Protection of Human Rights Act, 1393. In the Commission's view the assumption was not only wrong but the position was diametrically opposite. The case for award of interim-relief really became a fortiori. The 'immediate interim relief' envisaged under Section 18 (3) of the Act has to be granted for the injurylloss which the victims or the members of the family have suffered owing to the violation of human rights by public servants and the establishment of culpability of the involved public servants cannot absdve the State of its liability for compensation. The Commission noticed that a welfare State, recognising its obligation to relieve its citizens in distress, particularly those who are victims of violations of their rights by public servants, had enacted the Protection of Human Rights Act, 1993 under which the State sought advice from the Commission as to what, in the Commission's view, was the right thing to do and what immediate interim relief be given in a particular case so that the State could act on that recommendation. Thus, according to the Commission, any State professing to be a welfare State is expected to give a meaning to Section 18(3) of the Act, ensuring liberal construction to promote the philosophy of the Statute and advance its beneficent and benevolent purposes. Seen in this context, the Commission felt that the stand of the Government of Bihar would only expose it to avoidable legal hassles and investigations. The Commission, accordingly, considered h e stand of the State Government wholly untenable and recommended that the State Government pay immediate interim relief of Rs. 10 Lakhs to Smt. Dhawan without prejudice to her private law rights damages. The State Government complied with the recommendations by making payment to Smt. Dhawan. Death by tortun ofPlnya Hari IQh In pollee custody: Mahamhtna (Case N O S ! ~ ~ ~ Y ~ ~ B ~ - @ W C C ~ ) The Supdt. of Police (Rural), Pune reported to the Commission that on 9 June 1998 the police officials performing night duty noticed the suspect Pinya Hari Kale. On seeing the police officials, Kale, according to the report, ran away and fell down sustaining injuries and became unconscious. The police officials, it is further claimed, got him admitted in the Govt. Hospital, Baramati where he was declared dead. The Commission also received another petition on the same subject from Prof. G.N. Devy allegingthat Kale was taken into police custody on 8 June 1998 and was tortured, resulting in his death in custody. The petitioner apprehended that the post-mortem report may not reflect the real cause of death. In response to the Commission's directions, the Joint Secretary, Government of Maharashtra, in his letter dated 2 November 1998 sent the report submitted by the Additional Director General of Police, CID (Crime), Maharashtra State. From the report it was revealed that after Kale was declared dead by the hospital, it was P.C. Hinge (Constable) who gave a