Annual Report 2010-2011 though not blackened, in no way justified the stand taken by the State Government that the killing was genuine. Moreover, there were two wounds found on the body of Achanoor Sheikh, one near the knee and one on the back. All these factors point to the likelihood that first he was immobilized by shooting him on his leg and thereafter he was shot from slightly beyond contact range so that he could not run away. The Commission recommended that a sum of Rs. 5,00,000 each be paid to the next of kin of each deceased. 4.103 Later on, the Commission also summoned the Chief Secretary, Government of West Bengal to appear before it in the given case. Consequently, on 3 February 2011, the Chief Secretary came in person and handed over a written statement to the Commission. On examination of its contents, the Commission noted that the Government of West Bengal had expressed its inability to pay monetary relief of 5,00,000 each to the next of kin of each of the deceased persons. The Commission considered the matter again and inter alia held that : “The Commission cannot and does not look on its recommendations as mandatory. The Commission takes decisions within the ambit of the Protection of Human Rights Act, 1993. The Commission has found that the Governments that cannot refute its reasoning invariably accept its recommendations as fair, and act on them. In this case, the Commission understood that the Government of West Bengal has expressed its inability to accept the recommendations of the Commission without any substantive reasons. The enquiry report has been accepted by the State Government but it does not bind the Commission to accept the police report. The injury sustained by the Sub-Inspector was slight and the policeman was not admitted by the hospital. Misleading reasons were given to the Commission to explain the lapse in taking swab of the fingers of the deceased persons. The Constitution of India has guaranteed the right to protection of life and personal liberty. Article 21 reads, `no person shall be deprived of his life or personal liberty except according to procedure established by the law’. The highest courts in India have held that the expression `procedure established by law’ in Article 21 must be reasonable, fair and just. The right to life and personal liberty is a Fundamental Right, enforceable against the State and judicial decisions have imposed on it several positive obligations.” 4.104 These proceedings were communicated to the Chief Secretary, Government of West Bengal with the request that it be placed before the Chief Minister. A response to the communication has been received by the Commission conveying that the State Government has sanctioned the compensation of a sum of Rs. 15,00,000 towards payment at the rate of Rs. 5,00,000 each to the next of kin of each of the deceased, namely, Achanoor Sheikh, Nazu Bhangarmar and Sirajul Sheikh. 4.105 The proof of payment is awaited in the case. 23. Death of a Female Infant of an Arrested Woman due to Indifference Shown by Police in Baraut, District Baghpat, Uttar Pradesh (Case No. 2367/24/8/08-09-AD) 4.106 The Commission received a complaint from Rattan Lal Premi alleging that a woman NHRC 39