JUDGMENT

Zafrulla Khan, J. - (Varadachariar J. concurring.) (Cases Nos. 13 to 21 of 194,3), These appeals have been preferred by the Bengal Government against orders passed by the Calcutta High Court directing the release of nine persons who were being detained Under Rule 26, Defence of India Rules. The detention orders had been passed on various dates in the years 1940 and 1942. By a judgment given on 22nd April of this year, See Keshav Talpade v. Emperor ('43) 30 A.I.R. 1943 F.C. 1 this Court held Rule 26, Defence of India Rules to be ultra vires in that it went beyond the rule-making power conferred on the Central Government by the Defence of India Act. Immediately after this judgment was pronounced, the applications, out of which these appeals have arisen, were filed Under Section 491, Criminal P.C., praying for the release of the detenus concerned on the ground that their detention was illegal. On 28th April, the Governor-General promulgated an Ordinance, 14 of 1943, whereby the rule-making power of the Central Government under the Defence of India Act was made wider so as to cover the terms of Rule 26 as it had all along stood. The section was so worded as to make this change