Section 8 in Bihar Anti Terrorist Squad Rules, 2014
8. Investigation and prosecution related functions of the Squad.
(1)The Squad shall suo motu investigate offences pertaining to terrorist activities as referred to appendix IV-Part A.(2)The Squad, under the orders of the Director General or a competent Court, shall also take over the investigation of offences by anti national elements as referred to appendix IV-Part B.(3)The offences as referred to appendix IV-Part C, such as dealings in Fake Indian Currency Notes, smuggling of narcotics, automated fire arms, or explosives, Hawala or money laundering, citizenship, visa and passport frauds involving foreign nationals, cyber crimes, and other organized crimes, which at any stage of investigation indicate a nexus with terrorism shall also be taken over by the Squad under the order of the Director General or a competent Court.(4)The Inspector General of the Anti Terrorist Squad shall be competent to issue orders for registration of a Preliminary Enquiry based on Intelligence Report or specific or generic cases based on Source Information. A preliminary enquiry should be completed within a period of three months and if sufficient evidence is brought forward upon verification, it may be converted into an FIR.(5)It shall be mandatory upon all units of the State Police to inform the Anti Terrorist Squad as expeditiously as possible on any terrorist incident occurring in any police station of the State. The officers of the concerned unit shall continue to discharge their legal responsibilities until the matter reported has been duly registered for investigation by the Squad.(6)Cases that are taken over by the Squad for investigation after a relatively long period of time will not be re-registered upon handover of the case from the original Police Station to ATS Police Station.(7)The powers to control the investigation of cases shall be vested with the Inspector General, ATS who shall constitute sufficient number of investigation teams and allocate supervisory and technical officers for the on-going investigations. He shall pass the Final Order on completion of the investigation.(8)The cases shall be supervised by officers of and above the rank of Additional Superintendent, who shall submit their Supervision Notes and Progress Reports to the Inspector General. Supervision shall involve participation in investigation as well. The Plan of Investigation may be collectively drawn. The supervisory officer can communicate with the agencies of the Central Government or other State Governments on the matters of investigation and prosecution. The supervisory officers should monitor searches, review the questionnaires for examination of suspect or accused persons, and monitor trials. They should ensure observance of ethical practices and lawful procedures by the investigating officers.(9)Any officers of the ATS of, or above, the rank of Sub-Inspector may, subject to the order of the Inspector General, exercise throughout the State of Bihar, any of the powers of the officer-in-charge of the Police Station for the purpose of investigation. The police personnel below the rank of Sub-Inspector shall assist in investigation, court procedures, etc.(10)Female police personnel will be required to be present during the custody, or recording of the statement of women, or search and inquiries in a residential area.(11)Customary forensic and cyber forensic labs and photography section shall be established in the Squad. The scientific /technical officers shall collect evidence from the scene of crime or any place, and process, examine, and analyze it themselves and whenever necessary, also get it examined by competent laboratories/ institutions outside.(12)The Assistant Prosecution Officer of the Squad shall advise on legal matters during the course of investigation. They shall be responsible for vetting the final report, presenting exhibits, documents and witnesses in the court, conducting trials, monitoring appeals and revisions, preparing the rejoinder to the writs and petitions filed before the court from time to time, etc. Special counsels may be engaged on payment basis for the prosecution of special cases.(13)The offences investigated by the ATS shall be tried in the court having territorial jurisdiction over the offence committed. However, the cases originally registered in the ATS Police Station will be transmitted to the Chief Judicial Magistrate, Patna. In future, as the necessity arises, special designated courts can be created for exclusive trial of acts of terrorism.(14)The Police Inspectors and higher officers in the Squad authorized by the Inspector General will be eligible to travel by air to different parts of the country whenever so demanded by the urgency of the task or in view of the risk attached to the accused in custody.Inspector General shall obtain approval/post-facto approval for such travelling from the Director General.(15)The Director General may issue order to attach any member of the state police to the Squad for an enquiry or investigation upon recommendation by the Inspector General.(16)The Inspector General shall communicate upon the matters of investigation and prosecution with the NCB-India or the International Criminal Police Organization (Interpol), foreign data suppliers, such as the service providers, etc., whenever there are connections abroad. If legal assistance is needed abroad, he can correspond with the Ministries of Home and External Affairs through the State Government. The Inspector General shall also execute a Letter Rogatory himself or authorize execution by any officer on his behalf.(17)An up-to-date mobile cyber lab and appropriate technological applications with secure networking shall be in place for quick processing of digital evidence.(18)There shall be a state-of-the-art interrogation set-up in place.(19)The Squad shall draw a specific witness protection strategy in each case and may accordingly take legal measures to protect the witness during court proceedings.(20)The Medical officer of the Squad shall be competent to collect bio-medical clues from scene of crime, issue injury reports, interpret medico-legal reports and examine the accused, etc.(21)A language lab will be developed in the Squad for learning communication skills and different languages. Services of professional translators will be hired to interpret the statements/documents and they will be cited as witnesses.
