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

Detailed Legal Analysis

The State Intelligence Department in Shimla operates under the Himachal Pradesh Rent Control Act 2012 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 Himachal Pradesh 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 Himachal Pradesh High Court by a habeas corpus petition. The court has emphasized the need for oversight to prevent misuse of intelligence for arbitrary arrests.