N D Tiwari moves SC challenging DNA test in paternity suit

Challenging the order of DNA test, the 85-year-old leader pleaded for immediate stay on the High Court order as the process of the test has already been set in motion by the court in a three year old paternity battle filed by 31-year- old man claiming to be his biological son.

"The impugned judgement is based on mere presumption, surmises and conjectures," Tiwari said adding, "The High Court gravely erred in observing that in the facts and circumstances of the case, there is an eminent need for DNA test".

In his 31-page appeal filed by advocate A D N Rao, the former Governor of Andhra Pradesh submitted that such tests are not 100 percent accurate and it cannot be relied upon.

"The High Court has also erred in not appreciating that the law of scientific tests is not always 100 percent foolproof," he said contending that the court erred in looking only at the purported interest of the child while totally ignoring the concept of balancing the same with his rights.

A single-judge bench of the high court had on December 23 asked Tiwari to undergo a DNA test on the paternity suit filed by Rohit Shekhar who claims to be his biological son born out of the leader's alleged relationship with his mother Ujjawala Sharma.

The court had asked him to undergo the test saying that wider interest of a child of not being declared a bastard has to be kept in mind.

The politician then approached a division bench of the High Court which refused to grant him relief on the DNA test and also imposed a cost of Rs 25,000.

Tiwari, who has held the posts of Chief Minister of undivided Uttar Pradesh and later Uttarakhand,  had opposed the paternity suit filed by Shekhar.

Tiwari, who was forced to resign as Governor in the midst of allegations of sexual misconduct, had countered the charges claiming that he never had any physical relationship with Ujjawala, who is also a Congress activist, and Shekhar was not entitled to seek a DNA test as a matter of right.