section 5A
Grounds of detention severably.
The Maharashtra 1[Prevention of Dangerous Activities] Act, 1981General198120 sections
Statutory text
1[5A. Grounds of detention severable.— Where a person has been detained in pursuance of an order of detention 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 State Government or an officer mentioned in subsection (2) of section 3 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 State Government or such officer making the order of detention shall be deemed to have made the order of detention under the said section 3 after being satisfied as provided in that section with reference to the remaining ground or grounds.]
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