- (1.) THESE two Rules were issued under Article 226 of the Constitution of India and are directed against notices issued by the Government under Section 21 (1) (a), West Bengal Security Act (XIX [19] of 1960) against the petitioner restraining him from entering or remaining within the district of 24 -Parganas.
(2.) ON 28 -4 -1950 a notice was issued by the District Magistrate of 24 -Parganas externing the petitioner from the said district for a period of three months. This period was subsequently extended on 7 -8 -1950 by a further period of another three months. The petitioner moved this Court and on 23 -8 -1950 obtained a rule (civil Rule 1179 of 1950) asking the opposite party to show cause why the order extending the period of externment should not be cancelled. This rule was made returnable on 5th September following. On 4 -9 -1950 an order dated 2nd September issued by the Joint Secretary in the Home Department of the Government was served on the petitioner, rescindirg the earlier order dated 7 -8 -1960 against which the High Court had already issued a Rule. A fresh order was also issued by the Joint Secretary, Home Department externing the petitioner from the District of 24 -Parganas for an unlimited period. On 5th September civil Rule No. 1179 of 1950 came up for hearing. On the facts stated above being brought to the notice of the Court an order was recorded that the rule had become in fructuous but that the question of costs would be considered if the petitioner took any step against the fresh order for externment as issued by the Joint Secretary Home Department. The petitioner on the next date, 6th September, filed a petition in this Court and obtained a rule (civil Rule 1348 of 1950) questioning the validity of the order dated 2nd September restricting his movement for an unlimited period. This rule was made returnable on 18th September. On 15th September the Joint Secretary Home Department issued another order rescinding the earlier order dated 2nd September which was the subject -matter of the rule pending in this Court. Simultaneously, a fresh order was issued by the Joint Secretary, Home Department, externing the petitioner from the District of 24 -Parganas for a period of three months from that date. On 19th September the petitioner filed still another application questioning the validity of the order dated 15 -9 -1950. Another rule was issued (C. R. 1415/50) thereafter.
(3.) CIVIL Rules 1348 and 1450 of 1950 in respect of the two orders issued by the Joint Secretary, Home Department have now been set down for hearing.;