Godse’s trial attracted a great deal of public attention and the newspapers naturally gave as much publicity to it as they could. This they could do legitimately in order to further their sales. The interest was due mainly to the personality of the individual who had been murdered and also because of the some-what unusual attitude taken up by the murderer. It cannot be said by any stretch of imagination that the headlines quoted above amounted to an approval of Godse’s crime. The public were interested in knowing what the murderer of Gandhiji had said in the course of his trial and the newspaper accordingly gave prominence to the circumstance that Godse had openly confessed his guilt but was trying to justify it on some ulterior grounds.

It is thus clear that although the detaining authority is not required to justify to the Court the order of detention by stating the grounds and particulars on which the order was made, he may have in appropriate cases to disclose such facts as would satisfy the Court that he (the detaining authority) was genuinely satisfied about the necesity of making the order. In particular, where on the facts averred by the detenu, it appears to the Court prima facie that there was no material before the detaining authority on which his subjective satisfaction was rationally possible, it is necessary for the detaining authority to place before the Court sufficient facts to rebut that conclusion.

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