40. Enquiry into use of firearms by police. - (1) Whenever firearms are used by the Calcutta Police, the Commissioner shall hold a full enquiry and shall submit a detailed report to Government as soon as possible thereafter:
Provided that -(a)where the Commissioner himself has ordered firing the enquiry shall be made and the report submitted to Government by the Commissioner of the Presidency Division;(b)if the firing has been resorted to under the orders of a Deputy Commissioner, the enquiry shall be held by the Commissioner;(c)if the firing has been resorted to under the orders of an officer below the rank of a Deputy Commissioner, the Commissioner may either hold the enquiry himself or direct a Deputy Commissioner to hold it.(2)The object of holding such executive enquiries is to ascertain whether the firing was justified, and whether the rules governing the use of firearms were substantially observed. The enquiry should be held with the least possible delay and in addition to the testimony of the police personnel concerned, steps shall be taken to obtain independent views of local people, such as shopkeepers, residents of the locality, etc., who are likely to have been eye-witnesses of the firing.V - General Instructions Relating To Attendance In Office, Records And Correspondence.
