Does the State Intelligence Department in Mumbai have power to arrest or detain?

Detailed Legal Analysis

The State Intelligence Department in Mumbai operates under the Maharashtra Rent Control Act 1999 primarily for intelligence gathering and does not have direct powers of arrest or detention. If the intelligence department detects a cognizable offence, it must forward the information to the regular police for registration of an FIR and further action.

The Bombay High Court has clarified that intelligence inputs cannot be the sole basis for arrest without corroborating evidence and due process. However, in cases involving national security, the Special Branch may coordinate with the police and central agencies for action.

Any detention based solely on intelligence without legal sanction can be challenged before the Bombay High Court by a habeas corpus petition. The court has emphasized the need for oversight to prevent misuse of intelligence for arbitrary arrests.