JOLLY GEORGE VERGHESE & ANR. vs THE BANK OF COCHIN

The Supreme Court held that under Section 51 and Order 21, Rule 37 of the Code of Civil Procedure, mere default in payment does not justify the detention of judgment-debtors in civil prison. The Court emphasized that there must be evidence of bad faith or refusal to pay, and that the debtor's current financial situation must be considered. The Court ruled that detaining a debtor solely due to poverty violates Article 21 of the Constitution and international obligations under Article 11 of the International Covenant on Civil and Political Rights, thus allowing the appeal and setting aside the warrant of arrest.