○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ Complaints Before the Commission ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 4.27 In response to the Commission’s notice dated 3.11.1995, the inquest report received showed no signs of beating either on the front side or back side of the body. The report further stated that post-mortem report indicated no external or internal injuries on the body of the deceased and the cause of death was opined as “asphyxia due to hanging”. The SDM in his enquiry report concluded that on the basis of statements of witnesses and on examination of the post-mortem report, the death of the Kantosh was due to suicide committed by him by hanging. However, he observed that there were other factors also such as, negligence and lack of responsibility on the part of police officials, which resulted in the incident. 4.28 The Government of Maharastra submitted an Action Taken Report on the magisterial enquiry, which indicated that the accused police officials were placed under suspension and departmental enquiry had been initiated against the delinquent officials. 4.29 The Commission vide its proceedings dated 2.8.2004, while considering the Magisterial Enquiry Report and the departmental action taken against the police officials, directed Chief Secretary, Government of Maharashtra to show cause why interim relief should not be paid to the next of kin of the deceased. 4.30 In response, the Home Department, Government of Maharashtra vide communication dated 7.10.2004 informed the Commission that the State Government has decided to grant relief of Rs. 50,000/- to the next of kin of the deceased, Kantosh Prahlad Jadhav and after obtaining approval of the Commission, further action for disbursement of relief will be taken. 4.31 The Commission vide its proceedings dated 20.10.2004 considered the case and approved the grant of Rs. 50,000/- as “interim relief” to be paid to the next of kin of the deceased Kantosh Prahalad Jadhav. Compliance report from the Government of Maharastra is still awaited. 3. Custodial death of Haji Mohd. Nabuji Tentwala in Police Custody in Ahmedabad, Gujarat - Case No.7586/95-96/NHRC 4.32 The Commission on 19.1.1996 received an intimation dated 18.1.1996 from the Commissioner of Police, Ahmedabad City, Gujarat regarding death of Haji Mohd. Nabuji Tentwala in police custody on 12.7.1995. It was stated that he was arrested in connection with Cr.Case No.106/95 u/s 302/342/34 IPC and S. 135 B.P.Act. by the police who tied him with rope, beat him with sticks, fists and kicks to death. The report further indicated that two of the accused police persons namely PSI J.V.Surela & PC Bharatkumar were arrested and bailed out on 31.10.1995 and 2.1.1996 respectively. 4.33 In response to the notice issued by the Commission, the Commissioner of Police, Ahmedabad City submitted the post-mortem, inquest and magisterial inquiry reports. As per the National Human Rights Commission Annual Report - 2004-2005 AR-Chapter-1-19-10-6-06.p65 49 29 7/17/06, 6:29 PM