Narayan Dutt Tiwari vs Rohit Shekhar & Anr

Having heard the learned Senior Counsel for the petitioner and after perusal of the record, we are not inclined to interfere with the impugned order

[Rohit Shekhar v. Narayan Dutt Tiwari, FAO (OS) No. 547 of 2011, decided on 27-4-2012 (Del).] . The special leave petition is, accordingly,

dismissed.

However, we still feel that certain protection with regard to confidentiality of the whole matter has to be granted to the petitioner. We have been

informed that presently, the petitioner is residing at Anant Van, FRI Campus, Dehradun, Uttarakhand and is not in a position to move freely on

account of his old age.

We, therefore, direct that the Civil Surgeon of Government Hospital at Dehradun along with a pathologist, the District Judge of Dehradun and the

Joint Registrar, Original Side of the Delhi High Court, would visit the residence of the petitioner on Tuesday, 29-5-2012 at 10.30 a.m. and the

pathologist would take the blood sample of the petitioner in confidentiality in their presence for DNA profile test and the said sample shall be sent in a

proper seal immediately to the Centre for DNA Fingerprinting and Diagnostics (CDFD), Building 7, Gruhakalpa, 5-4-399/B, Nampally, Hyderabad 500

001 for analysis, by a special messenger of the Delhi High Court who shall not be below the rank of Assistant Registrar. After the test of DNA

profile, the Centre for DNA Fingerprinting and Diagnostics (CDFD), Hyderabad will forward the report of the analyst as soon as possible by a special

messenger in a sealed cover to the Registrar General of the Delhi High Court who will place the said report before the Court.

We direct the petitioner to remain himself present at his residence i.e. Anant Van, FRI Campus, Dehradun, Uttarakhand, on Tuesday, 29-5-2012,

positively. The respondents, if they so desire, may remain present either in person or through their representatives and also a representative of the

petitioner may remain present at the aforesaid date and time of taking blood sample of the petitioner at his residence.

Respondents, if they so desire, may remain present either in person or through their representatives and also a representative of Petitioner may

remain present at the aforesaid date and time of taking blood sample of the Petitioner at his residence.

The Secretary General of this Court is directed to forward a copy of this order by fax to the Registrar General of the Delhi High Court, the

Registrar General of Uttarakhand at Nainital, the District Judge of Dehradun and the Head of the Centre for DNA Fingerprinting and Diagnostics

(CDFD), Hyderabad, forthwith. The District Judge, Dehradun is directed to inform of this order to the Civil Surgeon, Government Hospital, Dehradun

immediately so as to take necessary steps for collecting the blood sample of the petitioner.

The impugned order [Rohit Shekhar v. Narayan Dutt Tiwari, FAO (OS) No. 547 of 2011, decided on 27-4-2012 (Del).] of the High Court stands

modified to the extent as stated above.

We also make it clear that this order would be without prejudice to any of the parties as the civil suit is still pending in the court below.