Vivian Bose, J—This order will govern Misc. Criminal cases Nos. 57, 69 and 70 of 1942. We have before us a number of applications under Section 491, Criminal P.C., the section popularly known as the habeas corpus section, and the first point we have to consider is whether the right to apply subsists. The learned Advocate-General contends that it does not, and though he admits that the section has not been expressly repealed or abrogated he contends that the effect of the Defence of India Act (Act 85 of 1939) read with the rules is to render it nugatory. Now it is beyond dispute that this Court has no power to issue the writ of habeas corpus, see Pratulchandra Mitra v. Commandant Hijli Detention Camp, 1934 AIR(Cal) 259 following Girinda Nath v. Birendra Nath, 1927 AIR(Cal) 496 and no one contends that the powers conferred by Section 491 are as wide as those under the Habeas Corpus Act. But one matter is common, namely, the right of any person detained within the limits of this Court's appellate jurisdiction, whether by Government or by any one else, to apply to this Court and demand, either that he be ''dealt with according to law'' or that he be ''set at liberty.'' Fundamen