5AGrounds of detention severable
1[5A. Grounds of detention severable.—Where a person has been detained in pursuance of an order of detention whether made before or after the commencement of the National Security (Second Amendment) Act, 1984 (60 of 1984)] under 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 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 section after being satisfied as provided in that section with reference to the remaining ground or grounds.]
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1. Ins. by Act 60 of 1984, s. 2 (w.e.f. 21-6-1984).
- 1 Short title and extent
- 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 Grounds of order of detention to be disclosed to persons affected by the order
- 9 Constitution of Advisory Boards
- 10 Reference to Advisory Boards
- 11 Procedure of Advisory Boards
- 12 Action upon the report of the Advisory Board
- 13 Maximum period of detention
- 14 Revocation of detention orders
- 14A Circumstances in which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Boards
- 15 Temporary release of persons detained
- 16 Protection of action taken in good faith
- 17 Act not to have effect with respect to detentions under State laws
- 18 Repeal and saving