The Delhi High Court on Friday ruled that veteran Congress leader N D Tiwari cannot be compelled to give blood sample for his DNA test to determine a youth's paternity but said his persistent refusal can lead to the presumption that he is his father.

Justice Gita Mittal while deciding 85-year-old Tiwari's plea challenging the December 23, 2010, order of the high court which had asked him to give

his blood sample for DNA test said that Tiwari cannot be physically compelled or confined for submitting a blood sample for DNA profiling to implement its December 2010 judgement.

Referring to Tiwari's persistent refusal to give his blood sample as per the court direction, Justice Mittal said
the refusal by Tiwari to submit blood sample is willful, malafide, unreasonable and unjustified. Such refusal is taken on record.

Justice Mittal said the impact of this refusal by Tiwari while evaluating the evidence produced by parties, may be

treated as corroborative evidence leading to the presumption that the result of DNA profiling of the defendant's blood sample would have supported the plaintiff Rohit Shekhar's
claim of being Tiwari's biological son.