Section 10 in Bihar Anti Terrorist Squad Rules, 2014
10. Legal rights and duties.
(1)The legal rights and duties enjoined upon the personnel of the Squad shall be governed by the Police Act, Police Manual,Service Conduct Rules, the Code of Criminal Procedure and the laws on terrorism and related crimes enforced from time to time and the directives and guidelines framed under the law by the State Government or the Director General of Police, Bihar.(2)In the context of "Terrorist Activities", as defined under the section 2 (g) of the Police Act, the role, functions, duties and responsibilities,as defined under the section 31 sub-clauses(c), (e),(f),(g),(l) and (p) of the Police Act shall be relevant.(3)The identity of Sources and agents supplying secret information to the Anti Terrorist Squad shall not be disclosed under the provision of Police Manual Rule 710 (b). Raids upon secret information shall also necessitate protection from exposure of the informant under the provision of Police Manual Rule 165 (a).(4)The Standard Operating Procedures regarding Telephonic Interception as approved by the State Government (referred to appendix V) shall be applicable to the Squad, however, the justification for monitoring may be in connection to a Preliminary Enquiry for preempting terrorist activity rather than a regular case.(5)Under the Service Conduct Rules, Indian Official Secrets Act, 1923 and Police Manual Rule 710 (a), the personnel of the ATS, including those working under agreement or contract, shall be prohibited from communicating to anybody, whosoever any information or revealing any government document or other facts to which access is obtained in the course of the discharge of their official duty.(6)The Inspector General shall be competent, under the provisions of section 52 of the Police Act, to take appropriate steps to develop work oriented technological systems for which he may purchase techniques from appropriate source and also hire technical experts in the Squad.(7)In view of the National Security, it is absolutely essential that no in formation is shared with the Media regarding anti-terrorist operations. Only the factual details of apprehended persons and recoveries may be revealed by the authorized spokesperson on completion of the operations. In this context, the State Government advisory on media policy and the Police Order, referred to appendix VI, shall apply.(8)The personnel deployed under agreement as Special Commandos in the Squad shall be treated as Special Police Officers under the provision of section 19 of the Police Act.(9)By virtue of the Government Notification, the ATS Headquarters shall also obligate the functioning of a Police Station where a General Diary in accordance with the section 32 of the Police Act and other records prescribed in the Police Manual shall be maintained by the SHO, ATS Police Station.The officers of and above the rank of a Sub-Inspector deputed at any scene of crime in the State for investigation are empowered under section 8 (3) of Police Act and CrPC to exercise the powers of SHO, ATS.(10)The personnel of the Squad shall derive their powers of investigation from the Criminal Procedure Code and relevant provisions of the special acts related to the offence and in accordance with the Police Manual. Only a Deputy Superintendent or above can investigate case under UA(P) Act.(11)The official duty of the police personnel in the Squad involves extreme high-risk, as affirmed by the Government Order referred to in appendix I. Hence, Standard Operating Procedures shall be in place conforming to the principles regarding private defence (section 96 of IPC) in such matters like confrontation with terrorists, or apprehension and pursuit of the terrorists and anti-national elements, etc. while deciding the applicability of section 197 of the CrPC.(12)Incidents of terrorism fall under the exceptional circumstances in context of the section 36 of the Police Act, whereby any police officer not below the rank of a Police Sub-inspector of the state cadre may be exclusively attached with the ATS for the purpose of an enquiry or investigation (as defined under the Police Manual Rule 411).(13)The Assistant Prosecution Officer of the Squad shall function in accordance with the provisions of the Criminal Procedure Code, 1973, Police Manual, 1978 and the Prosecution Manual, 2003.(14)The Scientific and Technical officers shall duly certify the report on the material/digital evidence that was examined by them and they will be treated as experts as per the requirement of section 45 of the Indian Evidence Act. The Medical Officer will also be an expert. The Medical Officer of the Squad shall examine the arrested person as per the requirement of section 54 of CrPC.(15)The Senior and Assistant Scientific Officers of the Squad may participate in forensic investigations along with other Government Scientific Experts (including the Chief Inspector of Explosives) and can satisfactorily depose on their behalf in the court under the provisions of section 293 (4) CrPC.(16)The provision of section 161 (3) CrPC for audio-video electronic recording of interviews or examination of suspects/accused shall be ordinarily employed.(17)When an arrest is made the guidelines stipulated in the orders of the Apex Court, National Human Right Commission and the relevant provisions of CrPC shall be complied with in letter and spirit. Also, these guidelines shall be clearly displayed at the ATS Police Station.(18)The Inspector General of the Anti Terrorist Squad may exchange information with the International Criminal Police Organization (Interpol) on international issues involving terrorist activities in which context the provisions of Police Manual rule 410 (g) and (h) and appendix 95 shall be applicable to the ATS.(19)Inspector General may move the Government of India through the Home Department of the State Government to act further in the matters of transmission and action on Letter Rogatories (under section 166-A, and 166-B CrPC), investigation abroad (in accordance with the Treaty For Mutual Legal Assistance or sections 188, 189 CrPC as and where applicable), and issues of deportation, extradition etc.(20)In the event a person belonging to terrorist or anti-national outfits operating in other states or a foreign national or a non-resident Indian with foreign citizenship has been arrested under section 41 (1) (g) CrPC with arms, explosive, fake currencies, fake passports, or in violation of visa conditions, etc. at any Police Station, then besides the Police Headquarters and the State Special Branch, ATS shall also be duly informed. A preliminary verification may be initiated by the ATS for their activities in the State of Bihar.
