Power to make order detaining certain persons

(1) The State Government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order and there is reason to fear that the activities of anti-social elements can not be prevented otherwise than by the immediate arrest of such person, make an order directing that such anti-social element be detained. (2) If, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate, the State Government is satisfied that it is necessary so to do, it may by an order in writing direct, that during such period as may be specified in the order, such District Magistrate may also, if satisfied as provided in sub-section (1) exercise the powers conferred upon by the said sub-section: Provided that the period specified in an order made by the State Government under this sub-section shall not, in the first instance exceed three months, but the State Government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding three months at any one time. (3) When any order is made by District Magistrate, he shall forthwith report, the fact to the State Government together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than 12 days after the making thereof unless, in the meantime, it has been approved by the State Government: Provided that where under Section 17 the grounds of detention are communicated by the officer making the order after five days but not later than ten days from the date of detention, this sub-section shall apply subject to the modification that, for the words "twelve days", the words "fifteen days" shall be substituted. [12A. Grounds of detention severable. - (1) Where a person has been detained in pursuance of an order of detention whether made before or after the commencement of the Jharkhand Control of Crimes Act, 2002 under section 12 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 ground(s) is or are.- (i) vague; (ii) non-existent; (iii) non-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 12 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 the section with reference to the remaining ground or grounds].

otherwise than by the immediate arrest of such person, make an order directing that such anti-social element be detained.

1. (2) If, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate, the State Government is satisfied that it is necessary so to do, it may by an order in writing direct, that during such period as may be specified in the order, such District Magistrate may also, if satisfied as provided in sub-section (1) exercise the powers conferred upon by the said sub-section: Provided that the period specified in an order made by the State Government under this sub-section shall not, in the first instance exceed three months, but the State Government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding three months at any one time.
2. (3) When any order is made by District Magistrate, he shall forthwith report, the fact to the State Government together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than 12 days after the making thereof unless, in the meantime, it has been approved by the State Government: Provided that where under Section 17 the grounds of detention are communicated by the officer making the order after five days but not later than ten days from the

date of detention, this sub-section shall apply subject to the modification that, for

the words "twelve days", the words "fifteen days" shall be substituted. [12A. Grounds of detention severable. - (1) Where a person has been detained in pursuance of an order of detention whether made before or after the commencement of the Jharkhand Control of Crimes Act, 2002 under section 12 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-

1. (a) such order shall not be deemed to be invalid or inoperative merely because one or some of the ground(s) is or are.-
   • (i) vague;
   • (ii) non-existent;
   • (iii) non-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 12 with reference to the remaining ground or grounds and made the order of detention.
2. (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 the section with reference to the remaining ground or grounds].