Annual Report 2008-2009 should respond promptly to requests for reports made by it. Further, they need to act without delay on recommendations made by the Commission so as to inspire confidence and retain the trust of the people. B. Illustrative Cases of 2008-2009 a) Custodial Deaths 1. Death of Undertrial Prisoner Momin in Judicial Custody in NCT of Delhi (Case No.2098/30/2004-2005-CD) 4.12 On 16 August 2004 the Commission received intimation from the Superintendent, District Jail No. 4, Tihar, New Delhi regarding the death of one undertrial prisoner Momin s/o Waris Ali, aged about 36 years. It called for the requisite reports including the post-mortem report (PMR) and the magisterial enquiry report (MER) from the concerned authorities. 4.13 The MER revealed that a case was registered u/s 302/201 IPC on 26 October 2005. The Commission on 4 July 2008 observed that the concerned jail officials were prima facie responsible for violating the human rights of Momin, which also resulted in his death. It thus issued a notice u/s 18 (c) of the PHRA to the Chief Secretary, Government of NCT of Delhi, requesting him to show-cause as to why immediate monetary relief should not be recommended in favour of the next of kin of the deceased. 4.14 The Deputy Secretary, Home, Government of NCT of Delhi in response submitted that the said case may not be treated as a fit case for grant of monetary relief. Citing the judgement delivered by Delhi High Court, in W.P. (Crl.) No. 980/2003 concerning Gurcharan Kaur vs. State of NCT of Delhi & Others, the reason stated for non-payment of compensation by Government of NCT of Delhi was that the fundamental rights of the victim had not been violated nor was it a case of custodial torture. 4.15 The Commission observed that in the instant case, the Magistrate in his enquiry report had also concluded that violent action had been taken against Momin by the jail officials which led to his death. It was thus a clear case where the human rights of a person had been violated and the reason stated by the Government of NCT of Delhi was not justified at all. Considering the matter on 27 November 2008, the Commission recommended to the Government of NCT of Delhi to make a payment of Rs. 1,00,000 to the next of kin of the deceased and submit a compliance report along with proof of payment. 4.16 The same was complied and the case closed. 2. Death of Undertrial Prisoner Radha Krishnan in Ottapalam Sub-Jail, Pallakkad, Kerala (Case No. 295/11/2000-2001-CD) 4.17 Radha Krishnan, an undertrial prisoner detained in Ottapalam sub-jail in Pallakkad District of Kerala was addicted to liquor. One day, while in judicial custody, he showed 29