New Delhi, Jul 27: N D Tiwari is the biological father of a Delhi-based youth Rohit Shekhar, the Delhi High Court today said while declaring the result of the DNA test of the veteran Congress leader.
Justice Reva Khetrapal declared the result of the DNA test conducted at the Hyderabad-based laboratory in the open court and said as per the report, “Tiwari is reported to be the biological father of Rohit Shekhar and Ujjwala Sharma is reported to be the biological mother.”
Before declaring the result of the DNA test, the report of the Centre for DNA Fingerprinting and Diagnostics (CDFD) was desealed in the chamber of the judge in the presence of advocates for Rohit Shekhar and his mother Ujjwala Sharma. Though, the judge waited for the presence of Tiwari's lawyer, none appeared on his behalf.
While announcing the result of the DNA test in the open court, the judge noted that “None has appeared on behalf of Defendant No 1 (Tiwari) though it is nearly 4 pm, nor any request has been made for an adjournment on behalf of defendant No 1.
“Accordingly let the sealed cover, received from CDFD, Hyderabad be opened and the report be placed on the file, which would be available to the parties only”.
The counsel for 32-year-old Shekhar and his mother had informed the judge that a division bench of the high court earlier today had rejected 87-year-old Tiwari's plea not to open the DNA report before a single judge bench, adjudicating the paternity suit.
The division bench had allowed Justice Reva Khetrapal, who had decided to open Tiwari's DNA report and to declare the DNA test result in open court.
Dismissing Tiwari's appeal against Justice Khetrapal's July 19 decision, a division bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw said, “Not opening the DNA report may lead to a lengthy process”.
Concurring with the single judge's observation on Supreme Court's direction to maintain confidentiality on Tiwari's DNA profile, the bench had said, “We are in agreement with the single judge that nowhere the Supreme Court in its order stated that the DNA profile shall be kept in a sealed cover till the conclusion of trial. This DNA report is a piece of evidence..”
“The purpose was to cut short the controversy and to avoid an unnecessarily prolonged trial. If the sample is not opened now, it may lead to unnecessary cross-examination of the witnesses. We do not find merit in the petition, so it is dismissed,” the bench had added.
Tiwari's counsel and senior advocate Mukul Gupta had sought quashing of the single judge's order or to provide protection till the Supreme Court clarifies its May 24 order on the issue of confidentiality.
The senior lawyer submitted to the bench that after the single judge dismissed their plea to conduct the trial in-camera and also to keep the DNA report confidential, they have filed an application before the apex court, which is yet to hear their plea.
Opposing Tiwari's plea, plaintiff Rohit Shekhar's lawyer Amit Sibal had said, “DNA report is a scientific evidence and the truth should come out as early as possible.”
He had further submitted that Tiwari is an old man and if any thing happens to him, the suit will become infructuous. Accordingly, the court must decide the matter at the earliest, he had added.
After hearing all the submissions, the bench had told Tiwari's counsel, “It is a piece of evidence, how can you say that the piece of evidence can't be opened. It is an open trial and the evidence has to be recorded.”
In his appeal, Tiwari had pleaded with the court to protect his “right to reputation,” contending that the single-judge bench has adopted a “shortcut” to decide the suit and it would cause “grave injustice” to him.
In Dehra Dun, Tiwari today refused to face the media saying it should not be made an issue but asserted that he has no grudge against Rohit Shekhar.
“Yeh mera niji mamla hai, ise tul na dein. (This is my personal matter. Don't make it an issue),” he said in a statement here hours after the Delhi High Court said the DNA report confirmed Tiwari as the biological father of 32-year-old Delhi-based youth Rohit Shekhar.
Tiwari, however, refused to face the media with his OSD Bhavani Dutt Bhatt only distributing copies of his statement to journalists outside his residence.
The 87-year-old veteran Congress leader said he never wanted to create any controversy from the bottom his heart and soul.
“Due to my simplicity, at this point of my age, my trusted people hatched a conspiracy against me in a planned way. I have no remorse against them. My sympathy is with Mr Rohit Shekhar. I also have no grudge against Mr Rohit Shekhar,” he said.
Tiwari said he has always reposed faith in the judiciary and will always honour court verdicts. He said he wanted to make it clear that it was a fight of ego and personal interest between the two parties. “It is being done to get free publicity,” he said.
Describing himself as a follower of Mahatama Gandhi, Jawaharlal Nehru and other freedom fighters, Tiwari said he had the right to live in his own way which he said he still enjoys. “It is not appropriate to interfere in privacy of any body,” he said.
Tiwari also told the media that he has the right to live in his own way. “Don't make an issue out of the episode. Please cooperate with me in my development mission. We have a lot of work to do and have to lay foundation for the betterment of the coming generation,” he added.
