JUDGMENT

Varadachariar, C.J. - At this stage, it does not seem necessary to recapitulate the facts of the case. It is sufficient to state that the appellant had preferred an appeal to this Court against an order of the High Court at Bombay dismissing his application Under Section 491, Criminal P.C. The dismissal was based on the view that the Defence of India Act, 1939 and Rule 26 framed thereunder were valid and that the appellant's detention under that rule was therefore not illegal or improper. At the hearing of the appeal, this Court agreed with the High Court that legislation providing for the "preventive detention" of persons for reasons of State connected with defence, etc., was within the competence of the Indian Legislature; but, as regards Rule 26 of the Defence of India Rules, the Court held that it was invalid as going beyond the rule-making power conferred upon the Central Government by para. (10) of Section 2(2), Defence of India Act. It was further held that where a matter is specifically covered by any of the paragraphs of Sub-section (2), rules relating to that matter must conform strictly to the conditions laid down in the paragraph and that it is not permissible t