The Supreme Court recently issued a contempt notice to Dr Nikhil Tandon, acting director of the All India Institute of Medical Sciences (AIIMS), New Delhi, over the failure to file an affidavit sought by the Court in a matrimonial dispute involving a court-ordered DNA test.
The dispute concerns a DNA examination of the parties and their child, which the Court had directed AIIMS to conduct.
However, AIIMS informed the Court that the official responsible for carrying out the test had retired, making it impossible to undertake the exercise.
Taking note of the explanation, the Court had earlier observed that AIIMS could have sought permission to engage the retired expert, particularly given the importance of the DNA test and the institution’s role in assisting the Court. It subsequently impleaded the director of AIIMS and called for an explanation.
When the matter came up on May 27 before a Bench of Justice Ahsanuddin Amanullah and Justice R Mahadevan, counsel informed the Court that the director had demitted office and that a deputy secretary had been authorised to file the affidavit instead.
The Bench objected, noting that the explanation had specifically been sought from the director and could not be furnished by another officer merely on authorisation.
The proceedings took another turn when the Court was informed that AIIMS presently had no regular director and was being headed by an acting director. Counsel submitted that the acting director had not filed an affidavit because he was functioning only in a temporary capacity.
The Bench found the explanation untenable and proceeded to issue a contempt notice against Dr Tandon.
“We are not only surprised but shocked at the said response. Any person who is on a post, either in substantive capacity or in acting capacity, has to take responsibility and perform the duty of the post held by him/her in whatever capacity it may be. We will not give benefit of doubt to the present Director/Acting Director of any ignorance.
Accordingly, in the Court’s tentative view, the present Acting Director, AIIMS, New Delhi has committed contempt. Accordingly, Dr Nikhil Tandon, Acting Director, AIIMS, New Delhi, is impleaded as party respondent no. 4. Notice in contempt is issued against him,” the Court said.
The acting director has now been added as a party to the proceedings and directed to remain personally present before the Court on July 7 with an explanation.
In the meantime, the DNA test has been conducted and the results confirmed a match between the parties. The Court disposed of that aspect of the matter and directed the petitioner’s counsel to place the DNA report before the Allahabad High Court, where the underlying dispute is being heard.
