JUDGMENT

Mitter, J. - The nine persons on whose behalf applications u/s 491, Criminal P.C. have been made before us by their relations have been detained in different jails in pursuance of orders passed under Rule 26, Defence of India Rules, on diverse dates between 24th October 1940 and 8th March 1943. Those applications were made on 24th April 1943 after the Federal Court had declared the said rule to be ultra vires Section 2, Sub-section (2), Clause (x), Defence of India Act (35 of 1939), in AIR 1943 1 (Federal Court) . On the same date, nine rules were issued on the Crown to shew cause why the said persons should not be released, Those rules came on for hearing/before us on 7th May 1943. At an early stage of the hearing, seven out of the nine detenus applied to us to give them facilities to swear affidavits in jail. We granted their prayer. They swore affidavits and those affidavits have been put on the record with liberty to the Crown to file affidavits in answer. Another affidavit sworn by Dr. Nalinaksha Sannyal, a member of the Bengal Legislative Assembly and a first cousin of Sasanka Sekhar Sannyal, one of the detenus, was put before us. The Crown objected to the reception o