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Friday, November 26, 2021

Res Judicata in PILs (Public Interest Litigations) - Views of the Supreme Court

 




INTRODUCTION

 

Today, I will talk about the case of National Confederation of Officers Association of Central Public Sector Enterprises and Others v. Union of India and Others, 2021 SCC OnLine SC 1086, wherein the Hon’ble Supreme Court discussed the applicability of the Principle of Res Judicata to Public Interest Litigations (PILs) in India.

 

SECTION 11 OF CPC

 

Basically, Section 11 of the Code of Civil Procedure embodies the principle of res judicata and bars the court from deciding issues which have been directly or substantially in issue in an earlier proceeding between the same parties and have been finally decided. It is also pertinent to note that “before a plea of res judicata can be given effect, the following conditions must be proved: -

 

a. The litigating parties must be the same;

b. The subject-matter of the suit also must be identical;

c. The matter must be finally decided between the parties; and

d. The suit must be decided by a court of competent jurisdiction.”

 

Thus, aforesaid are the basic conditions in relation to the Principle of Res Judicata. Now, in order to understand whether the principle of Res Judicata is applicable to Public Interest Litigations or not, let us go through the pertinent observations by the Court.

 

OBSERVATIONS BY THE COURT

 

Firstly, the Court noted that though the principle of res judicata has been applied to public interest litigations, “yet courts have been circumspect in denying relief in matters of grave public importance, on a strict application of procedural rules.”

 

Secondly, the Court cited the celebrated case of Daryao v. State of U.P., (1962) 1 SCR 574, wherein it was held that if a Petition “is dismissed in limine without passing a speaking order then such dismissal cannot be treated as creating a bar of res judicata.” According to the Court, if a Petition is dismissed in limine without a speaking order, then it would be open to argue that there was no substance in such a petition; however, without a speaking order, it would be not be proper for the court to hold that “such a summary dismissal is a dismissal on merits and as such constitutes a bar of res judicata against a similar petition.”

 

Thirdly, the Court observed that “while determining the applicability of the principle of res judicata under Section 11 of the Code of Civil Procedure 1908, the Court must be conscious that grave issues of public interest are not lost in the woods merely because a petition was initially filed and dismissed, without a substantial adjudication on merits.”

 

And lastly, the Court also cautioned that “there is a trend of poorly pleaded public interest litigations being filed instantly following a disclosure in the media, with a conscious intention to obtain a dismissal from the Court and preclude genuine litigants from approaching the Court in public interest. This Court must be alive to the contemporary reality of “ambush Public Interest Litigations” and interpret the principles of res judicata or constructive res judicata in a manner which does not debar access to justice.”

 

SUMMARY AND CONCLUSION

 

Those were the observations of the Court. In conclusion, following important points emerge: -

 

a. The Principle of Res Judicata under S. 11 of CPC does apply on Public Interest Litigations.

b. While attracting the bar of Res Judicata on a Public Interest Litigation, the Court must take into consideration the grave issues of public interest or importance involved in the case.

c. If a Public Interest Litigation “is dismissed in limine without passing a speaking order then such dismissal cannot be treated as creating a bar of res judicata.”

d. The Courts must be cautious of poorly pleaded Public Interest Litigations that are filed with an intent to obtain a dismissal from the Court and preclude genuine litigations.

e. The Principle of Res Judicata must be interpreted in a manner that does not debar access to justice.

 

Therefore, I hope that the applicability of the Principle of Res Judicata on Public Interest Litigations is clear by now.  

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