Meredith, J.

1. This is an application under Sec. 491, Criminal P. C. and also under Article 226, Constitution of India, made on behalf of one Brahmeshwar Prasad through and by his brother Rudreshwar Prasad. This detenu was a teacher in the Naugachia High English School. He was arrested on 3rd March 1949 under Section 161, Criminal P. C., and lodged in the Bhagalpur Camp Jail where he has been in custody ever since. On 13th March, there was a detention order under Act V [5] of 1947. That Act having been declared ultra vires and having been replaced by an Ordinance, there was a fresh detention order under the Ordinance on 6th June. That Ordinance in turn, was declared-ultra vires by this Court, and was replaced by Ordinance IV [4] of 1949, under which a fresh order was made and served on 6th July. On 6th December, the present application was preferred. A rule was issued, and 16th January was fixed for hearing. It eventually came up on 18th January, this Court having in the meanwhile held that the provisions in the Ordinance for reference to an Advisory Council and report by that Council, were mandatory, and non-compliance would make the detention illegal. The Government Advo