Supreme Court of India · 2006-11-22
SRIKANT vs DISTRICT MAGISTRATE, BIJAPUR .
- Citation / case number
- SC 2006/2987
- Court
- Supreme Court of India
- Petitioner
- SRIKANT
- Respondent
- DISTRICT MAGISTRATE, BIJAPUR .
- Author
- ARIJIT PASAYAT
- Bench
- LOKESHWAR SINGH PANTA ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985 does not bar successive habeas corpus petitions if new grounds are presented. The Court emphasized that the principle of res judicata does not apply to habeas corpus petitions concerning personal liberty. The dismissal of the appellant's petition by the Karnataka High Court was upheld as the grounds raised were not new, affirming the importance of procedural compliance under Article 22(5) of the Constitution.