Annual Report 2012-2013 4.78 The Special Chief Secretary, Government of Andhra Pradesh vide his report dated 25 March 2013 informed that orders of sanctioning amount of ` 30,000 had been issued for payment of compensation to the legal heirs of the deceased. The proof of payment is yet to be received. The matter is under consideration of the Commission. 10. Death of Ghanshyam Lalchand Desani in P.S. Kareli, Vadodara, Gujarat (Case No. 145/6/2005-2006-CD) 4.79 The Commission received an intimation dated 3 July 2005 from the Commissioner of Police, Vadodara about the death of Ghanshyam Lalchand Dasani, aged 40 years, in the custody of police at P.S. Kareli on 3 July 2005. The deceased was arrested u/s 122 of Bombay Police Act at 5.00 a.m. on 3 July 2005 and brought to the Police Station Kareli in Vadodara city. There, he hanged himself with a bed sheet in the lock-up. 4.80 The postmortem report did not reveal any external injury except a ligature mark on the neck. The Postmortem Surgeon attributed the death due to asphyxia as a result of hanging. The postmortem findings were noted by the SDM, Vadodara in his enquiry report in which it was concluded that Ghanshyam Lalchand had committed suicide by hanging himself. The SDM, however, recommended that a special enquiry be conducted by some senior police officer ascertaining the conditions which led Ghanshyam to commit suicide. Accordingly, the matter was investigated by the State CID and the investigating agency came to the conclusion that the prisoner committed suicide in a state of mental depression. 4.81 While considering the matter on 14 July 2011, the Commission observed that since the deceased was in custody, it was the duty of the police to see that no harm was caused to him. If proper vigilance had been exercised, the prisoner would not have got an opportunity to commit suicide. The death was solely attributable to the negligence of the concerned police officials. Consequently, the Commission directed that a notice u/s 18 of the Protection of Human Rights Act, 1993 be issued to the Government of Gujarat through its Chief Secretary requiring it to show cause why monetary relief be not given to the next of kin of the deceased. 4.82 In response to the show cause notice, a letter dated 18 October 2011 was received from the Commissioner of Police, Vadodara city stating that no compensation is required to be paid to the next of kin of the deceased as he committed suicide. Moreover, the two police officials had been punished for negligence in performing their duties of supervision while the deceased was in custody. 4.83 The Commission in its proceedings took the view that the State was under an obligation to protect the life and limb of the deceased and as well as ensure that he may not cause self harm while in custody. The State had definitely failed in its duty to protect the life of the deceased and is vicariously liable for the wrong done to him. The Commission on 14 June 2012 recommended to the State Government to pay a sum of ` 1,00,000 as compensation to the next of kin of the deceased. NHRC 37