AIR 1980 SUPREME COURT 470 ::(1980) LS 18 ::1980 UJ (SC) 379 ::1980 (2) SCC 360 ::(1980) 3 Mah LJ 153 ::(1980) 1 APLJ 27 ::(1980) Ker LT 375 ::1980 (1) KantLJ 193 ::1980 (1) SCWR 396 ::ILR 1980 1 Kant 273

Supreme Court Of India

(From : Kerala)*

Hon'ble Judge(s): V. R. Krishna Iyer, R. S. Pathak , JJ

(A) Civil P.C. (5 of 1908) , S.51, O.21 R.37— Arrest and detention in civil prison - Judgment-debtor subsequent to the date of decree having no means to pay - Absence of mala fides and dishonesty - Arrest and detention is violative of Art. 11 of International Covenant on Civil and Political Rights and Art. 21 of Constitution of India. C.R.P. No. 1741 of 1979-A, D/- 9-7-1979 (Ker), Reversed. International Covenant on Civil and Political Rights (1966) , Art.11— Constitution of India , Art.21— The words "or has had since the date of the decree, the means to pay the amount of the decree" occurring in Section 51, C.P.C. may imply, if superficially read, that if at any time after the passing of an old decree the judgment-debtor had come by some resources and had not discharged the degree, he could be detained in prison even though at that later point of time @page-SC471 he was found to be penniless. This is not a sound position apart from being inhuman going by the standards of Art. 11 of International Covenant on Civil and Political Rights and Art. 21 of the Constitution.(Para 11) Where the judgment-debtor if once had the means to pay the debt but subsequently after the date of decree, has no such means or he has money on which there are other pressing claims; it is violative of Art. 11 o....