SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1981 Supreme(SC) 398

A.P.SEN, BAHARUL ISLAM, O.CHHINNAPPA REDDY
Kavita Wife Of Sunder Shankardas Devidasani – Appellant
Versus
State Of Maharashtra – Respondent


Judgment

ORDER:- This is an application under Art. 32 of the Constitution for the issue of a Writ of Habeas Corpus to release the detenu, Sunder Shankardas Devidasani, detained under the provisions of the COFEPOSA. An identical writ petition on almost the same grounds was rejected by us on July 28, 1981 (since reported in AIR 1981 SC 1641) after a full-dressed debate. At that hearing the detenu was represented by Shri Ram Jethmalani. He is now represented by. Shri R. K. Garg. The grounds now taken in the petition are generally the same as the grounds taken then, except that the present petition contains a trenchant criticism of the judgment pronounced by us on July 28, 1981 and asks for a virtual review of the earlier judgment. Advantage has been taken of our ruling in Lallu Bhai v. Union of India. (AIR 1981 SC 728) that the principle of res judicata is not applicable in all its vigour in applications for that issue of writs of Habeas Corpus, and, instead of filing a petition for review, the present independent writ petition has been filed. We have heard the learned counsel at great length and we are unable to find any ground justifying the admission of this writ petition. One groun


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top