KIRIT KUMAR CHAMAN LAL KUNDALIYA vs STATE OF GUJARAT & ORS.

The Supreme Court held that the doctrine of constructive res judicata does not apply to habeas corpus petitions under Article 32, allowing for the introduction of new grounds not raised in the High Court. The Court emphasized that the jurisdiction under Article 32 is guaranteed by the Constitution and is not discretionary, especially when there is a violation of Article 22(5). The High Court's reliance on the Secretary's endorsement regarding document relevance was deemed legally erroneous, leading to the overturning of the High Court's order.