HARRIES,C.J. - (1.) THIS is a rule issued by the Court calling upon the District Magistrate of West Dinajpur to show cause why a writ in the nature of mandamus or prohibition should not issue with respect to an order of externment made by the said District Magistrate.
(2.) THE matter first came before Sinha J. who referred the hearing of the petition to a Bench in view of the importance of the questions raised. The petition has accordingly been heard by this Bench. On 11 -6 -1950, Sri R. Banerji, District Magistrate of West Dinajpur made the following order: 'Whereas I am satisfied that the person known as Sri Khagendra Nath De alias Battu, son of late Surendra Nath De of Rangpur (Pak.) and of Balurghat it doing a subversive act: Now, therefore, with a view to preventing the said person from doing such Act, in exercise of the power conferred by clause (a) of Sub -section (1) of Section 21, West Bengal Security Act 1950 (West Bengal Act XIX [19] of 1950), which I have been empowered to exercise under; Government order No. 3501H. S., dated 24 -4 -1948, read with Section 40 of the said Act, I hereby direct (1) that the said person shall not, at any time after 24 hours of service of this order, be in any place in this district of West Dinajpur.'
(3.) ON 22 -6 -1940 the District Magistrate modified this order and permitted Khagendra Nath De to remain in the district for 72 hours before being compelled to leave.;