Page:Digitized version of Jammu and Kashmir Public Safety Act, 1978.pdf/10

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PUBLIC SAFETY ACT, 1978

157

[1][10-A. Grounds of detention severable.–– Where a person has been detained in pursuance of an order of detention under section 8 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––
(a) vague,
(ii) non-existent,
(iii) not relevant,
(iv) not connected or not proximately connected with such person, or
(v) invalid for any other reasons 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 8 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 that section with reference to the remaining ground or grounds.]

11. Detention orders not to be invalid or inoperative on certain grounds.–– No detention order shall be invalid or inoperative merely on the ground,––

(a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the officer making the order ; or
(b) that the place of detention of such person is outside the said limits.

12. Powers in relations to absconding persons.–– If the Government, or an officer specified in sub-section (2) of section 8, as the case may be, has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, the Government or the officer may––

(a) make a report in writing of the fact to a Magistrate of the First Class having jurisdiction in the place where the said person ordinarily

  1. Section 10-A inserted by Act IV of 1985, s. 3.