○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ Complaints Before the Commission ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 4.46 In response to the show cause notice, the Railway Board, inter alia, contended that the claimant or his unauthorized agent should have moved the Railways Claims Tribunal for seeking compensation on account of unfortunate death of Shri Bajrang Lal. While rejecting the aforesaid plea and recommending interim relief the Commission held that the interim relief envisaged u/s 18(3) of the Protection of Human Rights Act. 1993 is independent of the right of the victim or his next of kin to claim compensation under Civil/Law of Torts or any other forum. The recommendation of the Commission would not in any way affect the right of the claimant to seek compensation by filing a claim before Railways Claims Tribunal. The Commission accordingly, recommended for payment of Rs. 1 lakh as interim relief u/s 18 (3) of the Act, to the mother of the deceased Smt. Kalabati, by the Railways. 4.47 Pursuant to the Commission’s directions, the Director, Traffic Commercial Claims, Railway Board, Ministry of Railways vide letter dated 1.7.2004 intimated that a compensation of Rs. 1 lakh has been paid as interim relief to Smt. Kalabati, the mother of the deceased. 4.48 Accordingly, vide proceedings dated 15.9.2004 the report was taken on record and the case was closed. 6. Death of Bhaiya Lall in Judicial Custody in Uttar Pradesh - Case No. 9161/24/98-99CD 4.49 The Commission received an intimation dated 25/8/98 from the office of the DG (Prisons), UP, Lucknow about the death of undertrial prisoner Bhaiya Lal S/o Dhanraj Yadav while undergoing treatment at Swaroop Rani Hospital on 1/8/98. 4.50 In response to the notice issued to the Home Secretary, Government of UP, a magisterial inquiry report was received which indicated that the victim was subjected to custodial violence. There was evidence of custodial violence as well as negligence in providing treatment to Shri Bhaiya Lal which resulted in his death. The cause of death disclosed was heavy bleeding from the anus. 4.51 Upon consideration of the report, the Commission held that there was violation of human rights of Bhaiya Lal while in the custody of police and jail authorities. The Commission, accordingly, directed to issue notice to Chief Secretary, Government of UP to show cause as to why immediate interim relief u/s 18 (3) not be granted to the next of kin and also recommended action against errant officials. 4.52 As no response was received from the Government of UP to the show cause notice, the Commission recommended an interim compensation of Rs. 1 lakh to the next of kin of the deceased. Compliance report called for in respect of payment of interim relief as well as the status of action taken against the errant public servant is still awaited. National Human Rights Commission Annual Report - 2004-2005 AR-Chapter-1-19-10-6-06.p65 53 33 7/17/06, 6:29 PM