1st national moot court competition (online) on 16th april, 2021

LOKMANYA TILAK LAW COLLEGE

TILAK MAHARASTRA VIDYAPEETH,

PUNE

(DEEMED TO BE UNIVERSITY)

ORGANISES

1ST NATIONAL MOOT COURT COMPETITION (ONLINE)

ON

16TH APRIL, 2021

1stNational Moot Court Competition, 2021 (Online)

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Releasing of Moot Problem and Brochure : 15th February, 2021.

Online Registration : 15th February, 2021- 25th March, 2021

Submission of Memorials (soft Copy) : 1st April, 2021.

Date of Competition : 16th April, 2021

Schedule for the Competition


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Lokmanya Tilak Law College, Tilak Maharashtra Vidyapeeth, Pune

Tilak Maharashtra Vidyapeeth (TMV) established in 1921 is recognized by the

Government of India in the year 1987 as the “Deemed to be University” under Section 3 of UGC

Act, 1956. We offer programs in multiple disciplines such as Ayurveda, Sanskrit, Social

Sciences, Modern Sciences & Professional Skills, Management, Health Sciences, Law and

Distance Education.

TMV’s Lokmanya Tilak Law College was established in 2012 and approved by the Bar

Council of India. B A., LLB (Five years) and LLB (Three years) courses are offered. In its

pursuit of excellence ourinstitution aims at not only professionalism but also ethical values and

social responsibility and hence the curriculum is designed to transcend the boundaries of

academics to be relevant to the changing corporate and social requirements.

About the Moot Court Competition

TMV’s Lokmanya Tilak Law College endeavours to develop legal acumen and research skills of

the students and provide a platform to explore emerging issues of law. Law College takes

immense pleasure in announcing the First National Moot Court Competition 2021.

ROUNDS OF THE COMPETITION

The competition will have the following rounds:

a. Preliminary Rounds,

b. Quarter Final Rounds,

c. Semi Final Rounds,

d. Final Round.

LANGUAGE

The language of the competition will be English.

ELIGIBLITY


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a. Students pursuing 3 years/ 5 years undergraduate LL.B. degree course are eligible to

participate in this competition.

b. Only one team can participate from each institution.

TEAM COMPOSITION

Each team of the competition shall consist of the following members-

a. Each team shall consist of three(3) members. Teamsshall have two (2) speakers one (1)

researcher

b. All the three members of the team, should belong to the same institution. No crossteams

i.e. members of different universities, shall be allowed.

c. Each team should identify such speakers and researchers at the time of registration. The

researcher may be permitted to argue as speaker only in case of illness or any unforeseen

event, but a written permission of the Moot Court Convener in such case shall be

mandatory.

d. There shall be no circumstance whatsoever that a team consisting of more than 3

members be allowed to participate. No observer/ additional member can be part of a

team in any capacity.

e. There shall be no substitution of any team member after a team has submitted its

Registration Form, except with the permission of the Organizers.

DRESS CODE

The participants shall adhere to following dress code when present in any court room during

the Competition.

a. Girls: White Shirt, Black Trouser and Black Tie along with Black Blazer and Black

Shoes.

b. Boys: White Shirt and Black Trouser along with Black Tie, Black Blazer and Black

Shoes

Note: The participating teams shall also adhere to the above- mentioned dress

code while attending the inaugural and valedictory ceremonies of the

Competition.

PARTICIPATION & REGISTRATION


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In order to confirm participation, teams of every Institution should register themselves.

Registration fee for every team is Rs. 1000/- (One Thousand Rupees Only)

The duly completed Google Form for Registration with all team details andNEFT must

be submitted to the Moot Court Association on or before25th March, 2021 by 11:59 p.m.

(IST). No change in the names of the participants shall bepermitted after the receipt of

the Registration Form, except at the sole discretion ofthe Organisers.

All teams shall be given a ‘‘Team Code’’ by the Organisers on validation of theirGoogle

Form for Registration and NEFT.

The teams shall use their designated “Team Code” for all correspondence withthe

Organizers.

The same team code must be used by the teams during the submission ofMemorials and

during all the Rounds of the Competition.

The Teams have to register via this link:

https://forms.gle/atum9g8wBi387rey6

Account Name and Details for Transfer of Registration fees are given below:

Registrar, Tilak Maharashtra Vidyapeeth

1) Bank of Maharashtra, TMV Colony Branch, Pune – 37

S.B. A/c No. : 60328672656

IFSC CODE: MAHB0000320

MICR No. : 411014056

MEMORIAL

The following requirements for memorial must be strictly followed by the participants-

a. All memorials submitted for all purposes of the Competition shall strictly adhere to

the rules of the Competition. Each Team participating in the Competition must

prepare one Memorial on behalf of Petitioner(s)/ Appellant(s) and one on behalf of

the Respondent(s). Further each team has to submit only soft copies of the

Memorials from each side. Non-compliance will entail a penalty of 1 point per copy

not submitted.

b. Appellant memorials are required to have a Blue cover and Respondent memorials

are required to have a Red cover. The memorials shall not contain any form of

identification apart from the team code. If any such identification or mark, symbol,

etc. which has the effect of identifying the team is found on the memorial, then it

https://forms.gle/atum9g8wBi387rey6


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shall result in instant disqualification. A penalty of 1 mark shall be levied in case the

memorial is submitted in any other format or as a multiple file by the team. The hard

copy of memorial must be exact replica of the soft copy submitted with the

Organizers. Any difference in the same will result in disqualification from the

Competition.

c. While sending the softcopy of the memorials in PDF format, please name the file

pertaining to the Respondent as R accompanied by the team code and name the file

pertaining to the Petitioner as P accompanied by the team code. For example,

Respondent of team 06 should name the PDF file as R06.

d. Each Team must send a soft copy of their memorials, in PDF format only, for

evaluation by 1st April, 2021 before 11:59 P.M. to [email protected]

with the subject “Submission of Memorials for 1st National Moot Court

Competition, 2021 ”.

GUIDELINES FOR FORMATTING

1. STRUCTURE OF MEMORIAL

a. Cover Page,

b. Table of Contents,

c. Index of Authorities,

d. Statement of Jurisdiction,

e. Statement of Facts (Argumentative statement of facts would attract

penalties),

f. Issues raised,

g. Questions of Law/ Summary of Arguments,

h. Arguments Advanced,

i. Prayer

j. Appendix (Optional),

k. Exhibits (Optional).

Non-compliance with above non optional criteria shall result in penalty of two

marks for each missing section.

2. TEAM CODE: The team code must be ascribed on the top right corner of the

cover page.

3. CONTENT SPECIFICATIONS: The following content specifications must

be strictly adhered to-

a. Font and Size (General) - Times New Roman, 12 pts

b. Line Spacing (General) - 1.5 lines

c. Font and Size (Footnotes) - Times New Roman, 10 pts

mailto:[email protected]


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d. Line Spacing (Footnotes) - Single line

e. Page Margins - 1 inch on all sides

f. The citation should be in compliance with the 20th edition of Bluebook.

Speaking footnotes or Endnotes are not allowed.

4. MARKING CRITERIA OF MEMORIALS: The maximum scores for the

memorials shall be 100 marks: The memorials shall be evaluated on the following

criteria:

a. Knowledge of Law and Facts : 30 Marks;

b. Proper and Articulate Analysis : 30 Marks;

c. Extent and Use of Research : 20 Marks;

d. Clarity and Organization :10 Marks:

e. Grammar and Style :10 Marks.

DRAW OF LOTS

The Draw of Lots will determine from which side will be participatingteam present their arguments

i.e., Petitioner/Plaintiff or Respondent/Defendant. The Drawof Lots will also decide which team

you will be competing against (There will be no pre-decidedfixtures).The team codes will beprovided

to teams before the draw of lots but their sequence of participation will be decidedthere on.

ORAL ROUNDS

A. PRELIMINARY ROUNDS

a. Each team will get a total of 20 minutes to present their case.

b. Each speaker should speak for a minimum of 8 minutes.

c. The time stated above includes the time required for rebuttal and sur-rebuttal. However, the

maximum time taken for rebuttal and sur-rebuttal shall be not more than 5 minutes.

d. Each team shall present one side in this round. The team willrepresent Petitioner's side or the

Respondent' side, in the sequence determined under Drawof Lots. The top 12 team based on their

Total Preliminary Score in the Preliminary Roundshall qualify for the Quarter-Final Rounds. Total

Preliminary score does not include thememorial score.

B.QUARTER FINAL ROUNDS


b. Each speaker should speak for a minimum of 8 minutes.




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d. The top 8 teams from the Preliminary Round shall proceed to the quarterfinals. This will be a knockout round; hence winners will be decided on the basis of the courtroom win. The Draw of Lots will also decide which team you will be competing against (There will be no pre-decided fixtures).

B. SEMI FINAL ROUNDS AND FINAL ROUND


b. One speaker shall not use more than 15 minutes of the total time.



c. This will be a knockout round.

C. MARKING CRITERIA

Maximum scores for the oral rounds shall be 100 points per speaker, and which shall be

judged on the following criteria:

a. Knowledge of Law :20 Points

b. Application of Law to Facts : 20Points

c. Response to questions & Articulation : 20 Points.

d. Poise, Courtesy and Demeanor :20 Points;

e. Time Management : 10 Points;

f. Organization : 10 Points

D. General Online Rules:

1. The oral rounds shall be conducted online on a live video conferencing platform. The details of

the platform shall be shared to the teams via mail.

2. An Invitation link of the meeting shall be sent to participants on their respective email IDs

submitted by them in Registration Form.

3. The Participants are expected to be seated in a quiet space free from any echo and isolated from

any form of disturbances.

4. The Participants must make sure that the Background is plain and sober which does not disturb

the judges. Preference will be given to a White background. The participant should be visible in

Portrait Mode / Vertical Manner.

5. The participants should only use their team code as their username while joining the meeting

room.

6. All participants should be online at least ten (10) minutes prior to the commencement of their

round.

7. Following are the mandatory system requirements to participate in the competition:


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a. Computer/Laptop with a well configured web cam.

b. A stable Internet Connection

c. Headphones or Earplugs that have a working microphone.

8. While in a round, the participants must have their camera on all the time.

9. The participants should unmute their microphone when it is their turn to present their arguments,

speak or when asked by the judge or the Organizers to do so.

10. The participants should not use group text feature of the Organizer’s hosting platform to

communicate with one another.

11. No screen sharing is allowed.

12. The Organizers shall not be responsible for any loss due to slow or non-functional Internet

Connection during the Competition.

13. In any case whatsoever, the decision of the Organizers shall be final and binding.

14. The organizers shall have the rights reserved over all the audio, video or submitted memorials

and compendium and the organizers are free to use or dispose them off in the manner they deem fit.

CATEGORIES OF AWARDS:

a. Winner of the Final Round will be given the “Best Team” certificate, memento and a cash prize

of Rs. 7000

b. Runner-up of the Final Round will be given the “1st Runner Up” certificate, memento and a

cash prize of Rs. 5000

c. Team with the highest memorial scores will be given the “Best Memorial” certificate, memento

and a cash prize of Rs. 1000

d. “Best Mooter” award will be given the “Best Mooter” certificate, memento and a cash prize of

Rs. 1000

e. In addition to the above, certificates will be issued to all the participants only during the

valedictory function and no prior request shall be entertained in any case.

The student counsels shall not state their names during the oral rounds and must use the

assigned team code for all correspondence. All team members must refrain from disclosing the

identity of their institutions at any time and in any manner during the entire Competition. Non-

compliance with this Rule will result in immediate disqualification of the team.

ANONMITY

AWARDS AND CERTIFICATES


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The decision of thejudges with regard to the outcome of the rounds shall be final. For all

purposes and in any dispute, the decision of the Convener of the Organizing Committee of the

Competition shall be final and binding.

CLARIFICATIONS

Any clarifications regarding competition and the moot problem may be sought from the

following faculty members-

1. Asst. Prof. Shruti Das - + 91 7300911778

2. Asst. Prof. Seema Patil – + 91 9763578976

E-mail id- [email protected]

Help Desk – Time – 9.00 a.m. to 4.00pm.

DeokarVrushali– 020-24403102

ORGANISING COMMITTEE MEMBERS

1. Dr. Prakash Deshmukh

2. Dr. Gauri Kala

3. Asst. Prof. Vijay Kakade

4. Asst. Prof. Vidhya Shetty

FINALITY OF DECISION



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MOOT PROPOSITION 1. The Great Land of Abhirat occupies a very important place in the history of the

civilization of the world. It was a land of advanced culture, socially conscious as a

community with their own national polity accommodating various social strata and

strength which is different from the other countries since the early times of the political

history of the world.

2. Abhirat, officially The Republic of Abhirat, is a country now in South of Asia. Abhirat

has seen various invaders due to the rich cultural trade and mineral richness since 350

BC. Gradually annexed as a colony by the Britishers in the early eighteenth century that

made Abhirat went through many upheavals at many levels and as a result gave rise to a

historic independence movement in the mid-nineteenth century. Abhirat then became an

independent nation in 1950 after a struggle for independence that was marked by

widespread resistance that resulted in many damages. Till now Abhirat follows many of

the laws made by the Britishers when Abhirat was a colony of The Britain.

3. The Republic of Abhirat now is a federal constitutional republic with parliamentary

democracy consisting of 28 States and 10 Union Territories. It is a truly pluralistic,

multilingual and multi- ethnic society,

4. In 900 AD, the Arab Merchants arrived Abhirat and introduced with the Opium drug

which was to be used as the medicine for curing the disease such as for analgesic effects

but later on the people started consuming as an addiction. People then started consuming

this drug as pill or with the water.

5. Later in 1300 AD, the cultivation of the Opium started in the country’s coastal regions

specially western coast, but when the demand increased in the country the farmers were

unable to produce the same, then the drug was imported from different parts of the world.

6. When Britishers in early eighteenth century stepped in Abhirat, they saw this product as

the great source of business and started exporting the Opium to the other countries.

During the end of eighteenth century, the Government of Abhirat banned the Opium but

the British Government took over the control of the cultivation of the Opium in Abhirat

therefore the exportation of the Opium remains continue to float. This gave to huge profit


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to the Britishers and they expanded the cultivation of the opium business. In the

beginning of twentieth century Opium was banned partially. In 1985 Government of

Abhirat enacted “The Narcotic Drugs and Psychotropic Substance Act”. In this Act the

government repealed all the past statutes restricting the Opium drugs usage. According to

this Act the manufacturing, selling, importing, exporting and consuming all were seized.

The cultivation of medicinal level opium was only allowed in addition to the exportation

and importation of the same.

7. Abhirat is the one of biggest market for drug consumers, so the supply is fulfilled

according to the consumer’s demand. There are various methods of consuming drugs

such as smoking, injecting, or snorting depends on the consumer how effectively it

influences his/her brain. Some of the very common drugs remains in the highest demand

in Abhirat are: Codeine, Fentanyl and fentanyl analogs, Heroin, Morphine, Opium,

Oxycodone HCL, Hydrocodone bitartrate, acetaminophen, Anabolic Steroids, LSD

(lysergic acid diethylamide).

8. The most drug addicted age group is of 18-35 years. In Abhirat the major proportion of

the teens involve in the drug consumption are 60% in the State of Mahirat and State of

Adhirat and nearly about 35% in the State of Mahipatra and State of Gangopatra in the

same percentage. In Abhirat about 7% or more people are committing suicide in which

3.3% of them were due to the influence of drug abuse.

9. Dingarh, a semi urban district in Mahirat State of Abhirat is famous for frequent illegal

activities like extortion, drug smuggling, murders etc. According to police and Narcotics

Control Beaureau reports there are two gangs,namely,Pattu Gang and Artra Gang in

Dingarh who not only control 85 % of drug smuggling in the State of Mahirat but also

much of the illegal drugs sold in Adhirat and southern states. Around 500 cases of drug

smuggling cases have been reported in last 5 years from this district. Newspaper reports

there were more than 6.5 million-dollar worth illegal drug transaction in the State of

Mahirat.

10. In August, 2019 there was a gang war and head of Artra Gang, Mr. Joe was killed by

Pattu Gang in Dingarh. Mr. Joe had been accused in many drug peddling cases and also

five murder cases in Mahirat. Police was trying to arrest Mr. Joe since 2009 but he was


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absconding along with his two acquaintances Mr. Joshi and Mr. Patrick. The murder was

believed to be performed by rival gang. Police arrested Ibrahim, Dutt, Patwa and Zoheb

in connection with the murder of Mr. Joe. Mr. Ibrahim and Dutt were active gang

members of Pattu gang. Patwa (Aged 17 years) and Zoheb (Aged 16 years) were found to

be used by Pattu Gang for drug peddling on 14th December 2019.

11. Mr. Ibrahim along with his two associates were charged with homicide and gang assault

of a man named Dhavekar in 2001 and was soon caught my Mahirat Police. They were

sentenced to rigorous life imprisonment in 2002. While incarcerated at the jail in nearby

district. Annoyed by Ibrahim’s terror tactics, the prison authorities transferred him

to another jail. There, he took part in a hunger strike and lost almost 20 kg before being

admitted to the local civil hospital. He utilised this this opportunity to escape on

November 2009.

12. On December 15th 2019, Ibrahim, Dutt, Patwa and Zoheb were produced before the

Judicial Magistrate First Class and the State of Mahirat prayed for 14 days Policy

Custody of 4 suspects for the investigation purpose. Judicial Magistrate of First Class

accepted the plea of State of Mahirat and they were sent to police custody for 14 days. On

16th December, 2019 according to the Dingarh Police, Ibrahim and Dutt accepted and

explained how they killed Joe. They also explained how they are using minors for drug

peddling. On 17th December, 2019 ten policemen took the four suspects, without any

handcuffs, to the crime scene for reconstruction of the crime. The police was looking for

a solitaire bracelet that Mr. Joe was known to be wearing all the time and which went

missing. According to Police Authorities, four of them tried to escape and ran away.

When police asked them to stop, they started throwing stones to the police officers.

Police officers constantly asked them to surrender but they did not. Hence, as a retaliation

the police had to gun them down.

13. Popular and social media glorified this instance of police brutality, and many cheered on

their occurrences. Dingarh Police was termed as ‘Encounter-Specialists’. Some human

rights activists and legal luminaries criticised the encounter to be staged and fake. They

exclaimed it to be against human rights and extrajudicial.


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14. The family of Patwa and Zoheb along with others protests on killing of their minor

children. According to family of Patwa and Zoheb, the minor boys were street hawkers

selling mobile phone holders and other plastic items. Other human rights activists also

joined them. They were collected in huge number in a park in Dingarh and started to

demand justice for the fake encounters and stricter laws to curb this human right

violation. On January 20th, Judicial Magistrate First Class of Dingarh initiated an inquiry

into the encounter and they appointed the police team of Bahirpur Police Stationunder

the supervision of an Assistant Superintendent of Police for investigation into the matter.

The investigation report found the police men not at fault for the death of the Hand cause

of death to be accident. Families of deceased suspects expressed that the investigation

report was not independent. A non profitorganisation named “Law for All” filed a writ

petition in Mahirat High Court to curb extra judicial encounters in Mahirat on 20th

February, 2020. They claimed that according to government data there are more than 545

deaths of suspects in police encounters in last 5 years in the State of Mahirat.

15. The High Court of Mahirat looked into the matter and held that they fully understand that

police officers in Adhirat have to perform a difficult and delicate task. Their work

become hard row to hoe when they deal with hardcore criminals, like, extremists,

terrorists, drug peddlers, smugglers who have organized gangs, have taken strong roots

in the society. They having the responsibility to conduct investigation in an efficient and

effective manner so as to bring them to justice. The police when follows the rules

established by Criminal Procedure Code and to curb menace in Society then it is not

extrajudicial.

16. An appeal on the matter was preferred by the NGO,Law for All, in the Supreme Court of

Abhirat.

17. As the protest for Patwa and Zoheb’s encounter was resurfacing on social media and

internet and people were blaming the police for their wrongs. All people started to

organise rallies in the state and hashtag of police murderer and Justice for Patwa and

Zoheb started resurfacing during the month of December 2019 and January 2020. In the

month of January, 2020 due to continuing protests and also gang wars as a result of

killing of Gang members of both gangs, Ministry of Home Affairs banned the internet


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services on the ground of public emergency on 12th January, 2020 for 48 hours in

Dingarh District. It was extended again for 72 hours on 14thJanuary, 2020 and again for

72 hours on 17th January, 2020. Internet was resumed on 19th January, 2020 but again

suspended for 72 hours on 21stJanuary, 2020. Agitated by this Free the Internet group

file a writ petition on violation of fundamental right to Internet in Mahirat High Court.

18. The Court held that the internet shutdown was valid as it followed proper procedure

established under proper rules. The judgement was also challenged before the Supreme

Court of Abhirat.

19. Supreme Court of Abhirat has clubbed both the appeals and the matters are pending for

hearing on 16.04.2021.

NOTE:

1. All statutes & laws of the Abhirat are parimateria with the statutes & laws of India. Moreover, the

Abhirat’s commitment to the international covenants, treaties and customary laws are same as India.

2. The Proposition is neither intended to nor does it attempt to resemble any incident or any

person, living or dead. Any such resemblance is purely coincidental. The Proposition is a fictitious

factual account prepared for the purposes of the present Competition only and it does not attempt

to influence or predict the outcome of any matter whatsoever.

3. On behalf of both the Petitioner and the Respondent, draft petitions and make oral arguments

based on the above information.

4. Participants can make their own issues.

5. For any clarity regarding moot problem, participants can email at [email protected]

with subject line, “Regarding Clarification in moot problem”. No calls will be entertained in this

matter.



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Patrons

Dr. Deepak J. Tilak Dr. Geetali Tilak

(Hon’ble Chancellor, TMV) (Hon’ble Vice Chancellor, TMV)

Dean

Adv. Harshad Nimbalkar

Chairman

Prof. (Dr.) K K Sri Rama Chandra Murthy

(Principal and Head, Dept. of Law)

Convenor

Asst. Prof. Ketki Dalvi

Co-ordinators

Asst. Prof. Shruti Das Asst. Prof. Seema Patil


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1st national moot court competition (online) on 16th april, 2021

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Transcript of 1st national moot court competition (online) on 16th april, 2021