Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 Supreme(SC) 2729

SUPREME COURT OF INDIA
DEEPAK VERMA, SUDHANSU JYOTI MUKHOPADHAYA, JJ.
(Vacation Bench)
Narayan Dutt Tiwari – Petitioner(s)
VERSUS
Rohit Shekhar & Anr. – Respondent(s)
Petition(s) for Special Leave to Appeal (Civil) No(s). 17622/2012 (From the judgement and order dated 27/04/2012 in FAO No.547/2011 of the High Court of Delhi at New Delhi)
Decided On : 24-05-2012

Advocates appeared:
For the Petitioner(s): Mr. Gopal Subramanium, Sr. Adv. Mr. Anirudh Sharma, Adv. Mr. Abhishek Seth, Adv. Mr. Anubhav Kumar, Adv. Mr. Vishal Kumar, Adv.
For the Respondent(s): Mr. Amit Sibal, Adv. Ms. Vedanta Verma, Adv. Ms. Ruby Singh Ahuja, Adv. Ms. Pragya, Adv. Mr. Vibhor, Adv. Mr. Ishan Goel, Adv. Mr. Mohit Chadha, Adv. Mr. Sachin Midha, Adv. Mr. Rishabh Maheshwari, Adv.

The court emphasized the importance of protecting the confidentiality of DNA testing and ensuring the rights of the petitioner, leading to the directive for the collection and analysis of the blood sample in a confidential manner.

Headnote:
DNA Testing - Confidentiality - The court directed the collection of the petitioner's blood sample for a DNA profile test in confidentiality and the subsequent analysis by a designated center, with specific instructions for the handling and forwarding of the test report.
Fact of the Case:

The court directed the collection of the petitioner's blood sample for a DNA profile test in confidentiality and the subsequent analysis by a designated center.
Finding of the Court:

The court found that certain protection with regard to confidentiality of the whole matter had to be granted to the petitioner due to his old age and restricted mobility.
Issues: The issue involved the protection of confidentiality and the collection of the petitioner's blood sample for a DNA profile test.
Ratio Decidendi: The court's decision was based on the need to ensure the confidentiality of the DNA testing process and the protection of the petitioner's rights, considering his old age and restricted mobility.
Final Decision: The Special Leave Petition was dismissed, but the court directed the collection of the petitioner's blood sample for a DNA profile test in confidentiality and the subsequent analysis by a designated center, with specific instructions for the handling and forwarding of the test report.

ORDER

1. Having heard the learned senior counsel for Petitioner and after perusal of the record, we are not inclined to interfere with the impugned order. The Special Leave Petition is, accordingly, dismissed.

2. 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.

3. 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, the 29th May, 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 Centre for DNA Fingerprinting and Diagnostics (CDFD), Bldg.7, Gruhakalpa, 5-4-399/B, Nampally, Hyderabad - 500 001 for analysis, by a Special Messenger of Delhi High Court who shall not be below the rank of Assistant Registrar. After 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 Delhi High Court who will place the said Report before the Court.

4. We direct the Petitioner to remain himself present at his residence i.e. Anant Van, FRI Campus, Dehradun, Uttarakhand, on Tuesday, the 29th May, 2012, positively.

5. 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.

6. The Secretary General of this Court is directed to forward a copy of this Order by Fax to the Registrar General of Delhi High Court, Registrar General of Uttarakhand at Nainital, 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.

7. The impugned order of the High Court stands modified to the extent as stated above.

8. 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.

Please click following link for High Court Order :

(From the judgment and order dated 27/04/2012 in FAO No.547/2011 of the High Court of Delhi at New Delhi)

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