6. Death of Kishan Singh in Police Custody in Delhi (Case No. 5060/30/2004-2005-CD) 6.37 The Commission received an intimation dated 17 March 2005 from the Deputy Commissioner of Police, North-East District, Delhi about the death of Kishan Singh s/o Shri Ram Nath, a driver of a commercial vehicle, in police custody on 17 March 2005. The deceased was reportedly brought to police station Shahdara on 16 March 2005 for interrogation on a complaint of one Shakti Singh. He complained of being unwell at the police station and was taken to a private nursing home in the area. He was referred to GTB Hospital, where he was declared brought dead. An FIR No. 89/05 u/s 342/302/34 IPC was registered on 17 March 2005 in Police Station Shahdara on the complaint of Sanjeev, son of the deceased. Sub-Inspector Ram Kumar and Assistant Sub-Inspector Ramesh Chand of Police Station Shahdara were arrested as the deceased died in their custody. Three other accused persons were also arrested. Inspector Narendra Pal Singh of Police Station Shahdara, was put under suspension on the charge of laxity in supervision. 6.38 Although the Government of NCT of Delhi took the plea that the personnel charged of torture have been found innocent by the Court and, therefore, the grant of monetary relief cannot be justified, the Commission observed that “merely because the police personnel have been acquitted by the Court, the Government cannot evade its liability to compensate the victim. The fact remains that deceased Kishan Singh sustained fatal injuries while he was in police custody. The acquittal of the accused simply means that the identity of the assailants has not been established. It does not efface the factum of death being caused as a result of beating given in police custody. The police is required by law to protect the life of the person in their custody. If it resorts to torture tactics and thereby causes death of the detainee, it is a matter of serious concern for the society.” Therefore, considering all the circumstances of the case, the Commission recommended that the Government of NCT of Delhi pay Rs. 2,00,000 as monetary relief to the next of kin of Kishan Singh. The compliance report from the Chief Secretary, Government of NCT of Delhi, along with proof of payment is awaited. 7. Death of Undertrial Prisoner Surendra in Judicial Custody in District Jail, Kheri, Uttar Pradesh (Case No. 24185/24/2001-2002-CD) 6.39 The Commission received an intimation dated 26 October 2001 from the Superintendent, District Jail, Kheri, Uttar Pradesh stating that one undertrial prisoner, Surendra Pasi s/o Shri Shyam Lal Pasi, wanted in Cr. Case Nos. 171/2001 u/s 307/332 IPC and 172/2001 u/s 25 Arms Act, Police Station Neemgaon, was admitted in District Jail, Kheri by his police escort on 26 October 2001 at 6.20 p.m. in a serious condition. On the advice of the Medical Officer of the Jail, he was sent under the same police escort to the District Hospital at 6.30 p.m. where he expired while undergoing treatment at 7.45 p.m. on 26 October 2001. 6.40 Based on reports, the Commission monitored the prosecution of errant police personnel and payment of compensation. A report from the Secretary, Home (HR) Department, Government 38 National Human Rights Commission