Annual Report 2010-2011 4.70 On receipt of proof of payment from the Government of Bihar, the case was closed by the Commission. 16. Killing of Two Undertrial Prisoners of Fatehpur District Jail by the Uttar Pradesh State Police (Case No.43224/24/2005-2006-CD) 4.71 The Commission received an intimation dated 11 March 2006 from the Superintendent, Fatehpur District Jail in Uttar Pradesh, stating that two undertrial prisoners, namely, Maharajden Yadav and Satish Maurya had been murdered while they were being taken to the hospital. The facts as disclosed in the summoned reports stated that the two undertrial prisoners were taken out of Fatehpur District Jail on 7 March 2006 on the pretext of sending them to Swarup Rani Hospital in Allahabad for treatment under police escort. They were instead taken to a brick kiln for procuring bricks free of cost by intimidating the owner. The owner of the brick kiln refused to oblige and consequently a scuffle took place in which both the undertrial prisoners were killed. The Sub-Divisional Magistrate, Khaga who inquired into the incident found that the two undertrials had been deliberately taken to the brick kiln in pursuance of a conspiracy hatched by Parasnath Singh, Superintendent of Fatehpur District Jail; along with K.P. Singh, Dy. Superintendent of the District Jail; Dr Jai Karan Prasad, Medical Officer of the jail and Inspector Rajinder Pal Singh. He recommended action against eleven persons, including K.P. Singh, Dy. Superintendent of Fatehpur District Jail. 4.72 Pursuant to the directions of the Commission, the State Government informed that a Criminal Case No. 14/2006 u/s 147,148,149,307,302,386,120-8 IPC had been registered at Police Station Dhata and on completion of all the investigations of the case a charge-sheet too was filed in the court. The Inspector General (Prisons) further informed the Commission vide letter dated 12 February 2009 that Dy. Superintendent, K.P. Singh was one of the charge-sheeted accused. He also conveyed that disciplinary proceedings had been initiated against K.P. Singh. 4.73 The Fast Track Court No. 1 in Fatehpur District had already convicted three accused in Criminal Case No. 14/2006. The Deputy Superintendent who had released the two undertrials had also been implicated as an accused but his trial somehow was stayed by the High Court of Allahabad. 4.74 As the High Court was seized of this matter, the Commission closed the case. 17. Death of Motahir Ali by Police in Silchar, District Cachar, Assam (Case No. 130/3/2/2007-2008-PCD) 4.75 The Commission received an intimation dated 23 September 2007 from the Deputy Commissioner of Police, Silchar in District Cachar of Assam about the custodial death of one person named Motahir Ali, son of late Akkaddas Ali, aged 45 years, on 21 September 2007 when the deceased was being taken to Silchar Medical College and Hospital by the police. 4.76 Pursuant to the directions given by the Commission, a report dated 27 February 2008 was received from the Superintendent of Police, Silchar in District Cachar stating that on 20 September 2007, the police was informed about an incident relating to assault and counter assault between two parties whereby it rushed to the spot. Sahabuddin and Motahir Ali were NHRC 33

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