section 9
Ground of the detention severable
The Meghalaya Preventive Detention Act, 1995Criminal199518 sections
Statutory text
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.
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