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-

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

His petition in maintenance because his right to move the Supreme Court for the enforcement of his fundamental right is itself a fundamental right which cannot be limited as rules of res judicata

He can approach the Supreme Court by appeal

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

answer is D.

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Detailed Solution

The writ of Habeas Corpus is a legal defence against the wrongful detention of any person. It is exempt from the res judicata rule, which states that once a matter has been decided or rejected on the merits, it cannot be brought up again in the same or any court. If the high court rejects the request for a writ of habeas corpus on the merits, an appeal may be made under the watchful eye of the Supreme Court.
Hence, the correct option is 4.

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