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Petitions to the Supreme Court under Article 32 are subject to the rule of Res Judicata, except

Ghulam Sarwar held that dismissal of a habeas corpus petition by a High Court does not operate as res judicata to bar an original Article 32 petition in the Supreme Court.…

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Petitions to the Supreme Court under Article 32 are subject to the rule of Res Judicata, except

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Ghulam Sarwar held that dismissal of a habeas corpus petition by a High Court does not operate as res judicata to bar an original Article 32 petition in the Supreme Court. This protects personal liberty. It is not an unrestricted entitlement to keep relitigating an identical petition in the same court; the judgment distinguishes successive applications within the same High Court and fresh evidence.

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