rigorous as required in a criminal trial. Therefore, considering all the circumstances, the Commission recommends to the Government of India to pay an amount of Rs.2,00,000 each to the next of kin of deceased Mohammed Khadam Hussain, Mohammed Rayaz and Mohammed Rashid, all residents of village Dehari Dabsi, Tehsil Mendhar, District Poonch”. 6.98 In response, a communication was received from the Ministry of Defence, requesting the Commission to reconsider its decision in view of the fact that the culpability of the Army must be clearly established through the due process of law before a decision is taken on the payment of compensation to the next of kin of the deceased. It was stated that the case being sub judice, the decision of payment of compensation would be premature at this stage. 6.99 The Commission considered the matter on 11 October 2007 and inter alia observed and directed: “The argument advanced on behalf of the Ministry can not be countenanced. The function and jurisdiction of a criminal court is entirely distinct and separate from that of the Commission. While the Court fixes culpable liability and punishes the guilty, the Commission makes its recommendation with a view to wipe tears from the eyes of the aggrieved by giving him/her monetary compensation. The standard of proof in a criminal trial is quite rigorous and the guilt has to be established beyond all reasonable doubt, but immediate monetary relief can be awarded on the basis of overall probability and only a prima facie case has to be made out. It will be in the fitness of things that the issue of immediate monetary relief is not confused with criminal liability. The Government of India is, therefore, advised to comply with the recommendation made by the Commission vide proceedings dated 3 August, 2007.” The compliance report is awaited. 26. Custodial Torture of Uttam Saha by BSF Personnel in West Bengal (Case No. 529/25/2000-2001-PF) 6.100 The Secretary, Organization for Protection of Democratic Rights, West Bengal, in his complaint dated 27 December 2000 stated that on 23 July 2000 at about 8 a.m. one Uttam Saha, aged about 40 years, was tortured brutally by BSF personnel of 48 Battalion and was even administered 500 ml. of alcoholic substance which resulted in methyl alcohol poisoning and led to complete loss of vision in both his eyes. Apprehending his serious condition, Uttam Saha was admitted to Uttar Dinajpur District Hospital and was thereafter transferred to SSKM Hospital in Kolkata. 6.101 The Commission on perusal of the record found that the allegations of torture by BSF officials, which resulted in the loss of eyesight of Uttam Saha were true. The victim Uttam Saha had suffered physical and mental harassment. His human rights had been violated and it is a fit case for grant of monetary relief. The Commission, therefore, recommended a sum of Rs. 50,000 as monetary relief to be paid to the victim. The Secretary, Ministry of Home Affairs, New Delhi was directed to submit the proof of payment in four weeks. As the compliance report was received, the Commission closed the case. National Human Rights Commission 49