सव भव तु सिखनः ु Annual Report 2022-23 compliance with the Commission's direc ons, an amount of Rs. 12,00,000/- for four vic ms had been sanc oned. The District Magistrate, Balod, Chha sgarh, was instructed to make payment to the vic ms and provide proof of payment. In response, a le er was received from the DM, Balod, along with the report of SP, Balod, and the Under Secretary to the Government of Chha sgarh, Home (Police) Department. The report revealed that they had paid Rs. 3,00,000/- each as compensa on to the injured individuals. The proof of payment had been submi ed. Consequently, as there was nothing remaining to proceed further in the ma er, the case was closed on 06 May 2022. 16.) Brick Kiln Worker Killed by BSF Firing in Malda, West Bengal (Case No: 80/25/11/2018-PF) On 23 December 2017, the Commission received an in ma on alleging that on December 17 December 2017, personnel from the 36th Ba alion of the Border Security Force (BSF) fired shots at night, resul ng in the death of a brick kiln worker at the border area of Baishnab Nagar Police Sta on in Malda, West Bengal. The Commission duly took cognizance of this ma er and requested a report from the concerned authori es. In response, the Superintendent of Police (SP) in Malda submi ed a report that enclosed the inquiry report conducted by Deputy Superintendent of Police (Dy. SP) HQ Malda. The inquiry report revealed that on 18 December 2017, a specific case was ini ated against BSF personnel from the 36th Ba alion sta oned at Sovapur in connec on with the death. This case was based on a wri en complaint lodged in the Police Sta on, Baishnab Nagar, District Malda. It was further reported that the duty register of BSF personnel for 17 December 2017, along with details of arms and ammuni on used that day, had been seized. The Postmortem Report confirmed that the vic m died from gunshot injuries, and it was deemed to be a homicidal act. The inves ga on iden fied the personnel from the 36th Ba alion of the BSF as responsible for causing the death. A er careful considera on of the report, the Commission observed that a case had been registered against a BSF Constable, and the ma er was sub-judice. The Commission emphasised the principle that the Right to Life includes the right to live with human dignity. It stressed 34 the State's duty not only to prosecute those who violate fundamental rights but also to compensate the vic ms or their families for the wrongful acts of its agents. Consequently, the Commission issued a show cause no ce under Sec on 18 of the PHR of Home Affairs, Government of India, proposing a compensa on of Rs. 3,00,000/(Rupees Three Lakh only) to the NoK of the deceased within six weeks. Upon further considera on, it became evident that an innocent person had been mistakenly killed in firing by BSF personnel, leading to a viola on of the human rights of the vic m. Consequently, the State bore the liability to provide compensa on to the NoK of the deceased, who had lost an innocent family member due to the wrongful act of State officials. The plea from the BSF to review the decision of awarding compensa on to the NoK of the deceased un l the outcome of the trial by the Security Force Court was not accept- able to the Commission. Therefore, the Commission confirmed its show cause no ce and directed the Secretary of the Ministry of Home Affairs, Government of India, New Delhi, to pay a compensa on of Rs. 3,00,000/- to the NoK of the deceased and submit proof of payment within eight weeks. In response, the Under Secretary of HR Wings/ IS-II Division, Ministry of Home Affairs, Government of India, New Delhi, forwarded a report from DIG (OPS) BSF dated 29 June 2021. The report indicated that the Chief Judicial Magistrate (CJM) Court in Malda had transferred the case to the BSF for trial by the BSF Security Force Court. The concerned field forma on had been directed to complete the disciplinary proceedings within 30 days by recording statements of civil witnesses through video conferencing. The case was under progress, and it was further menoned that the case for compensa on to the NoK of the deceased should not be decided un l the final outcome of the legal proceedings. The Commission considered this report and reiterated that it could not wait un l the final outcome of the legal proceedings. The concerned authority had the op on to either accept the show cause no ce for the recommenda on of compensa on or deny it. Therefore, the Commission directed the Secretary of the Ministry of Home Affairs, Government of India, to submit a response in light of the above observa ons within four weeks. Following the Commission's direc ons, a le er was received from the Deputy Inspector General (OperaChapter 7 - Thematic Areas