Meredith, J.

1. This rule has been issued upon an application under Article 226 of the Constitution of India for a writ of habsas corpus in favour of one Ratan Roy, who was in detention under an order dated 19th January 1950, made under the provisions of Bihar Act III [3] of 1950. This Bench held recently in the case of Brahme-shwar Prasad, (on. Misc. No. 977 of 1949, decided on 14th February 1950) : (A. I. R. (37) 1950 Pat 265) that the detention provisions of Act III [3] of 1950 had become void from 26th January 1950, on the coming into force of the New Con-stitution. Consequently, if the matter had rested there, we would, without more, have had to pass an order for the release of the petitioner. But it appears that on the day following that judgment, namely, 16th February 1950, an Ordinance (Bihar ordinance No. II [2] of 1950--The Bihar Preventive Detention Ordinance, 1950) was made and promulgated by the Governor of Bihar under el. (1) of Article 213 of the Constitution, and a fresh detention order was made under this Ordinance on 16th and served on the petitioner the same day.

2. Mr. Basanta Chandra Ghosh on behalf of the petitioner objected that the promulgation of th