katju on Friday.

“Narrow-minded politicians in Maharashtra are taking up this issue to attract local vote bank. These anti-national forces should be defeated…,” he said. “About 90 per cent of our population has descended from immigrants. If we apply this rule,then most of us will have to leave this country.”

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