5AGrounds of detention severable
1[5A. Grounds of detention severable.--Where a person has been detained in pursuance of an order of detention under sub-section (1) of section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly--
(a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are--
(i) vague,
(ii) non-existent,
(iii) not relevant,
(iv) not connected or not proximately connected with such person, or
(v) invalid for any other reason whatsoever,
and it is not, therefore, possible to hold that the Government or officer making such order would have been satisfied as provided in sub-section (1) of section 3 with reference to the remaining ground or grounds and made the order of detention;
(b) the Government or officer making the order of detention shall be deemed to have made the order of detention under the said sub-section (1) after being satisfied as provided in that sub-section with reference to the remaining ground or grounds.]
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1. Ins. by Act 35 of 1975, s. 2 (w.e.f. 1-7-1975).
- 1 Short title, extent and commencement
- 2 Definitions
- 3 Power to make orders detaining certain persons
- 4 Execution of detention orders
- 5 Power to regulate place and conditions of detention
- 5A Grounds of detention severable
- 6 Detention orders not to be invalid or inoperative on certain grounds
- 7 Powers in relation to absconding persons
- 8 Advisory Boards
- 9 Cases in which and circumstances under which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Board
- 10 Maximum period of detention
- 10A Extension of period of detention
- 11 Revocation of detention orders
- 12 Temporary release of persons detained
- 12A Special provisions for dealing with emergency
- 13 Protection of action taken in good faith
- 14 Repeal