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Shimla standoff puts spotlight on procedure in inter-state police operation

Himachal Police cites Delhi High Court guidelines; FIR registered as both sides defend action before court

4 min readShimlaFeb 27, 2026 02:02 PM IST

Himachal Police said it intervened to ensure adherence to due process and required the visiting team to seek transit remand and complete medical examination of the suspects before leaving the state.

A day-long standoff between teams of the Delhi and Himachal Pradesh police in Shimla has brought the focus on compliance with established procedures governing inter-state arrests, with both sides placing their versions on record and the matter now under judicial scrutiny.

Senior officers in Shimla said the Delhi Police team, comprising 15 to 20 personnel, was not in uniform and had not informed the local police before taking three persons into custody from a resort in Chirgaon. They also pointed to the alleged absence of prior intimation to the local police station, non-conduct of medical examination before moving the accused out of the state, and the presence of personnel from Haryana as indicators that the operation involved more than one state.

Himachal Police said it intervened to ensure adherence to due process and required the visiting team to seek transit remand and complete medical examination of the suspects before leaving the state. Officers cited the guidelines laid down by the Delhi High Court in Sandeep Kumar versus State (Government of NCT of Delhi) and others on December 12, 2019, which prescribe safeguards for police teams conducting arrest or search operations outside their jurisdiction.

Also read | The drama and the procedure: What happened when Delhi and Himachal cops faced off over arrest of 3 alleged Youth Congress workers?

Superintendent of Police, Shimla, Gaurav Singh, said an FIR has been registered at Police Station Chirgaon on a complaint by the resort owner, alleging abduction, theft and trespass. “The investigation is going on. The FIR was initially against unknown persons, but most of the suspects have now been identified. The matter is sub judice and we will proceed in accordance with law,” he said, adding that the transit remand was granted by the competent court after medical examination at Ripon Hospital.

In an earlier statement, Singh said Shimla Police received information from Chanshul Resort regarding a group of individuals in civilian clothes travelling in vehicles bearing registration numbers from outside the state who allegedly took away three persons and removed electronic equipment, including a DVR. Police teams from Shimla and Solan intercepted the vehicles at Shoghi, ISBT Shimla and Dharampur. Verification, he said, revealed that the individuals were police personnel from Delhi and Haryana acting in connection with a case registered in Delhi. The court of ACJM-II subsequently granted transit remand of about 18 hours.

The guidelines relied upon by Himachal Police require that officers travelling outside their state record reasons if acting without a warrant in urgent circumstances, contact the local police station in advance, carry relevant documents including the FIR, and make appropriate diary entries. They also mandate that transit remand be sought from the nearest Magistrate, who must apply judicial mind and ensure compliance with statutory safeguards under the CrPC and constitutional protections. The safeguards draw upon principles laid down by the Supreme Court in D. K. Basu v. State of West Bengal.

Also read | The law on interstate arrests: Who’s right and who’s wrong as Himachal Police and Delhi Police face off over procedure in the case of alleged Youth Congress workers?

Counsel appearing for the three suspects, advocate Sandeep Dutta, opposed the grant of transit remand before the court of ACJM-II Ekansh Kapil, contending that the arrest was illegal for want of procedural compliance and proper documentation.

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Advocate Nand Lal, representing the Delhi Police, maintained that the arrests were lawful and that the transit remand was granted on merits. He said two of the suspects were residents of Uttar Pradesh and one of Madhya Pradesh.

With an FIR now registered in Himachal Pradesh and the Delhi case proceeding separately, the legality of the operation and the competing claims over procedural compliance are expected to be tested in court.

Saurabh Parashar

Saurabh Parashar is an Assistant Editor at The Indian Express, primarily responsible for the publication’s coverage of Himachal Pradesh. He is a seasoned journalist with over 17 years of experience in print media, specializing in crime, legal affairs, and investigative reporting. Professional Background Education: He holds a Master’s degree in Mass Communication from Guru Jambheshwar University of Science & Technology (Hisar) and a Law degree from Himachal Pradesh University (HPU), Shimla. This legal background significantly informs his reporting on complex judicial and administrative matters. Career Path: Before joining The Indian Express in 2017, he spent 12 years with The Times of India. Core Beats: His primary focus is the socio-political landscape of the hill state, with a specific emphasis on the environment, forest conservation, drug menace (specifically "Chitta"), affairs related to tribal and archaeology and the unique challenges of governance in high-altitude regions. Recent Notable Articles (Late 2025) His recent reporting highlights the critical intersection of policy, law, and social safety in Himachal Pradesh: 1. "Himachal’s battle against Chitta: Why the border areas are most vulnerable" (Late 2025): An investigative look at the transit routes from Punjab and the impact on local youth. 2. "Shimla ropeway clears key hurdle as 820 trees face the axe :According to the Forest Survey of India’s 2021 assessment, 47.21 percent of Shimla’s 5,131 sq km geographical area is under forest cover (Nov 17, 2025). 3. "Himachal to handover 2.7427 ha of non-forest land for Shimla Ropeway: Given the land’s non-forest nature, RTDC and the state will not require permission from MoEFCC" (Nov 18, 2025) 4. "How the centuries-old Jodidara tradition is fading in Himachal’s Trans-Giri region: Jodidara: a form of fraternal polyandry—has long been part of Hatti tribal culture in the Trans-Giri region of Himachal Pradesh and adjoining Uttarakhand. It is believed to have evolved to prevent division of ancestral land and maintain unity among brothers in the harsh, mountainous terrain" (Aug 18, 2025) Legal & Agricultural Affairs "Kisan Sabha hails SC’s setting aside Himachal HC order to remove orchards from forest land" (Dec 18, 2025): Covering a major Supreme Court victory for farmers, where a High Court order to remove fruit-bearing apple orchards was overturned. "Himachal Cabinet nod to new tourism policy; focus on home-stays in tribal areas" (Dec 11, 2025): Detailing the legislative push to decentralize tourism and bring economic benefits to Lahaul-Spiti and Kinnaur. 3. Governance & Environment "Forest rights and development: Why Himachal is seeking more leeway from Centre" (Dec 19, 2025): Reporting on the legal hurdles faced by the state in infrastructure projects due to the Forest Conservation Act. "Cloudbursts and resilience: How Himachal’s remote villages are building back better" (Nov 2025): Following up on the long-term rehabilitation efforts after monsoon-related disasters. Crime especially cyber crimes, crypto currency etc: crypto currency: "Agents in uniform, motivational speeches, lavish parties: How a Himachal crypto con went unnoticed:A serial conman, a ‘Nelson Mandela Nobel Peace Award winner', and retired policemen got together to pull off a Rs 1,740-crore fraud" (Nov 10, 2023) Signature Beats Saurabh is recognized for his tenacious reporting on the state's drug epidemic. His deep familiarity with the topography and tribal culture of Himachal allows him to report from remote locations like Spiti, Pangi, Shillai, which are often overlooked by national media. His legal expertise makes him a primary choice for covering the Himachal Pradesh High Court on issues ranging from local body elections to environmental PILs. X (Twitter): @saurabh_prashar . ... Read More

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