Introduction:

The Kerala High Court clarifies the maintainability of successive habeas corpus petitions, stating that fresh grounds can be raised in successive petitions, but challenging the same detention order is not allowed even on new grounds. This ruling emphasizes the importance of preventing vexatious attempts to revisit decisions on the validity of detention orders.

Arguments:

In a case involving the petitioner-wife filing a second habeas corpus petition challenging the same detention order under the Kerala Anti-Social Activities (Prevention) Act, 2007, the petitioner argued that fresh grounds warranted a successive petition. The Public Prosecutor contended that successive writ petitions for habeas corpus were barred under Article 226, suggesting recourse to the Supreme Court.

Court’s Observations:

The court distinguishes between habeas corpus petitions of simpliciter and those challenging detention orders. While successive petitions with new grounds are permissible for the former, the court maintains that challenging the same detention order is not allowed, even with fresh grounds. It refers to key judgments and emphasizes that res judicata applies to habeas corpus petitions, preventing repetitive challenges to the same detention order.