National Human Right Commission State is vicariously liable for the protection of the inmates of the prison and the death of Naim alias Nadeem in the prison was definitely a violation of human rights. 4.14 In view of that, the Commission directed to issue a notice under section 18(a)(i) of the Protection of Human Rights Act, 1993 to the Chief Secretary, NCT of Delhi, calling upon him to show cause as to why compensation should not be recommended to the next-of-kin of the deceased. The Government of NCT of Delhi was also directed to inform about the action taken on the Magisterial Enquiry Report. 4.15 Pursuant to the directions of the Commission, the Law Officer (Prison), Tihar, New Delhi, submitted a report dated 17 July 2014. It was contended that no responsibility can be put on the Prison authority as the deceased was handed over to the custody of DAP, III BN. on 28 January 2012 and it had stated that the accused was received in a hale and hearty condition. The report further revealed that the matter was referred to the Station House Officer (SHO), Hari Nagar, Delhi, and an FIR No. 185/12 u/s 304 A IPC was registered at P.S. Hari Nagar and the matter is being investigated by the police. Hence, there is no case of penalty being imposed on the Prison authorities. 4.16 The Commission perused the report on 21 April 2015 and observed that it is an admitted fact that 03 plastic packets were found in the stomach of the deceased during post mortem examination and the vomiting samples of the deceased were found to contain continine, nicotine, charas and nonmetallic poison, etc. was found. The subsequent information from the Doctor revealed that the deceased undertrial died due to nicotine poisoning. This raised a serious question regarding the circumstances in which the deceased came in possession of nicotine continine and charas which all were found in his vomiting samples. The deceased was in continuous custody of public servants of the Government of NCT of Delhi and Delhi Police. The fact that he was able 42 Annual Report - 2015-2016