Falshaw, J.

1. This is a petition under Art. 226 of the Constitution filed by G. L. Salwan which has unfortunately come up for hearing rather belatedly, since it was admitted by this Court on 10-4-1957.

2. The petitioner challenges the vires of the Criminal Law Amendment Ordinance (No. 38) of 1944 under S. 4 of which an order was passed by the District Judge of Delhi on 19-3-1957 in connection with a criminal case which is pending against the petitioner and others on the basis of a case registered by the police under S. 120-B read with Ss. 420, 409 and 477-A, Indian Penal Code A charge-sheet was actually filed in connection with the case on 12-12-1956.

Briefly the background of the case is as follows: The petitioner is a displaced businessman evidently of some means from N. W. F. P. where apparently he had founded educational institutions for the public benefit. In Delhi in 1950 he founded a society which was registered under the Act of 1860 for the promotion of education called the "Salwan Education Trust". There seems to be no doubt that a sum exceeding Rs. 5,00,000.00 has been spent by the Trust on building, equipping and running a Boys High School, a Girls High School a