Niyogi, J—This case and Miscellaneous Criminal cases Nos. 62 and 63 and Or. Rev. No. 460 of 1942 arise on applications made for writs of hebeas corpus to be issued under Section 491, Criminal P.C. The applicants were put on their trial in pursuance of Ordinance 2 of 1942 entitled the Special Criminal Courts Ordinance which was made and promulgated on 2nd January 1942 by the Governor. General in exercise of the powers conferred by Section 72, Government of India Act, as set out in Schedule 9, Government of India Act of 1935. By Section 1, Sub-section (3) of that Ordinance it was provided that it was to come into force in any Province if the Provincial Government, being satisfied of the existence of any emergency arising from any disorder within the Province or from a hostile attack on India or on a country neighbouring on India or from the imminence of such an attack, by notification in the official gazette, declared it to be in force in the Province. The words ''any disorder within the Province or from'' were originally not in the Ordinance but were subsequently inserted by ordinance 42 of 1942 which was made and promulgated by the Governor-General on 19th August 1942. The