Supreme Court issues contempt notice to acting AIIMS director over non-filing of affidavit
New Delhi: The Supreme Court has issued a contempt notice to the acting director of the All India Institute of Medical Sciences (AIIMS) and directed him to appear in person and provide an explanation for the non-filing of an affidavit in a matrimonial case.
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 observed that the most "objectionable" part was that it had been submitted by a person claiming to be the deputy secretary at AIIMS New Delhi, who was unauthorised to file the document.
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"We pause here to indicate that 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 bench said, news agency PTI reported.
The apex court was informed that there is no permanent director at 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, reports PTI.
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.
