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Issues Involved:
1. Immunity from detention due to serious illness under Section 59 of the Civil Procedure Code (CPC). 2. Interpretation of Section 51(c) CPC regarding the judgment debtor's means to pay and neglect to pay. 3. Application of International Covenants on Civil and Political Rights, particularly Article 11, in the context of imprisonment for inability to fulfill a contractual obligation. Issue-wise Detailed Analysis: 1. Immunity from Detention Due to Serious Illness Under Section 59 CPC: The court examined whether the judgment debtor could claim immunity from detention in civil prison on the grounds of serious illness as per Section 59 of the Civil Procedure Code. The appellant argued that the debtor was not in a fit state of health for detention due to serious illness. The court acknowledged the humanitarian impulse of Section 59 CPC, emphasizing that driving a seriously ill person into a prison cell is brutal unless the objective is to inflict suffering. The court noted that the lower courts had not given serious consideration to the appellant's health condition and had misconceived the scope of Section 59 CPC. The court decided to remand the case for a fresh inquiry, allowing the debtor to present medical evidence of his serious illness. 2. Interpretation of Section 51(c) CPC Regarding the Judgment Debtor's Means to Pay and Neglect to Pay: The court elaborated on the interpretation of Section 51(c) CPC, which deals with the conditions under which a judgment debtor can be detained in civil prison for failing to pay a decree amount. It clarified that mere inability to pay does not justify detention; there must be contumacious or unworthy conduct on the part of the debtor. The court emphasized that the debtor must have had the means to pay after the decree was passed and must have refused or neglected to pay. The court also highlighted that past affluence could justify detention only if accompanied by a refusal or neglect to pay at that time. The court found that in the present case, there was a clear finding of the debtor's means to pay the decree debt, and no substantial change in circumstances or other demanding claims had been established. Therefore, the order for arrest and detention could not be held erroneous. 3. Application of International Covenants on Civil and Political Rights, Particularly Article 11: The appellant's counsel argued for a humanistic interpretation of the law, invoking Article 11 of the International Covenants on Civil and Political Rights, which states that "No one shall be imprisoned merely on the ground of inability to fulfill a contractual obligation." The court acknowledged the progressive perspective of these covenants, emphasizing the subordination of property rights to personal freedom. However, it clarified that while these covenants could inform judicial institutions and inspire legislative action, they did not create binding rules enforceable by municipal courts unless actual legislation was undertaken. The court noted that Section 51 CPC did not violate Article 11, as it allowed for detention only if the debtor had means and refused or neglected to pay. The court concluded that the interpretation of Section 51 CPC harmonized with the objectives of the International Covenants, but total immunity from arrest based on Article 11 was not warranted. Conclusion: The court set aside the orders of the lower courts and remanded the case to the court of first instance for a fresh inquiry into the debtor's health condition under Section 59 CPC. The court emphasized the need for a liberal interpretation of this provision and allowed both sides to present evidence on the limited point in issue. The court also addressed the broader implications of international human rights covenants, affirming their inspirational value while recognizing the limitations of their direct applicability in domestic courts.
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