Annual Report 2009-2010 The doctor who conducted the postmortem opined that the cause of death was “long standing chronic debilitating disease leading to degeneration and multi-system failure.” 4.33 Pursuant to the directions given by the Commission, the magisterial enquiry report revealed that the deceased on 5 November 2008 was examined by a team of doctors. A�er the examination, the team had recommended that Bipin should be immediately taken to Patna Medical College Hospital for specialized treatment. However, no police escort could be provided for eight days. Thus, as advised by the team of doctors, the deceased could not be taken to Patna Medical College Hospital for his specialized treatment. The delay in providing specialized treatment on time became a cause for the untimely death of Bipin Kumar Yadav. 4.34 Considering that the detaining authorities had failed to provide timely medical care to the deceased, the Commission issued a show-cause notice u/s 18 of the PHRA to the Government of Bihar. The State Government did not respond to the notice. The Commission thus observed that the State had submi�ed no justification for its failure to provide a police escort on time. If police escort was provided and the prisoner had been taken to Patna Medical College Hospital on time as advised by the team of doctors, his life could have been probably saved. His right to life was adversely affected due to inaction on part of the State. Considering all circumstances from all angles, the Commission recommended to the Government of Bihar to pay a sum of Rs. 1,00,000/- as monetary relief to the next of kin of the deceased Bipin Kumar Yadav. 4.35 6. The compliance report along with proof of payment is awaited in the case. Death of Undertrial Ram Kumar in Korba District, Chha�isgarh (Case No. 286/33/2003-2004-CD) 4.36 On 9 November 2003 the NHRC received intimation from the Superintendent of Police that one Ram Kumar who was wanted in a case u/s 306 IPC registered at Pali Police Station of District Korba in Chha�isgarh had died. The deceased had been arrested on 8 November 2003. He was found to be very weak at the time of arrest. The police was told that Ram Kumar was suffering from malaria. A�er the arrest, he was produced before a Magistrate by the police and then remanded to judicial custody. Initially, he was taken to Katghora jail but the prison authorities refused to admit him there. He was then taken to a Primary Health Centre and later to the District Hospital located in Korba. However, when he was brought to the District Hospital on 9 November 2003, he was declared ‘as dead’ by the hospital authorities. 4.37 Pursuant to the directions given by the Commission, an inquiry into the circumstances of death was conducted by the Sub-Divisional Magistrate of Korba. He observed that in view of the frail health of the accused, the police should have either deferred the arrest or if it was absolutely necessary to arrest him, the Investigation Officer should have promptly made arrangement for providing medical care to the arrestee. 4.38 On consideration of the magisterial enquiry report, the Commission felt that Ram Kumar had been dealt in an inhuman manner and a show-cause notice u/s 18 of the PHRA was issued to the Government of Chha�isgarh. The State Government did not respond to the notice issued by the Commission. 22 NHRC