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Res Judicata in Habeas Corpus

Prerogative Writs & Extraordinary Remedies

Definition

The recognized exception in Indian constitutional law establishing that while res judicata applies to other writs, the dismissal of a Habeas Corpus petition does not bar a fresh petition if fresh detention facts, extended custody periods, or new illegalities arise.

Example

In Ghulam Sarwar v. Union of India, the Supreme Court confirmed that a successive petition for a writ of Habeas Corpus is maintainable if new factual developments show that continuous custody has become unconstitutional.