New Delhi, June 5 (IANS) The Supreme Court has issued a contempt notice to the Acting Director of the All India Institute of Medical Sciences (AIIMS), New Delhi, after expressing shock over the failure to comply with its direction requiring the institution’s head to personally furnish an explanation in a pending matter concerning a DNA test report.
A Bench of Justices Ahsanuddin Amanullah and R. Mahadevan took strong exception to an affidavit filed by a Deputy Secretary of AIIMS instead of the Director, despite a specific direction passed on April 16 requiring the Director to submit an explanation.
Recording its displeasure, the apex court said that the “most objectionable part” of the affidavit was that it had been filed by one Nishant Kumar, claiming to be Deputy Secretary at AIIMS, New Delhi, as an authorised officer rather than by the Director.
“We had specifically sought explanation to be furnished by the Director, AIIMS and it is not within the discretion of any person to submit his/her explanation by authorising someone else to do the same,” the Justice Amanullah-led Bench observed.
During the hearing, counsel appearing for AIIMS submitted that there was currently no permanent Director at AIIMS, New Delhi, and that the previous Director had demitted office about two to three weeks earlier.
It was further stated that the present incumbent was only holding charge in a temporary capacity.
The Justice Amanullah-led Bench, however, rejected the explanation and said it was “not only surprised but shocked” by the 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,” the apex court said.
The top court added that it was not inclined to extend any benefit of doubt to the current head of the institution and held that, prima facie, the Acting Director had committed contempt.
Accordingly, the Supreme Court impleaded Dr Nikhil Tandon, Acting Director, AIIMS, New Delhi, as a party respondent and issued a notice in contempt proceedings against him.
“He shall be personally present along with his explanation on the next date of listing, i.e., 07.07.2026 at 12: Noon,” the order said.
On the merits of the case, the Justice Amanullah-led Bench took note of a DNA analysis report submitted by the Department of Forensic Medicine and Toxicology, AIIMS, New Delhi. The report concluded: “DNA profile of A**h K****p is matching with DNA profile of Bimal Kishore and Pratibha Kashyap. Hence, Bimal Kishore is biological father of A**h K****p.”
In view of the findings contained in the DNA report, the apex court held that the miscellaneous applications pending before it no longer required adjudication and accordingly disposed of them. However, the matter will remain listed before the apex court on July 7 solely for the appearance of the Acting Director and consideration of his response to the contempt notice.
The Supreme Court directed that copies of the DNA report be supplied to the parties concerned.
It further ordered that the original report be handed over to the petitioner’s counsel for onward transmission to the petitioner.
The Justice Amanullah-led Bench also directed the petitioner’s counsel to place the DNA report before the concerned High Court, which would thereafter proceed with the matter in accordance with law.
–IANS
pds/dpb
