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etitions to the Supreme Court under Article 32 are subject to the rule of Res judicata except
Quo Warrnto
Habeas Corpus
Certiorari
Prohibition
The principle of res judicata is not applicable in the writ of habeas corpus. The writ of Habeas corpus is enjoined by the Constitution to protect the right of a person illegally detained and the courts will become powerless to enforce it if res judicata is applied That would amount to whittling down the wide sweep of the constitutional protection. (Ghularn Sarwar v. Union Of India & Ors 1967A1R 13351.
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