157. Executive enquiry regarding use of firearms by police.
(a)Whenever the police have used firearms, a full executive enquiry to ascertain whether the firing was justified and whether these regulations were obeyed, shall be held as soon as it can possibly be arranged -(i)by the Commissioner, if a District Magistrate, an Additional District Magistrate, a Superintendent, an Additional Superintendent or the Commandant, Eastern Frontier Rifles was concerned in firing;(ii)by the District Magistrate or an Additional District Magistrate, if a Sub-divisional Magistrate, an Assistant Superintendent or Deputy Superintendent or an Assistant Commandant, Eastern Frontier Rifles, was so concerned ; and otherwise;(iii)by the District Magistrate, Additional District Magistrate, Sub-divisional Magistrate or Magistrate selected by the District Magistrate.(b)If a District Magistrate or a Commissioner so directs or if a Range Deputy Inspector-General or the Superintendent of the district concerned so desires a police officer of rank superior to that of the police officer concerned in the occurrence and not below the rank of Inspector shall be associated with the enquiry. Such officer shall have the right to examine witnesses and his opinion on the case shall be submitted together with the Magistrate's or Commissioner's report, The police officer attending the enquiry should write out his report immediately after the enquiry is over.(c)The executive enquiry shall be independent of any enquiries made by the police or by a Magistrate under the Code of Criminal Procedure but evidence recorded in such enquiries may be used.(d)The report prescribed in regulation 156 shall be laid before the officer holding the enquiry.(e)The representation of parties by legal practitioners shall not be allowed at the enquiry: but any police officer whose conduct is at issue shall be allowed to examine and cross-examine witnesses and to make statements orally or in writing.(f)On completion of the enquiry, the officer who has held it shall at once send a report to the Provincial Government through the usual channel and make over a copy to the Superintendent or the Deputy Inspector-General of the Range, as the case may be, for submission to the Inspector-General.
