The Chief Justice.-These are applications filed under section 491 of the Code of Criminal Procedure on behalf of certain persons ostensibly detained under the provisions of Madras Act I of 1947, praying that they may be set at liberty on the ground that they were being illegally and improperly detained. Some of the applications were filed on or before 25th May, 1948, while the rest of the applications were filed subsequent to that date. Objection was taken that the applications were not maintainable on account of section 16-A of the Act which was inserted by clause 4 of Ordinance No. II of 1948 promulgated by His Excellency the Governor on 25th May, 1948. It runs thus:

"Nothing in section 491, sub-sections (1) and (2), of the Code of Criminal Procedure, 1898, shall apply to any person detained, or deemed to have been detained, under section 2 of this Act by the Provincial Government or any officer or authority authorized by them in that behalf."

In reply to this objection, learned counsel for the ‘petitioners raised objections to the validity of section 16-A of the Act and also contended that in any event it would not apply to any of the petitions either actually pending on