Setting aside the September 23, 2011 order of the single judge, a division of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw also imposed a cost of Rs 25,000 on 86-year-old Tiwari.
The court was critical of the single judge who had said the order asking Tiwari to undergo the DNA test for ascertaining the paternity of 32-year-old Rohit Shekhar, who had filed a suit against the Congress leader, was "un-implementable and unenforceable".
"We therefore allow this appeal and set aside the order dated September 23, 2011 ...We further deem it necessary to now clarify the procedure to be followed for compliance of the direction contained in the order dated December 23, 2010.
"Upon the respondent 1 (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 in its 31-page order.
The bench held that the single judge's ruling that the order asking Tiwari to give blood sample was un-implementable as it was fraught with physical coercion and intrusion on his rights under Article 21 (Right to life) of the Constitution, was not envisaged in any statutory provision governing civil litigation.
If an illegal occupant can be physically removed by the police following a court order then why a person cannot be forced to give blood sample in compliance of a judicial order with the use of force, the court said. (More) PTI AKI SJK PNM RKS VMN
