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november 2006

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.

SRIKANT vs DISTRICT MAGISTRATE, BIJAPUR . · Niyam