Annual Report 2009-2010 4.152 In a subsequent communication dated 30 September 2008, the Additional Superintendent of Police of Sopore informed that during the course of investigation it was established that Tahir Hussan Peer was picked-up on 12 September 2003 by the troops of 22 Rashtriya Rifles Bn. of Camp Bomai under the command of Major Rajender Singh. The army had returned only some parts of the body of the deceased. The report further stated that the concerned army officers failed to produce before the police the five army personnel who had allegedly sustained injuries during the incident in which Tahir was killed and due to non-cooperation of the army, investigation in both the cases relating to the death of Tahir was pending. 4.153 Deploring the failure of the army to produce the army personnel before the police for investigation, the Commission opined that the story put forth by the army regarding the death of Tahir Hussan Peer cannot be believed. The Commission held that Tahir Hussan Peer died while in the custody of the army personnel of 22 Rashtriya Rifles Bn. and since the army failed to submit a satisfactory explanation regarding his death, it issued a notice to the Secretary, Ministry of Defence, Government of India, requiring him to show-cause as to why suitable monetary relief should not be recommended to the next of kin of the deceased. 4.154 In reply to the show-cause notice, the Ministry of Defence denied any non-cooperation on the part of the army and stated that names of the army personnel who sustained splinter injuries in the incident along with the details of their injuries had been submi�ed to the Addl. Superintendent of Police, Sopore on 11 May 2004. The Commission observed that injuries received by the army personnel who allegedly accompanied deceased Tahir Hussain Peer were minor abrasions and lacerations and did not inspire confidence as Tahir’s body was blown into pieces in the alleged explosion while the injuries allegedly suffered by the army personnel were minor and insignificant. The Commission further observed that even Major General Satvir Yadav, GOC, in his revised directions concerning the Court of Enquiry constituted for the purpose of investigating the alleged death of Tahir Hussain Peer, had stated that “although the death of Tahir Hussain Peer, s/o Ghulam Hassain Peer, r/o Tujar Sharief, occurred due to explosion, yet extra care and caution should have been exercised by Coy. Cdr., more so where a civilian informer voluntarily had accompanied the troops”. 4.155 A�er examining all the facts, the Commission vide its proceedings dated 13 April 2009 held that Tahir Hussain Peer lost his life due to the negligence of the army personnel, as admi�ed by the army itself and recommended to the Ministry of Defence through its Secretary to pay a compensation of Rs. 2,00,000/- to the next of kin of the deceased. 4.156 The compliance report along with the proof of payment is awaited from the Ministry of Defence, Government of India. 27. Death of Undertrial Prisoner Burman Moran in Custody of Army Personnel (Case No. 158/3/2002-2003-CD) 4.157 The Commission on 26 February 2003 took cognizance of an intimation received from the Dy. Commissioner (Home), Dispur, Assam, regarding the death of an undertrial prisoner Burman Moran on 19 February 2003 during the course of his treatment in Assam Medical College and Hospital in Dibrugarh. 40 NHRC