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"....Communication of the grounds presupposes the
formulation of the grounds and formulation of the
grounds requires and ensures the application of the
mind of the detaining authority to the facts and
materials before it, that is to say to pertinent and
proximate matters in regard to each individual case
and excludes the elements of arbitrariness and
automatism (if one may be permitted to use the
word to describe a mechanical reaction without a
conscious application of the mind). It is an
unwritten rule of the law, constitutional and
administrative, that whenever a decision making
function is entrusted to the subjective satisfaction
of a statutory functionary, there is an implicit
obligation to apply his mind to pertinent and
proximate matters only eschewing the irrelevant
and the remote. Where there is further an express
statutory obligation to communicate not merely the
decision but the grounds on which the decision is
founded, It is a necessary corollary that the
grounds communicated, that is, the grounds so
made known, should be seen to pertain to pertinent
and proximate matters and should comprise all the
constituent facts and materials that went in to
make up the mind of the statutory functionary and
not merely the inferential conclusions. Now, the
decision to detain a person depends on the
subjective satisfaction of the detaining authority.
The Constitution and the statute cast a duty on the
detaining authority to communicate the grounds of
detention to the detenu. From what we have said
above, it follows that the grounds communicated to
the detenu must reveal the whole of the factual
material considered by the detaining authority and
not merely the inferences of fact arrived at by the
detaining authority. The matter may also be looked
at from the point of view of the second facet of
Article 22(5). An opportunity to make a
representation against the order of detention
necessarily implies that the detenu is informed of
all that has been taken into account against him in
arriving at the decision to detain him. It means that
the detenu is to be informed not merely, as we said,
of the inferences of fact but of all the factual
material which have led to the inferences of fact. If
the detenu is not to be so informed the opportunity
so solemnly guaranteed by the Constitution
becomes reduced to an exercise in futility. Whatever
angle from which the question is looked at, it is
dear that "grounds" in Article 22(5) do not mean
mere factual inferences but mean factual inferences
plus factual material which led to such factual
inferences. The 'grounds' must be self-sufficient and
self-explanatory. In our view copies of documents to
which reference is made in the 'grounds' must be
supplied to the detenu as part of the 'grounds'.