Complaints Before the Commission ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 4.211 In response to aforesaid directions, the State Government, submitted that there was no justification for grant of immediate interim relief to the next of kin of the deceased, since allegations of torture were not substantiated during CB CID inquiry. 4.212 While referring to the law laid down by the Hon’ble Supreme Court of India in Nilabati Behera vs. State of Orissa – 1993 (2) SCC 746, the Commission held that the police official escorting the undertrial did not take reasonable care to prevent avoidable harm and there was dereliction of duties to take care on their part. The State was, therefore, vicariously liable. The Commission, therefore directed for payment of Rupees One lakh to the next of kin of the deceased. The Government of U.P. complied with the recommendations of the Commission. The case was, accordingly, closed. Custodial Torture 1. Custodial torture of Zamir Ahmed Khan : Uttar Pradesh (Case No. 14071/24/ 2001-2002) 4.213 This case relating to torture of Mr. Zamir Ahmed Khan in police custody was earlier reported in the Annual Report for the year 2002-2003. 4.214 Upon consideration of the magisterial inquiry report and the report received from the Senior Supdt. of Police, Bulandshahar, UP, the Commission held that the allegations of custodial torture of Zamir Ahmed Khan stood substantiated during the magisterial enquiry. Accordingly it recommended an amount of Rs. 20,000/- as immediate interim relief to the victim. The said amount was paid to the victim on 7-11-2003 by the State Government. The case was, therefore, closed on 12.7.2004. 2. Harassment and Torture of Jagannath Shaw by the RPF Staff: West Bengal (Case No: 118/25/2002-2003) 4.215 This case was earlier reported in the Annual Report for the year 2003-2004. On the basis of the findings arrived at by the Divisional Railway Manager, Asansol that the police personnel were involved in the incident and that a charge sheet for imposing a major penalty under rule 153 of the RPF Rules, 1987 had been issued to the two errant police personel. The Commission issued a show cause notice to the Eastern Railways, Calcutta to show cause as to why immediate interim relief under section 18(3) of Protection of Human Rights Act be not given to the victim. 4.216 In response, the concerned Railway authorities informed that the errant officials were already being dealt within the Department for which a major penalty was also likely to be imposed on them and that there was no provision under the Railways Act. to grant interim relief in such cases. The Commission, while rejecting the aforesaid plea of the Railway Authorities on 31-3-2004 recommended that Rs. 10,000/- be paid as immediate interim relief to the victim u/s 18 (3) of the Protection of Human Rights Act, 1993. The compliance report is still awaited. 72 AR-Chapter-1-19-10-6-06.p65 National Human Rights Commission Annual Report - 2004-2005 92 7/17/06, 6:29 PM