Annual Report 2010-2011 4.23 Accordingly, an amount of Rs. 3,00,000 was recommended to be paid as monetary relief to the next of kin of the deceased. 4.24 The case was closed on receipt of proof of payment by the Government of Bihar. 6. Death of Undertrial Prisoner Harish Patel in Central Jail Ambikapur, District Surguja, Chhattisgarh (Case No. 106/33/16/07-08) 4.25 The Superintendent of Central Jail in Ambikapur, District Surguja, Chhattisgarh informed the Commission that an undertrial prisoner Harish Patel, aged about 29 years, was murdered on 5 April 2007 at his residence while being taken to District Hospital for donating blood on his own volition. On examination of the inquest and the post-mortem reports, it came to light that the victim was not murdered but had died on account of shock caused by five fire arm injuries which ultimately resulted in the failure of his cardiac respiratory system. 4.26 The District Magistrate of Surguja vide letter dated 28 March 2009 forwarded a copy of the magisterial enquiry report conducted by Deputy Collector of Surguja. The report revealed that when Harish Patel along with two other inmates of the jail was being taken for blood donation, ample number of guards had not been provided for their supervision. All the three inmates were being taken to the hospital for blood donation on foot. Harish Patel even on being reprimanded by the jail warden went to his house. The jail warden along with the other two inmates followed him. When Harish Patel was in his house, his brother Vijay Patel owing to some hostility in the family fired upon him which resulted in his instant death. 4.27 According to the Commission, the deceased Harish Patel was in the care and custody of the State. He along with two other inmates was being taken to the District Hospital for blood donation. The deceased himself insisted on going to his house where he was killed by his brother. The Magistrate had thus held the jail officials responsible for his death. In the given circumstances the Commission issued a notice u/s 18 (c) of the PHRA to the Chief Secretary, Government of Chhattisgarh, Raipur calling upon him to show-cause as to why monetary relief should not be recommended to the next of kin of the deceased. He was also asked to apprise the Commission about the action taken on the magisterial enquiry report. 4.28 Despite the show-cause notice and a reminder issued by the Commission, no reply was received from the Government of Chhattisgarh. The Commission considered the matter of non-receipt of reply to the show-cause notice on 23 April 2010 and took the view that the Government of Chhattisgarh, perhaps, had nothing to say on merits. The deceased was killed while in custody which definitely violated his human rights. It thus recommended to the Chief Secretary, Government of Chhattisgarh to pay a sum of Rs. 3,00,000 as monetary relief to the next of kin of the deceased. The Chief Secretary was also directed to send the proof of payment made to the next of kin of the deceased within eight weeks. 4.29 On receiving the proof of payment from the Government of Chhattisgarh, the case was closed by the Commission. NHRC 23