GHULAM SARWAR versus UNION OF INDIA & ORS.

GHULAM SARWAR versus UNION OF INDIA & ORS.

The dismissal of a habeas corpus petition by the High Court does not operate as res judicata barring the Supreme Court from entertaining a petition under Article 32; the President can issue multiple orders under Article 359(1) for different classes, including foreigners, without violating Article 14, given a valid nexus with the object sought; detention under s. 3(2)(g) of the Foreigners Act for investigation into a conspiracy is not mala fide.

Parties
Petitioner: Ghulam Sarwar; Respondents: Union of India & Ors.; Respondents: R. N. Sachthey
Jurisdiction
India
Judgment Date
15 December 1966
Procedural Posture
Writ Petition / Final Disposition
Outcome
Petition dismissed
Legal Topics
Habeas Corpus, Detention, Res Judicata, Fundamental Rights, President's Orders Under Article 359, Foreigners Act
Constitutional Law Administrative Law Criminal Law Habeas Corpus Detention Res Judicata Fundamental Rights President's Orders Under Article 359 +1 more

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Parties

Ghulam Sarwar

Petitioner

Union of India & Ors.

Respondents

R. N. Sachthey

Respondents

Procedural Posture

Writ Petition / Final Disposition

Legal Issues

  1. 1 Whether the order of the High Court operates as res judicata to bar a petition under Article 32 for habeas corpus
  2. 2 Whether the President can issue more than one order under Article 359(1) applicable to distinct classes of persons
  3. 3 Whether the President's order suspending rights of foreigners violates Article 14

Ratio Decidendi

The dismissal of a habeas corpus petition by the High Court does not operate as res judicata barring the Supreme Court from entertaining a petition under Article 32; the President can issue multiple orders under Article 359(1) for different classes, including foreigners, without violating Article 14, given a valid nexus with the object sought; detention under s. 3(2)(g) of the Foreigners Act for investigation into a conspiracy is not mala fide.

Court Disposition

Petition dismissed

Orders

  • No right for petitioner to move Supreme Court under Article 32 again on same facts.
  • Petitioner has no right to move the court for enforcement of Article 14 per President's order relating to foreigners.