‘Ambush PILs’ Filed To Preclude Genuine Litigants; Summary Dismissal Of Earlier Article 32 Petition Won’t Operate As Res Judicata
Case: National Confederation of Officers Association of Central Public Sector Enterprises vs Union of India
Coram: Justices DY Chandrachud and BV Nagarathna
Case No.: WP(C) 229 of 2014
Court Observation: 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. 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. The jurisdiction under Article 32 is a fundamental right in and of itself.
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Keywords
Ambush PILs, Genuine Litigants, Article 32, Res Judicata
