The Madurai Bench of the Madras High Court has dismissed a second Habeas Corpus Petition filed by Mirthunaj Kumar challenging the preventive detention of his brother Rohit Kumar under the Tamil Nadu Act 14 of 1982. The order was passed on August 18, 2025, by a Division Bench comprising Justice S.M. Subramaniam and Justice G. Arul Murugan.
Case Background
The petitioner’s brother, Rohit Kumar, aged 27, was detained as a “Goonda” by the Theni District Collector through a detention order dated September 4, 2024. Earlier, the petitioner had challenged the same detention in HCP(MD) No.1399 of 2024. That petition was dismissed by the High Court on April 29, 2025. Instead of approaching the Supreme Court, the petitioner filed another Habeas Corpus Petition (HCP(MD) No.718 of 2025) before the Madurai Bench, questioning the same detention order.
“The doctrine of constructive res judicata is inapplicable to cases of illegal detention and does not bar a subsequent petition for a writ of habeas corpus on fresh grounds.”
The petitioner also cited the Madras High Court decision in Revathi vs State of Tamil Nadu (2024 (2) LW (Crl) 610), where a second Habeas Corpus Petition had been entertained.
The State, represented by the Additional Public Prosecutor, opposed the plea, relying on Boominathan vs State of Tamil Nadu (HCP(MD) SR No.10405 of 2023). It was argued that a second Habeas Corpus Petition against the same detention order is not maintainable if the grounds were already available but not raised earlier.
The Bench clarified that while res judicata principles do not apply to habeas corpus petitions, a second petition can only be entertained if it is based on grounds not available at the time of filing the first petition.
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A second Habeas Corpus Petition is maintainable only if the grounds taken were not available to the detenue at the time of filing or adjudication of the first petition. In no other circumstances can a second petition be entertained.
Case Title: Mirthunaj Kumar vs The State of Tamil Nadu & Others
Case Number: H.C.P.(MD) No.718 of 2025
