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Section 9: Ground of the detention severable

The Meghalaya Preventive Detention Act, 1995, Act No. 5 of 1995State Act of Meghalaya · Act 5 of 1995

Where a person is detained in pursuance of a detention order which has been made on two or more grounds such detention order shall be deemed to have been made separately on such grounds and accordingly-

(a) Small such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds are-

(i) Vaguet;

(ii) Non-existent;

(iii) Not relevant;

(iv) Not connected or non proximately connected with such person; or

(v) Invalid for any other reason whatsoever, and it is not therefore, possible to hold that the authority making the order would have been satisfied as provided in sub-section (1) of section 3 with reference to the remaining ground or grounds for making the detention order; and

(b) The authority making the order shall be deemed to have made the detention order after being satisfied as provided in sub-section (1) of section 3, with reference to the remaining ground or grounds.

Where this provision sits

ActThe Meghalaya Preventive Detention Act, 1995, Act No. 5 of 1995
Section9
Marginal noteGround of the detention severable
JurisdictionState of Meghalaya
StatusIn force as published by the source

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