Question

A person whose petition for Habeas Corpus has been refused by the High Court on merits, seeks to move the Supreme Court by an original petition. According to the constitutional law of India ___________________________.

• A. his petition in the Supreme Court is barred by the rules of res judicata
• B. his petition is maintainable because his right to move the Supreme Court for the enforcement of his fundamental right is itself a fundamental right which cannot be limited as rules of res judicata
• C. he can approach Supreme Court by appeal
• D. he can move the Supreme Court for the same writ because the rules of res judicata will not apply in this case

Answer 1

The correct option is D he can move the Supreme Court for the same writ because the rules of res judicata will not apply in this case

Write of Habeas Corpus is an issue against the illegal detention of any person. It is immuned from the principle of res judicata, which provides that matter once decided or refused on merits cannot be re-agitated in the same or any court. Therefore, the petition for issuing a writ of habeas corpus can be presented before the supreme court if it is refused by the supreme court on merits.