Examveda

A person whose petition for Habeas Corpus has been refused by the High Court on merits, seeks to move the Supreme Court by an original petition. According to the Constitutional Law of India.

A. His petition in the Supreme Court is barred by the rule of res judicata

B. His petition is maintainable because his right to move the Supreme Court for the enforcement of his fundamental right is itself a fundamental right which cannot be limited by rule of res judicata

C. He can approach the Supreme Court only by way of appeal and not by original petition

D. He can move the Supreme Court for the same writ because the rule of res judicata will not apply in this case

Answer: Option D


This Question Belongs to Law >> Constitution Of India

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