NATIONAL HUMAN RIGHTS COMMISSION 4.16 Pursuant to the Commission’s direction, reports were received from the authorities. The post-mortem report revealed no external injury except ligature mark present all around neck. The cause of death was opined as asphyxia due to ante mortem hanging. The magisterial enquiry stated that the deceased died due to “asphyxia due to ante mortem hanging” and there was no foul play. The allegations made by the mother and brother of the deceased against Jail officials could not be substantiated and no jail officials were found guilty for dereliction of duty. 4.17 A careful examination of the available record, the commission observed that admittedly, the prisoner was in the care and custody of the State. It was the bounden duty of the prison officials to ensure safety and security of the prisoner in their custody and to ensure that he does not cause any harm to himself or anybody else but as seen in this case, it would appear that the prison authority was negligent in keeping surveillance over the activities of the prisoners giving the deceased an opportunity to commit suicide. The negligence of the authority was further manifested by the fact that a few days before the death of the under trial prisoner, i.e. on 21.1.2015 the deceased climbed up a tree located in the premises of the jail but on that day he got down safely. Thereafter the deceased was kept in isolation chamber and released only after tendering his apology on 26.1.2015. 4.18 According to the Commission, a case of violation of human rights of the accused was made out and the State of Uttar Pradesh was vicariously liable to compensate the NoK of the deceased, Afzal. 4.19 The Commission has directed the Chief Secretary, Govt. of U.P. u/s 18 (a) (i) of PHR Act, 1993 to show cause within six weeks as to why the Commission shall not recommend monetary compensation to the tune of ` 2,00,000/- (Rupees Two Lakh only) to the next-of-kin of the deceased, Afzal. 4.20 In response, the Secretary, Department of Home, Government of Uttar Pradesh, vide communication of 23.10.2017, forwarded the response of the Prison Department. The reply was very detailed but there was no reply as to how the prisoner could commit suicide by hanging himself from a tree in the premises of the jail in the broad day light. 4.21 The Commission, rejected the response of the Prison Department and recommended to the Government of Uttar Pradesh to pay ` 2,00,000/- (Rupees Two Lakh only) as compensation to the next-of-kin of the deceased remand prisoner, Afsal, son of Shri Akbar Khan, and directed the Chief Secretary, Government of Uttar Pradesh to send the compliance report along with the proof of payment, which is awaited. 3) 46 Death of one Manoj Rana in the Police Custody of P.S. Bindapur, Delhi (Case No. 2929/30/9/2014-AD) Annual Report 2017-2018