SUPREME COURT OF INDIA
SARKARIA,RANJIT SINGH
LALLUBHAI JOGIBHAI PATEL – Appellant
Versus
UNION OF INDIA & ORS. – Respondent
/ 0
15-12-1980
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Page 1 of 9
PETITIONER:
LALLUBHAI JOGIBHAI PATEL
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT15/12/1980
BENCH:
SARKARIA, RANJIT SINGH
BENCH:
SARKARIA, RANJIT SINGH
REDDY, O. CHINNAPPA (J)
CITATION:
1981 AIR 728 1981 SCR (2) 352
1981 SCC (2) 427
CITATOR INFO :
R 1981 SC1621 (8)
RF 1981 SC2084 (1)
R 1982 SC1500 (8)
RF 1990 SC 605 (6)
ACT:
Conservation of Foreign Exchange and Prevention of
Smuggling Activities Act 1974-Section 3-Scope of-Detenu if
could file a second petition for writ of habeas corpus after
dismissal of the first petition-First petition, if operates
as constructive res judicata-Constitutional imperatives
under Art 22(5)- What are.
Constructive res judicata-Grounds not taken in earlier
petition for writ of habeas corpus-Second petition if barred
by constructive res judicata-If applicable in illegal
detentions.
Words and phrases-Commnunicate-Meaning of-Explaining
the grounds of detention without giving them to the detenu
in writing-If amounts to communication.
HEADNOTE:
After dismissal by this Court of the petition impugning
the order of his detention under section 3 of the
Conservation of Foreign Exchange and Prevention of Smuggling
Activities Act, 1974 the petitioner filed the present
petition urging additional grounds which were not urged in
the previous petition. He alleged that (i) despite his
request for the supply of all the documents relied upon by
the detaining authority while passing the order of detention
the respondent failed to do so; (ii) that many of the
documents were either incomplete or had been wholly withheld
and in particular 236 documents out of 460 documents
purported to have been supplied to him were not supplied;
(iii) that though his representation dated July 17, 1980 for
revocation of the detention order was forwarded by the
jailer to the Central Government it had not been disposed of
and (iv) that lastly serving the grounds of detention in
English which is a language not known to him, without
supplying a translation in his mother tongue, was a breach
of the constitutional imperative embodied in Art. 22(5) and
that for these reasons the order of detention should be held
void.
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Page 2 of 9
A preliminary objection was raised on behalf of the
respondent State that the present petition was barred as
constructive res judicata.
Overruling the preliminary objection,
^
HELD: In the present petition fresh additional grounds
had been taken by the detenu to challenge the legality of
his continued detention. Therefore the subsequent writ
petition is not barred as res judicata. [359 B-C]
1. By a long line of decisions this Court has held that
the application of the doctrine of constructive res judicata
is confined to civil actions and civil proceedings. This
principle of public policy is entirely in-applicable to
illegal detentions and does not bar a subsequent petition
for the writ of habeas corpus
353
under Art. 32 of the Constitution on fresh grounds which
were not taken in the earlier petition for the same relief.
[359 A-B]
Ghulam Sarwar v. Union of India & Ors. [1967] 2 S.C.R.
271, Daryao v. State of Uttar Pradesh A.I.R. 1961 SC.
1457=[1962] 1 S.C.R. 574, Niranjan Singh v. State of Madhya
Pradesh [1973] 1 S.C.R. 691 and Calcutta Gas Co.
(Proprietary) Ltd. v. State of West Bengal, A.I.R. 1965 S.C.
596 referred to.
2(a). One of the constitutional imperatives embodied in
Art 22(5) of the Constitution is that all the documents and
materials relied upon by the detaining authority in passing
the order of detention must be supplied to the detenu as
soon as practicable to enable him to make an effective
representation. [360 G]