Grounds - Definition - Law Dictionary Home Dictionary Definition grounds

Definition :

Grounds, 'Grounds' within the contemplation of s. 8(1) of the Maintenance of Internal Security Act, 1971 means 'materials' on which the order of detention is primarily based. Apart from con-clusions of facts, 'grounds' have a factual constituent, also. They must contain the pith and substance of primary facts but not subsidiary facts or evidential details. This requirement as to the communication of all essential constituents of the grounds, Vakil Singh v. State of J&K, AIR 1974 SC 2337: (1975) 3 SCC 545.

Grounds mean all the basic facts and materials which have been taken into account by the detaining authority in making the order of detention and on which therefore, the order of detention is based, Khudiram Das v. State of West Bengal, AIR 1975 SC 550: (1975) 2 SCC 81: (1975) 2 SCR 832.

'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, Smt. Shalini Soni v. Union of India, AIR 1981 SC 431: (1980) 4 SCC 544: (1971) 1 SCR 962.

The expression 'grounds' in Article 22(5), and for the matter, in s. 3(3) of the COFEPOSA, includes not only conclusions of fact but also all the 'basic facts' on which those conclusions are founded, they are different from subsidiary facts so further particulars of these basic facts. The distinction between 'basic facts' which are essential factual constituents of the 'grounds' and their further particulars or subsidiary details is important. While the 'basic facts' being integral part of the 'grounds' must, according to s. 3(3) of COFEPOSA 'be communicated to the detenu, as soon as may be, after the detention, ordinarily not later than five days, and in exceptional circumstances sand for reasons to be recorded in writing, not later than 15 days from the date of detention', further particulars of those grounds, in compliance with the second constitutional imperative spelled out from Article 22(5) in Khudiram case, AIR 1975 SC 550: (1975) 2 SCC 81 are required to be communi-cated to the detenu, as soon as may be practicable, with reasonable expedition, Hansmukh v. State of Gujarat, AIR 1981 SC 28: (1981) 2 SCC 175: (1981) 1 SCR 353.

The concept of 'grounds' used in the context of de-tention in Article 22(5) of the Constitution and in sub-s. (3) of s. 3 of COFEPOSA, therefore, has to receive an interpretation which will keep it meaningfully in tune with contemporary notions. While the expression 'grounds' for that matter includes not only conclusions of fact but also all the 'basic facts' on which those conclusions were founded, they are different from subsidiary facts or further particulars or the basic facts, Prakash Chandra Mehta v. Commissioner and Secretary, Government of Kerala, AIR 1986 SC 687 (699): (1985) Supp SCC 144: (1985) 3 SCR 697 [Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (52 of 1974); s. 3 (3)]

The words 'grounds' used in clause (5) of Article 22 means not only the narration or conclusions of facts, but also all materials on which those facts or conclusions which constitute 'grounds' are based, Sophia Gulam Mohd Bham v. State of Maharashtra, AIR 1999 SC 3051 (3054):(1994) 6 SCC 393. [Constitution of India, Art. 22(5)]

The concept of grounds used in the context of detention in article 22(5) has to receive an interpretation which will keep it meaningful in tune with contemporary notions of the realities of the society, and the purpose of the Act in the light of concepts of liberty; and fundamental freedoms. While the expression 'grounds' for that matter includes not only conclusions of fact but also all the basic facts on which those conclusions were founded; they are different from subsidiary facts of further particulars of the basic facts. The detenu is entitled to obtain particulars as to the grounds which will enable him to make an effective representation against the order of detention, Union of India v. Paul Manickam, (2003) 8 SCC 342: AIR 2003 SC 4622 (4625). (Constitution of India, Art. 22)