A bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw will decide the plea of Rohit Shekhar, who claims to be Tiwari's biological son and had challenged the high court's single-judge order of September 23, 2011.
The court had on February 28 reserved its order on Shekhar's plea which said the single-judge bench had failed to deal with Tiwari's "dismissive conduct" against its previous order to give his blood sample to decide his paternity suit.
The court had failed to consider if 86-year-old Tiwari is not compelled to submit his blood sample in compliance with the high court's earlier order, it would be difficult for him to get justice, Rohit had said in his plea against Tiwari, a former governor of Andhra Pradesh and a multi-term chief minister of undivided Uttar Pradesh and later of Uttarakhand.
Referring to the court's remark that Tiwari's failure in giving his blood sample for DNA test may lead to an adverse inference against him, while deciding the paternity suit, Rohit said that such an inference is not same as conclusive evidence.
Justice Gita Mittal had on September 23 last year held "Tiwari cannot be physically compelled or confined for submitting his blood sample for DNA profiling to implement the high court's December 2010 judgement." More PTI AKI AHA SJK PNM