Mr. Seervai Mr. Ashok Sen, Mr. Desai and Mr. Dattar, learned counsel for the detenus have, on the other hand, emphasized: (1) that preventive detention does not stand on the samefooting as punitive detention and while it cannot be gainsaid that persons who can be prosecuted and punished for offences against the law can also be preventively detained they cannot be punitively treated; (2) that considerations relevant for applica tions seeking relief of release by habeas corpus are not relevant to cases in, which conditions of detention fall for considera tion; (3) that the principle of legality and the doctrine of ultra vires are not abrogated even during the times of emergency and the exercise of power under section 5 of the Act must have a reasonable nexus with the purpose for which the power is conferred; (4) that if according to the majority judgment in Additional District Magistrate, Jabalpur vs Shiva Kant Shukla(1) even habeas corpus could issue in cases where the order is not duly authenticated then the conditions of detention can certainly be scrutinized and relief can be granted if those conditions are found to be illegal or ultra vires; (1) ; A.I.R. 1976 S,C. 1207.=[1976] Supp.