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IN THE HIGH COURT OF DELHI AT NEW DELHI
CS(OS) 700/2008
SHRI ROHIT SHEKHAR ..... Plaintiff
Through: Mr. Amit Sibal with Mr. Vedanta
Varma, Mr. Giriraj Subramanium,
Ms. Shraddha Deshmukh,
Mr. Vibhor Kush and Mr. Raghav
Awasthi, Advocates
versus
SHRI NARAYAN DUTT TIWARI and ANR. ..... Defendants
Through: Mr. Bahar U. Barqi, Advocate
for D-1.
Mr. Gaurav Mitra and Mr. Mohit
Chadha, Advocates for D-2.
CORAM:
HON?BLE MS. JUSTICE REVA KHETRAPAL
O R D E R
20.07.2012
IA No.13025/2012 (under Section 151 CPC)
This is an application filed by the defendant No.1 seeking a
direction that the DNA report received by this Court on 2nd July, 2012 be
kept sealed and confidential till the conclusion of the entire trial.
Reference is made in the application to the order passed by the Hon?ble
Supreme Court in Special
CS(OS)700/2008 Page 1 of 4
Leave Petition (Civil) No.17622 of 2012, which reads as follows:-
?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
CS(OS)700/2008 Page 2 of 4
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.?
It is sought to be urged on the basis of the aforesaid order that
the confidentiality of the DNA report received by this Court is to be
maintained till the conclusion of the trial. This Court does not find
any such observations made by the Hon?ble Supreme Court in the said
order. All that is stated in the order is that the Civil Surgeon of the
Government Hospital at Dehradun along with a Pathologist, the District Judge of Dehradun and the Joint Registrar of this Court would visit the
residence of the petitioner on Tuesday, the 29th May, 2012 and the
Pathologist would take the blood sample of the petitioner in
confidentiality in their presence for DNA profile testing and said sample
shall be sent in a proper seal immediately to the Centre for DNA
Fingerprinting and Diagnostics (CDFD)at Hyderabad for analysis by a
Special Messenger of the Delhi High Court. It is further directed that
after test of DNA profile, the Centre for DNA Fingerprinting and
Diagnostics (CDFD), Hyderabad will
CS(OS)700/2008 Page 3 of 4
forward the report of the Analyst as soon as possible by a Special
Messenger in a sealed cover to the Registrar General of this Court, who
will place the said report before the Court. The very fact that the
report has been directed to be placed before this Court, in my opinion,
means that the report is to be unsealed in the presence of the parties
and its contents made known to the parties. This is ordinarily the
practice and procedure adopted by all Courts when diagnostic and forensic
reports are received by the Court.
With the aforesaid observations, the present application is
dismissed with the direction to the parties and/or their authorized
representatives to remain present on 27th July, 2012 at 2.30 p.m. for
opening of the sealed cover containing the report.
A copy of this order be given dasti to the counsel for the
defendant No.1, as prayed.
REVA KHETRAPAL, J.
JULY 20, 2012
km
CS(OS)700/2008 Page 4 of 4
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