Supreme Court issues contempt notice to AIIMS acting director
The Supreme Court issued contempt notice to the acting director of All India Institute of Medical Sciences for failing to personally file an affidavit in a matrimonial case, calling the conduct unacceptable. The court also relied on AIIMS DNA report confirming biological paternity
New Delhi: Taking strong exception to the non-filing of an affidavit in a matrimonial case, the Supreme Court has issued a contempt notice to the acting director of the All India Institute of Medical Sciences (AIIMS) here and sought an explanation from him on the issue.
A bench of Justices Ahsanuddin Amanullah and R Mahadevan said the AIIMS director was impleaded in the case on April 16
and directed to submit an explanation by filing an affidavit. The court said an affidavit has been filed and the most “objectionable” part of it is that one Nishant Kumar, who claims to be the deputy secretary in AIIMS-New Delhi, was authorised to file the document.
“We pause here to indicate that we had specifically sought explanation to be furnished by 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 bench said.
The apex court was informed that there is no permanent director in AIIMS-New Delhi as of now. “On a further query, as to why the person currently holding the charge of director has not filed the explanation, the answer is that he is only in temporary capacity,” the court said, adding that it is not only “surprised but shocked” at 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. We will not give benefit of doubt to the present Director/Acting Director of any ignorance,” the bench said.
“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. Cause title be amended accordingly. He shall be personally present along with his explanation on the next date of listing, i.e., July 7, 2026 at 12 noon, treating it as part-heard,” the bench said.
With regard to the case, the apex court took note of a DNA analysis report submitted by the Department of Forensic Medicine and Toxicology of the AIIMS. The report concluded that the DNA profile of a child matched the profiles of the parties and confirmed that the individual concerned was the biological father of the child.
