409 I will deal with the constitutionality of section 16A(9) later but on the assumption that it is valid, it is plain that not only is a detenu in regard to whom the necessary declaration is made not entitled to be furnished with the grounds of detention or the material or information on which the grounds are based, but neither the Government nor the officer passing the order of detention can communicate or disclose the grounds, material or information they are deemed to refer to matters of State and against the public interest to disclose In view of this cast iron prohibition, it is difficult to see how, at least those detenus falling within sub sections (2) and (3) of section 16A can possibly establish, even prima facie a charge of factual mala fides It is the grounds of detention from which generally a plea of mala fides is spelt out and if the court has access to the grounds, the material and the information, it becomes possible to unravel the real motive of detention.