GHULAM SARWAR vs UNION OF INDIA & ORS.

The Supreme Court held that the order of the High Court dismissing the writ of habeas corpus does not operate as res judicata, as it is not a judgment applicable to fundamentally lawless orders. The Court emphasized that under Article 32, it must decide the merits of the petition regardless of the High Court's decision. The Court also examined the validity of Section 3(2)(g) of the Foreigners Act, 1946, and the President's order under Article 359(1), concluding that the detention was not mala fide and upheld the legality of the detention during the investigation of a conspiracy to smuggle gold.