Mr. Mani relied particularly on the decision of the Federal Court in Basanta Chandra Ghose vs King Emperor(1) where it was held by this Court that Ordinance No. III of 1944 did not take away the power of the court to investigate and interfere with orders of detention or deprive the court of its power to pass orders under section 491 of the Criminal Procedure Code and the court was still at liberty to investigate whether an order purporting to, have been made under r. 26 of the Defence of India Rules and deemed to be made under .the Ordinance or a new order purporting to be made under the ,Ordinance was in fact validly made, in exactly the same way as immediately before the promulgation of the Ordinance; and if on a consideration the Court came to the conclusion that it was not (1) 57 validly made on any ground other than the ground that r. 26 of the Defence of India Rules was ultra vires section 10 of the Ordinance would no more prevent it from so finding than section 16 of the Defence of India Act did.