NATIONAL HUMAN RIGHTS COMMISSION 4.63 The Commission, on 12.06.2013, took cognizance and obtained a report dated 07.03.2014 from the DIG, Prison Administration and Correctional Services, Uttar Pradesh, Lucknow, which stated that the enquiry was entrusted to the DIG, Prisons, Gorakhpur who concluded that detenue Radhey Shyam Tiwari was found unconscious in the gallery of hospital of District Prison, Mau, Uttar Pradesh. His hands and legs were tied with a rope. Detenue Radhey Shyam Tiwari, in his statement, informed that he was taken to the lobby of hospital ward where detenue Ajit Choubey and Radhey caught hold of him and tried to strangulate him by a rope due to which he became unconscious and fell down. He was shifted to District Hospital, Mau where, after 9 days, he could recover. In connection with the incident case at crime No. 417/12 u/s 323/504/506 IPC was registered at PS Sarai Lakhansi, District Mau. The DIG, Prisons, Gorakhpur found warder Bihari Ram, Dharamnath Yadav, Moti Chandra Gupta, Dy. Jailor Om Prakash and Jailor Ramjit Singh guilty in the incident. Jailor Ramjit Singh had retired on 30.03.2013 and for rest of the persons departmental action had been initiated. 4.64 On 20.3.2014, the Sr. Superintendent of Police, District Jail, Azamgarh informed the Commission that warder Bihar Ram was placed under suspension and recommended for departmental proceedings against him. As a punishment, his one increment was withheld for a period of six months. Warder Moti Chandra Gupta was also indicted and was reprimanded. 4.65 The Commission considered the matter on 04.09.2014 and observed that, from the perusal of the report submitted by Addl. IG Prisons, it is clear that the jail authorities had failed to protect the detenue Radhey Shyam Tiwari in prison and they have been departmentally punished. Thus, it is a clear case of violation of human rights of detenue Radhey Shyam Tiwari. Accordingly, the Commission issued a notice u/s 18(a)(i) of the PHRA, 1993 to Government of Uttar Pradesh to show cause as to why victim Radhey Shyam Tiwari be not recommended interim relief. 4.66 Pursuant to the directions of the Commission, the Under Secretary to the Government Uttar Pradesh, vide a communication dated 17.06.2016, forwarded a reply of the DIG (Headquarter), Prisons Administration and Correctional Services. The report revealed that the inquiry of the DIG found Ram Bihari, Moti Chandra Gupta, Dharamnath Yadav and Ramjit Singh all jail officials guilty in the incident. The departmental proceedings were initiated against them and they have been punished accordingly. The report further stated that, since the guilty officials/ personnel of the prison have been punished for their act of omission and commission, there is no justification for making payment of compensation to the victim detenue Radhey Shyam Tiwari. 4.67 The Commission, on 07.10.2016, perused the record and observed that a person in custody loses his liberty due to process of law. However, his body is to be protected in the custody by the State. In the instant case, the prisoner Radhey Shyam Tiwari was strangulated by his coprisoners. His legs and hands were found tied with rope. He recovered from the incident after 54 ANNUAL REPORT 2016-2017