Judgement

Appeal (No.44 of 1944) by the Crown, by leave of the Federal Court, from a judgment of that Court (Spens C.J., Varadachariar and Zafrulla Khan JJ) (August 31, 1943) dismissing eight appeals by the Crown against, orders and judgments of the High Court at Calcutta (June 3, 1943).

The orders and judgments of the High Court were made and delivered in respect of applications in the nature of habeas corpus proceedings made under s. 491 of the Criminal Procedure Code on behalf of nine persons, eight of whom were originally the respondents to this appeal, detained in various jails in pursuance of orders made under r. 26 of the Defence of India Rules on various dates between October 24, 1940, and March 8, 1943. The applications to the High Court were made on April 24, 1943, two days after the Federal Court in its judgment in Keshav Talpade v. King-Emperor (1) had declared that r. 26 was ultra vires of s.2, sub-s, 2 (x), of the Defence of India Act, 1939.

The main points for determination in this appeal were (a) whether the appeals from the High Court to the Federal Court and from the latter to His Majesty in Council were competent; (b) whether Talpades case ([ 1943] F. C. R. 49.)