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Section 6: Detention orders not to be invalid or inoperative on certain grounds

The Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum-Grabber…State Act of Karnataka · Act 12 of 1985

No detention order shall be invalid or inoperative merely by reason,-

(a) that the person to be detained thereunder though within the State is outside the limits of the territorial jurisdiction of the officer making the order, or

(b) that the place of detention of such person, though within the State, is outside the said limits.

1 [6A. Grounds of detention severable.- Where a person has been detained in pursuance of an order of detention under sub-section (1) or sub-section (2) 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 the 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 the officer making the order of detention shall be deemed to have made the order of detention under the said sub-section (1) or sub-section (2), after being satisfied as provided in sub-section (1) with reference to the remaining ground or grounds.]1

1. Inserted by Act 22 of 1987 w .e.f. 20.1.1987

Where this provision sits

ActThe Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum-Grabbers and Video or Audio Pirates Act, 1985
Section6
Marginal noteDetention orders not to be invalid or inoperative on certain grounds
JurisdictionState of Karnataka
StatusIn force as published by the source

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