Setting aside a single judge bench's September 2011 order that 86-year-old Tiwari cannot be compelled to give his blood sample, a bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw said that police force can also be used if he continues to defy orders to undergo DNA test.
Allowing the plea of 32-year-old Rohit Shekhar, the bench disagreed with the single judge that the court can draw adverse inference if Tiwari refused to give his blood sample, saying, "Adverse inference cannot be a substitute to the enforceability of a court direction for DNA test".
"Adverse inference from non-compliance cannot be a substitute to the enforceability of a direction for DNA testing.
"The valuable right of the appellant (Shekhar) under the said direction to prove his paternity through DNA testing cannot be taken away by asking the appellant to be satisfied with the comparatively weak adverse inference," the bench said.
It further said police force can also used to compel Tiwari to give his blood sample.
With "the respondent one (Tiwari) continuing to defy the order, the single judge shall be entitled to take police assistance and use of reasonable force for compliance thereof," the bench said.
The bench passed the orders while hearing Shekhar's plea challenging the single judge's order which had stated that Tiwari cannot be compelled but an adverse inference can be draw from his repeated refusal to give his blood sample. (More) PTI AKI PNM UPT
