- (1.) This is a Rule on the Opposite Party to show cause why a writ in the nature of a mandamus should not be served on the latter to refrain from giving effect to the order of externment issued on the 6th September externing the petnr. from the town of Calcutta & the districts of Hooghly, Howrah & 24 Parganas.
(2.) The petnr.'s case is that he has been domiciled in Bengal since 1919. He has got immovable properties in Bengal & carries on business & he is also employed as the Head Clerk in the Anglo Indian Jute Mill at Jagatdal in the district of 24 Parganas. He is actively associated with different trade union Bodies. As a resident within the Bhatapara Municipality he had been a commissioner of the said Municipality & had also been for some time the elected Vice Chairman & Chairman for a certain period. He also claims to be associated with different public committees & associations for assisting the refugees from East Bengal.
(3.) On 9-5-1950 an order for externment was served upon him under Section 21 (1), West Bengal Security Act, 1950, externing him from the districts of Hooghly, Howrah 24 Parganas & the town of Calcutta. In obedience to the order of externment he kept himself away from the places mentioned in the notice for the required period of three months & returned to his home. A fresh notice was served upon him immediately on 9-9-1950 requiring him to keep himself out of the town of Calcutta & the three dists. previously mentioned. In this notice it is said : "That the Governor is satisfied that the said under mentioned person is likely to do subversive act namely an act likely to endanger communal harmony that is harmony in Jagatdal-area between Bengalee Hindus on the one hand and non-Bengalees both Hindus & Moslems on the other.";