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november 2006

Supreme Court of India · 2006-11-22

Srikant vs District Magistrate, Bijapur & Ors

Citation / case number
2006 AIR SCW 6355
Court
Supreme Court of India
Petitioner
Srikant
Respondent
District Magistrate, Bijapur & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court addressed the legality of a detention order under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985, challenging the dismissal of a habeas corpus petition. The Court held that the principle of res judicata does not apply to habeas corpus petitions concerning personal liberty, allowing for successive petitions if new grounds are presented. The Court ultimately upheld the High Court's dismissal of the petition due to lack of new grounds, reinforcing the procedural requirements under Article 22(5) of the Constitution.

Srikant vs District Magistrate, Bijapur & Ors · Niyam