Advocacy Premier League

GLC CCCG overnm ent Law College Kozhikode, Career and Counselling Cell

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GLCK Advocacy Premier League2.0. Document

Contents1. About Government Law College, Kozhikode(GLCK):....................3

2. GLCK Career and Counselling Cell (GLCK CCC):......................3

3. Advocacy Premier League(APL):.....................................3

4. APL 2.0: A Birds Eye View:........................................4

5. Detailed Stages:1.................................................6

5.1 Stage 1: Think High…..!!!......................................65.2 Stage 2: “Score High..!!”.....................................7

5.3 Stage 3: “Perform high..!!”...................................105.4 Stage 4: “Bid high..!!”.......................................10

5.5 Stage 5:“Argue high..!!”......................................115.6 Winner’s evening “Party high..!!” ............................12

6. Committees.......................................................12

7. APL Dispute Resolution Body......................................13

Appendices..........................................................14

Appendix 1: Pointing Criteria for class activities in Stage 1......14Appendix 2: Pointing criteria for Mooter Selection in Stage 2......14

Appendix 3: APL 2.0 GLCK Moot Fixture Pattern:.....................16Appendix 4: Present Point Status...................................17

Appendix 5: Tentative schedule of GLCK APL 2.0:....................181

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Appendix 6: List of Physical Activity Zones........................19Appendix 7: APL 2.0 GLCK Moot Court Competition Rules..............20

Appendix 8: APL Grand Finale Moot Court Competition Rules..........22Appendix 9: APL Sample Score Sheets................................29

Appendix 10: APL Moot Problem 2013.................................38

1.About Government Law College, Kozhikode(GLCK):

Government Law College, Kozhikode is the oldest legaleducation institutions in Northern Kerala. Establishedin 1971, it has contributed a number of distinguishedjudges, lawyers, legal managers etc., and its alumniare currently spread over all parts of the world.Affiliated to University of Calicut and recognised byBar Council of India, it currently runs 5 year LLBcourses as BBA LLB(Hons), BA, LLB and a 3 year LLBCourse.

2.GLCK Career and Counselling Cell (GLCK CCC):

Career and Counselling Cell in Government Law College,Kozhikode (GLCKCCC) was founded on the firm belief thatin a legal education institution, traditional careercounselling activities like recruitment camps is notfeasible as such activities are against the spirit ofprofessional legal education. GLCKCCC believes thattraditional career programmes should be supplemented byinnovative programmes inculcating professionalism,confidence, self reliance and organisational skills in

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the law students is the best method to create goodlegal experts out of our students. Established in 2011,GLCKCCC has been successfully conducting InductionProgrammes for 1st Year LLB students, an ongoing courseon Thinking Skills, and also managing the internshipand recruitment activities of the college.

Further details about GLCKCCC can be had from our Facebook page:http://www.facebook.com/glck.careerandcounsellingcell

and also

http://www.facebook.com/pages/Government-Law-College-Kozhikode-Career-and-Counselling-Cell/233617796656035.

3.Advocacy Premier League(APL):

Advocacy Premier League was introduced in GovernmentLaw College, Kozhikode in 2012. Introduced in Academicyear 2011-12, GLCK Advocacy Premier League wasoriginally an inter class moot court competition onleague basis in which all eight classes of GLCK formstheir moot team and compete in the league.Conceptualised by a group of students, and accepted bythe faculty and students of Government Law College,Kozhikode, this idea of APL is widely appreciated inthe local and state media.

3.1 Aims:

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http://www.facebook.com/pages/Government-Law-College-Kozhikode-Career-and-Counselling-Cell/233617796656035


http://www.facebook.com/glck.careerandcounsellingcell


3.1.1.1 To revamp the professional atmosphere inGLCK.

3.1.1.2 To inculcate young budding lawyers of GLCKwith advocacy skills and professionalism.

3.1.1.3 To develop a academic spirit andentrepreneurial skills of the students of GLCKand to make them confident in their skills.

Further details and photos of APL 2012 is available in our APL face book page: http://www.facebook.com/pages/GLCK-Advocacy-Premier-League/177252755712021?ref=hl

4.APL 2.0: A Birds Eye View:

GLCK APL 2.0 is a combination of inter class and intercollegiate Moot Court Competition where the best ofGLCK meets the best of the other institutions in mootcourt competition after being selected through theinterclass moot court competition. APL 2.0 is alsoabout student power: it is a show-case to show thatstudents of GLCK are its real assets and if properlymotivated, are capable of bringing out the best oftheir skills in a disciplined manner and for thebetterment of the institution and the nation. In APL2.0, each of the classes will score points byconducting 5 types of activities:

Academic Activities, including but not limited tomock trials, moot courts, quizzes etc

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http://www.facebook.com/pages/GLCK-Advocacy-Premier-League/177252755712021?ref=hl



Cultural activities, including but not limited todance, music, food festival, crafts festival etc.

Social Legal activities including but not limitedto legal aid surveys, camps, lok adalats, socialwork etc.

Physical activities, which has two parts- a.Futurista, an idea competition in which studentsare to give their wholesome, practical and costeffective ideas about their concept of an idealcampus or for development of a particular zone inthe campus and b. beautification of a zoneallotted to them using their own ideas.

Sports activities

The marks for each activity are awarded on the basis ofscoring criteria as follows:

Creativity (for all activities) Max 1000, Min 50points.

Innovation(for all activities) Max 1000, Min 50points

Presentation(for all activities) Max 1000 Min 50points

Co-ordination(for all activities) Max 1000 Min 50points

Constructive use of natural resources(forphysical activity) Max 20000 Min 50 points

Social Impact(for all activities except physicalactivities) Max 50000 Min 50 points

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These points will be used by teams to participate inthe 2 rounds of auction:

Auction 1: for bidding teams for interclass moot courtcompetition- the base price of the participatingmooters shall be fixed based on their scores in acombination of debate, Legal Drafting and ProblemSolving Competitions and these mooters shallparticipate in the inter class moot courtcompetition with the whole class, which bid thembehind them- the glory of winners is shared bytheir sponsor class too. The winners of thisinterclass moot court competition shall representthe college as Home team in APL Grand Finale MootCourt Competition.

Auction 2: for bidding teams for APL 2.0 Grand FinaleMoot Court Competition: The teams bidding theparticipants of APL 2.0 Grand Finale Moot CourtCompetition shall sponsor the teams during the stayof the team in the campus and shall be responsiblefor their stay, accommodation and food. The teamsshall participate in the Competition asrepresentatives of both their college as well astheir home team which bid them. The Code namesgiven to each team shall be that of the sponsoringclass and the winners glory shall be shared by thesponsoring class along with the team- both the

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teams as well as sponsoring class will get trophy’sand certificates.

5.Detailed Stages: 5.1 Stage 1: Think High…..!!! 5.1.1 There will be an Idea Competition named

‘futurista’ for the development andbeautification of our campus.

5.1.2 Ideas should be original, fully formed,detailed and cost effective to achieve thedesired result. The ideas should contain the costinvolved in implementing the idea and should bepractical.

5.1.3 Idea shall pertain to complete development ofany of the eight zones prescribed as physicalactivity zones by the rule or generally of thecollege campus inclusive of one or more zones.

5.1.4 Ideas not pertaining to complete development ofminimum of one zone shall not be considered for2000 points.

5.1.5 Individual entries are invited from thestudents and each entry will earn 10 points totheir class account.

5.1.6 One person cannot submit more than one entry.5.1.7 Participants are directed to prepare the write

ups of their ideas in A4 size paper neatly handwritten or typed with their name, class andcontact number on it.

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5.1.8 Entries shall be dropped in the futurista dropbox placed at college portico. No entries shallbe received by hand.

5.1.9 Ideas shall be submitted from 28th January2013. Last date of submission is 13th February2013. No entries shall be accepted after theperiod.

5.1.10 Eight best ideas will be selected and will beawarded with 2000 points which shall be creditedto their class account.

5.1.11 Selected ideas including the best eight ideaswill be published on ‘futurista idea wall’ withinthe campus.

5.1.12 Published ideas will be the property of GLCK/GLCKCCC and there will not be any restriction toany class in implementing any of these ideaseither during or after APL 2.0. subject to thepermission of the College Authority.

5.1.13 Futurista judging panel have the power toreject the entries without awarding any points onreasonable grounds.

5.1.14 GLCKCCC reserves right to change rules andaward marks. Grievances should be presented asper APL Grievance Redressal Procedure in APL 2.0Rules.

5.2 Stage 2: “Score High..!!”

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5.2.1 All the classes will be given a fixed period oftime in which they can do various kinds ofactivities in the college campus.

5.2.2 The activities have to be conducted in twophases of 15 days each. Points scored duringfirst phase along with points carried over fromAPL 1.0. shall be considered for First Auction.Points scored during second phase along withpoints carried over after First auction shall beconsidered for the Second Auction.

5.2.3 Activities are of 5 kinds. They are;a. Academic activities:

Activities which students apply theirthought, reason, intelligence andanalytical thinking relevant to legalstudies.

It may include Debates, Discussions,Quiz, Seminars, Drafting, mock trials,etc.

b. Cultural Activities: Activities showing the aptitudes and

taste of students in fine arts andliterature.

It may include competitions andinitiatives in the area of fine artsand literature.

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Each team shall be given a specificdate to conduct their on-stagecultural activities.

It shall include spot photography,Arts fests, Food fests, exhibitions,Crafts and such other activities whichwould lead to the cultural renaissanceof the campus.

Activities which affects Decency,Morality or demeaning the reputationof any individual or the Institutionor which is prohibited inside theCampus shall not be allowed. Suchactivities would attract penalties.

The Organizers shall have the power toreject any proposals of suchactivities.

c. Physical activities: Activities in which students

contribute towards the development ofcollege campus using their physicallabour.

Each team will be given a specificzone for physical activities. Theactivities shall be confined withinthose areas.

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Activities should not be destructiveand it must be for the development ofGLCK campus.

Futurista marks will be added toPhysical activity marks

d. Sports: Each team has to organize an intra-

college competition on a given sportsitem.

It shall include Athletics, Cricket,Foot ball, Badminton, Kabadi, VolleyBall, Chess & Caroms and Kho-Kho.

e. Socio-legal activities: Activities which makes some positive

impact on the society. The teams can conduct Surveys, Camps,

Adalaths, legal literacy classes etc.as part of these socio-legalactivities.

5.2.4 The judging panel will assess the wholeactivities and will give them scores as per thecriteria laid down by this document in Appendix1.

5.2.5 Teams can conduct any number of activitiesunder each head, and there is no limit for thenumber of activities that can be conducted, butthe maximum score for a single activity under anyhead conducted within the class shall be

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5000(1000 points under each of the 5 scoringcriteria), for an activity conducted within oroutside the campus involving students from otherclasses shall be 9000(5000 points under socialimpact criterion and 1000 points under each ofthe other 4 scoring criterion), for an activityconducted within or outside the campus involvingstudents from other colleges in Calicut cityshall be 14000(10000 points under social impactcriterion and 1000 under each of the other 4scoring criteria), for an activity conductedwithin or outside the campus involving studentsor general public from outside Calicut city butwithin state of Kerala shall be 19000(15000points under social impact criterion and 1000each under each of the other 4 scoring criteria)for an activity conducted within or outside thecampus in national level shall be 24000(20000points under social impact criterion and 1000each under each of the other 4 scoring criteria),and for an activity conducted within or outsidethe campus in international level shall be54000(50000 points under Social impact criterionand 1000 each under each of the other 4 scoringcriteria).

5.2.6 The classes are free to raise funds fromexternal sources, but any such proposal to raisefunds have to be submitted first to the APL

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organizing committee and only after takingnecessary approvals from the college authorities,the teams shall receive funds. Proper accounts ofexpenses with bills have to be submitted to theAPL organizing Committee before the APL secondauction and such activities shall be counted forpoints only if the full expenditure statement andbills are submitted to the APL Committee and arepublished in the class/college.

5.2.7 All teams have to submit a list of theactivities they are planning to conduct duringthe first phase of APL 2.0 on or before 11th Feb2012. (8th to 23rd Feb 2013) Activities to beconducted during second phase (24th Feb to 8th

March 2013) have to be submitted at least 3 daysprior to each activity.

5.2.8 Each class (team) shall be responsible toensure that every activity they conduct arecompletely video graphed. For this the teams haveto coordinate with the Judges Committee andPublicity committee. The points for any activitywill be awarded only after the unedited andcomplete video of the whole of such activity issubmitted to the Judging Committee. The videosmay be edited at the discretion of the organisersand shall be uploaded in the website as well associal networking sites of GLCKCCC as well asAPL. The videos shall also be used to review in

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case of any dispute regarding the judging of suchactivity, at the discretion of the APL GrievanceCommittee.

5.2.9 On-stage activities of all categories shall beconducted on the day/day’s specifically allottedby the College authorities for the purpose. Eachclass will have to submit a list of items to beconducted on-stage and the order of conductingeach activity shall be decided by draw of lots.

5.2.10 The classes will be allowed to participate inthe auction with the score they secure in thisstage.

5.3 Stage 3: “Perform high..!!”. 5.3.1 List of mooters who are entitled to be bid in

the APL 1st stage auction shall be prepared byconducting Competitions on Legal Drafting,Problem Solving and Debate.

5.3.2 All the students of GLCK who are interested in participating in the moot court competition canparticipate in these competitions.

5.3.3 The judging panel will assess the studentsaccording to their performance in all the abovecompetition. Criteria for scoring in debate areprovided in Appendix 2.

5.3.4 On the basis of the score they secure, a ranklist of mooters shall be made and base price willbe fixed to each mooter.

5.4 Stage 4: “Bid high..!!” 15


5.4.1 There will be 2 auctions in which all classescan participate with the point they secured instage 1.

5.4.2 Each class is allowed to take 2 studentmooters/speakers by bidding them with the pointsthey have in their respective point banks.

5.4.3 The class which bid more will get the mooterover whom the bid was made.

5.4.4 No class will be allowed to bid a price whichis lower than the base price of the studentmooter.

5.4.5 Classes are allowed to take the speakers torepresent them irrespective of the class whichthe individual mooter belongs to.

5.4.6 The whole class can help their mooters inresearch of the moot problem .

5.4.7 Auction 1 First Auction will be conducted for the APL 2.0

GLCK Moot Court Competition. The teams will be allowed to participate in the

first auction with the points they secured within15 days from the launching of APL 2.0.

The points saved in APL 2012 will also be added tothe points made in APL 2.0.

5.4.8. Auction 2 Second Auction will be conducted for the APL 2.0

Grand Finale Moot Court Competition in which the

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representatives of other law colleges will beparticipated.

Each team can take 1 team by bidding them with thepoints they have in their respective point banks.

The teams shall have the responsibility to ensureall facilities to the participants for the APL 2.0Grand Finale Moot Court Competition.

5.5 Stage 5:“Argue high..!!”. 5.5.1 There will be a APL 2.0 GLCK Moot Court

Competition and a APL 2.0 Grand Finale Moot CourtCompetition in which each class will participatewith the mooters representing their teams.

5.5.2 The competitions will be held in the leagueformat.

5.5.3 There will be 2 sessions i.e. super eight roundand Final Rounds for the APL 2.0 GLCK Moot CourtCompetition and 3 sessions, i.e., the super eightround, the semi final round and the Final Roundsfor the APL 2.0 Grand Finale Moot Courtcompetition.

5.5.4 Teams competing in the league will beclassified in to two groups for the purpose ofensuring equity in judgment process.

5.5.5 In the super eight rounds, each team will haveto present the case for both sides, i.e., thepetitioner and the respondent. The 4 teamssecuring higher scores will be getting qualifiedto the semi final round. Super eight rounds will

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be conducted as tabled in the fixture provided inAppendix 3.In APL 2.0 GLCK Moot Courtcompetitions 2 top teams will be going directlyto the Final Rounds.

5.5.6 In the semi-finals and final rounds which willbe held in knock out basis, each team will haveto represent one of the parties, i.e., eitherpetitioner or respondent. The opponents and theside to present shall be fixed by taking lot. The2 teams securing higher marks will be qualifiedto the grand finale.

5.5.7 The winning team of APL 2.0 GLCK Moot CourtCompetition can participate in the APL 2.0 GrandFinale Moot Court Competition as the Home Team.

5.5.8 GLCKCCC shall have the power to amend any ofthe above rules without affecting the basicnature of APL if it thinks fit.

5.5.9 Detailed Rules of APL 2.0 GLCK Moot CourtCompetition and APL 2.0 Grand Finale Moot CourtCompetition are given as Appendices 7 and 8.

5.6 Winner’s evening “Party high..!!” . 5.6.1 Formal announcement and the price distribution

ceremony will be held after the sessions areover.

5.6.2 If found feasible, a winners evening featuringthe best activities of GLCK APL 2.0 will be heldon March 24th, 2013.

6.Committees. 18


Organizing Committee.There will be an Organizing Committee toorganize, co-ordinate the programme. Thecommittee shall consists of 42 students fromeach LLB classes among which various other sub-committees will be formed.

Sub-Committees.There will be 14 sub-committees in which eachcommittee shall include 3 members. They are, i. Monitoring Committee - To review and

supervise the whole programmes andactivities of each team.

ii. 5 committees such as Sports Committee,Cultural Committee etc. to supervise thevarious class activities of each team andto ensure the availability of judges toeach activity.

iii. Finance Committee - To make and keepaccounts for the expenses.

iv. Grievance Committee – to settle disputesand difference of opinion among thestudents in relation to APL. This bodyshall consist of one nominated studentfrom each LLB classes. Any complaintsregarding APL 2.0 shall be reduced inwriting and dropped in the Grievance Boxkept inside the Campus. The Decisions ofthe Committee shall be final.

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v. Publicity Committee – to give widepublicity to APL season 2.

vi. Debate Committee – to make properarrangements for debate competition.

vii. Auction Committee – To make arrangementsfor the auction.

viii. Moot Committee.- To make arrangements forboth Intra- College and State Moot CourtCompetition.

ix. Judging Committee – To prepare the list ofjudges for Debate and both Moot CourtCompetitions and shall be responsible toensure the availability of Judges.

7. APL Dispute Resolution Body. 7.1 A dispute resolution mechanism named GLCK

Dispute Resolution Body shall be formed.7.2 It shall comprise of Principal of GLCK, Faculty

organizers of GLCK APL and such other Members ofFaculty as the Principal may nominate to the Bodyand shall be headed by Principal.

7.3 Body can decide the matter considering theprovisions of this document.

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Appendices

Appendix 1: Pointing Criteria for class activities in Stage 1.Criteria MarksCreativity. Max 1000 Min 50 pointsInnovation. Max 1000 Min 50 pointsPresentation. Max 1000 Min 50 pointsCo-ordination. Max 1000 Min 50 pointsConstructive use of naturalresources.(physical alone)

Max 20000 Min 50 points

Social Impact(all exceptphysical activity)


Total(For activities exceptPhysical activity)


Total(For Physical activity) Max 24000 Min 250 points

Appendix 2: Pointing criteria for Mooter Selection in Stage 2.Debate:

Professionalism in debate Max 100 Min 10Argumentative skill Max 100 Min 10Language skill Max 100 Min 10Organisation of statement Max 100 Min 10Factual relevance of statement Max 100 Min 10Presence of mind Max 50 Min 5Body language Max 50 Min 5Total Max 600 Min 60

Legal Drafting:

Skills What to look for Marks RangeLanguage Whether the language is

clear, proper andunderstandable

Max 100 Min 10

Precision Whether the draft Max 100 Min 10

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precisely communicateswhat it is intended

Purposiveness Whether the draft issuitable for the purposefor which it is written

Max 100 Min 10

Brevity Whether the draft isbrief, and avoidsunnecessary elongation

Max 100 Min 10

General Impression Whether the draft in thewhole gives a goodimpression

Max 100 Min 10

Total Max 500 Min 50

Problem Solving:

Skills What to look for Marks RangeIssues Whether the issue

involved has beenproperly identified

Max 200 Min 20

Reasoning Whether there is properreasoning

Max 200 Min 20

Presentation Whether solution hasbeen neatly presented

Max 100 Min 10

Precision Whether the Solutionpresented is brief, tothe point andappropriate for thegiven problem

Max 50 Min 5

Authorities Whether the solution isbacked by authority

Max 50 Min 5

Total Max 600 Min 60

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Appendix 3: APL 2.0 GLCK Moot Fixture Pattern:

Grouping of Class Teams:

GROUP 1 GROUP 2TEAM A (1st sem 5 year llb) TEAM C (5th sem 5 year llb)TEAM B (3rd sem 5year llb) TEAM D (7th sem 5 year llb)TEAM F (1st sem 3 year llb) TEAM E (9th sem 5 year llb)TEAM G (3rd sem 3year llb) TEAM F (5th sem 3year llb)

Moot Fixture Group 1

Moot Petitioner Respondent 1 234

Table e: Moot Fixture Group 2

Moot Petitioner Respondent 1 234

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Appendix 4: Present Point Status.Sl No. Team Name Points Carried over

from APL 1.0.1 1st Sem 5 Year LL.B. 4650.2 3rd Sem 5 Year LL.B 3250.3 5th Sem 5 Year LL.B 6400.4 7th Sem 5 Year LLB 10950.5 9th Sem 5 Year LL.B. 29100.6 1st sem 3 Year LL.B. 2500.7 3rd sem 3 Year LL.B. 0.8 5th Sem 3 Year LL.B. 15250.

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Appendix 5: Tentative schedule of GLCK APL 2.0: February 8th ,2013

Launching of APL 2.0.

February 14th ,2013

Last date of submission of list of programmesto be conducted by the classes in the 1st phaseof activities

Registration for Debate, Problem Solving andDrafting Competition begins.

February 15th ,2013

Last date of submission of Ideas underFuturista

Closing of registration for debate, problemsolving and drafting competition.

February 25th ,2013

Last Date of Pre-registration for APL 2.0Grand Finale Moot Court Competitions.

Drafting and Problem Solving exerciseCompetition.

Debate Competition.February 27-28,2013

APL 2012 prize distribution On stage activities for APL 2.0 stage I & II

February28th , 2013

Points closed for Auction I. Teams cancontinue activities for Auction II.

Auction IMarch 7th ,2013

Last date of Submission of Memorials for APL2.0 GLCK Moot Court Competition.

March 8th, 2013 Last date of registration of APL 2.0 GrandFinale Moot Court Competition.

March 9th, 2013 APL 2.0 GLCK Moot Court Competition.March 12th ,2013

Last date of Submission of Memorials for APL2.0 Grand Finale Moot Court Competition.

March 19th ,2013

Points closed for Auction II.

March 20th ,2013

Auction II.

March 22& 23,2013

APL 2.0 Grand Finale Moot Court Competition &APL 2.0 Merit Eve

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Appendix 6: List of Physical Activity Zones.Sl.No

Activity Zones Zone Code Class

1 Zone A(Badminton court +Frontarea of Gents Hostel)

A

2 Zone B(From main gate to gatenear union office+Premises of researchblock+ Back side of newblock)

B

3 Zone C(From hostel gate to boy’stoilet. Both sides ofroad+ Back side of Hosteloffice )

C

4 Zone D(Front and right side ofHostel office + areaacross hostel road)

D

5 Zone E(Area between men’s andwomen’s hostel )

E

6 Zone F(Front side of new blockand Back side of gentstoilet)

F

7 Zone G(Washing area and backsideof ladies toilet +Backside of ladies hostel)

G

8 Hostel Office Zone(Right side of gentshostel + College

H

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corridors and auditorium )

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Appendix 7: APL 2.0 GLCK Moot Court CompetitionRules

1. APL 2.0 GLCK MOOT COURT COMPETITION: Advocacy Premier League 2.0.GLCK Moot Court Competition will be held on 2nd March, 2013 atGovt. Law College, Kozhikode.

2. LANGUAGE: Language of the competition shall be English only. 3. MEMORIALS:

1. Each team shall prepare two memorials: one for the Appellantside and the other for the Respondent side.

2. The memorials shall consist of issues raised, summary ofarguments, prayers, and judicial decisions, Articles orother materials supporting the arguments.

3. Body of the arguments shall not exceed 25 pages, includingtable of contents, index, decisions, articles or othermaterials.

4. The memorials shall be either legibly hand written or typedin A 4 size paper and shall be neatly bound. Names of theparticipants should not be indicated anywhere in thememorial.

5. Teams shall submit a single copy of the memorials for bothappellant and respondent side.

6. Each team would be identified by their name selected duringAPL first round, with distinguishing code numbers to themembers of the team at the time of submitting the memorials.The teams are only allowed to use the code numbers and APLname during the court sessions. No participant shall revealany identity other than the code number during the sessionof the court.

4. DRESS CODE: Participants shall only wear formal dress during thecompetitions.( full sleeve Shirts and pants for men, with shirtsinserted and sleeves buttoned and saree-blouse / churidars forwomen). Though it is ideal to use only black and white dressesduring the competition the same is not insisted. However studentsshall use only light coloured dresses during the competitions.

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5. Court Sessions:1. The total duration of the court will not exceed 1 hour in

any case.2. The decision as to whether a team will be representing the

petitioner or respondent shall be conducted by draw of lots.The timing and venue of the drawing of lots shall beannounced later.

3. Each team will be getting 30 minutes to present their case,inclusive of rebuttals and sub rebuttals, if any. Theparticipants can distribute the timing appropriately amongthemselves, but the manner of distribution of time shall beintimated to the court officer before the commencement ofeach session.

4. The judge’s discretion in granting additional time shall belimited to 5 minutes for each team.

6. MARKS:1. The marks awared to each team shall be distributed as

follows:

Written Memorial: 20 marks distributed asfollows:

a. Neatnessb. Clarity of thoughtc. Effective use of

authorities andmaterials

5 marks 7 marks 8 marks

Oral Arguments 70 marks to be distributedas follows:

(a) Arguments(b) Answering

Questions(c) Advocacy Skills(d) Court Manners(e) Judge’s Intuition

20 marks 15 marks 15 marks 10 marks

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10 marksTeam Marks/Class Marks 10 marks to be distributed

as follows(a) Court room

arrangement(b) Volunteer

Participation

5 marks 5 Marks

Total Marks 100 marks

The scoring parameters for Oral arguments are as follows:

Arguments Substance in arguments, factual analysis, IdentifyingSelf and Co-Counsel, Statement of Issues, Evolving aplan of argument, Prayer for Relief, Knowledge ofRecord, Effective Citation to Authority, Grasp of LegalPrinciples at Issue, Appropriate Amount of Reference toNotes, Issue Transitions, Proper and Effective CaseCitation

AnsweringQuestions

Responsiveness, Ability to Think on Feet, Flexibility,Creativity, Listening, Not Interrupting Bench, CandorAbout Ignorance, Necessary Concessions, Ability toWeave Questions into Argument, Engaging Entire Bench,Welcoming of Questions, Using Questions to Advantage,Transitions Following Response

Advocacy Skills Use of Facts, Persuasive Context, Use of Policy,Effectiveness of Rebuttal, Sense of Conviction,Advocacy Tone, Eye Contact, Clarity of Presentation,Effective Use of Time, Deference Toward Bench,Argumentative vs. Informative Attitude, Nervousness,Gestures, Mannerisms, Postures, Impression, Voice,Audibility, Tone, Rate of Speech, Pronunciation,Grammar

Court RoomConduct

Appropriate Attire, Behavior at Counsel Table,Compliance With Time Limit, Inappropriate Use of FirstPerson, Inappropriate Slang, Humor, Familiarity.

Judge’s Presence and Potential, Overall Impression

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Intution

7. DISPUTE RESOLUTION:Any dispute regarding the conduct of competition shall bereferred to the Committee consisting of the Principal and staffmembers of this college and their discision on all points shallbe final.

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Appendix 8: APL Grand Finale Moot Court CompetitionRules

APL Grand Finale Moot Court Competition:

APL Grand Finale Moot Court Competition will be held from 22nd to 23rd

of March, 2013 at Government Law College, Kozhikode. The purpose ofAPL Grand Final Moot Competition is to give students of other lawcolleges a feel of the vibrancy of APL and to transfer spirit of APLto other colleges. APL Grand Finale Moot Court Competition Problem isannexed to this document.

Rules and Regulations for APL Grand Finale Moot Court Competition:

8. PRE-REGISTRATION: Teams desirous of participating in the APL 2.0Grand finale Moot Court Competition shall pre-register on orbefore 25th February 2013. Pre registration forms are enclosedherewith as Annexure I. As per the rules of GLCK APL 2.0 only 8teams, including one home team from Government Law College,Kozhikode can participate in the competition. The participatingteams shall be selected based as far as possible on the basis ofthe quality of their memorials. Teams may send in the soft copyof their memorials for selection purpose along with theirregistration forms on the dates indicated in the rules elsewhere.Hence teams shall prepare for travel only after confirmation fromGLCK APL 2.0 organisers. Pre registration forms may also besubmitted by email.

9. CONSTITUTION OF TEAMS: Each team shall consist only of two speakersand one Researcher. Each Team and Team members will be assigned aTeam Code by the Organizers. In the event that a fourth member isbrought by the teams, he/she shall not be permitted to sit withthe teams during the round or assist during the round and wouldbe provided accommodation at the cost of the participating team.

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10. PRIZES: There will be individual prizes for the bestMemorial and for best male and female Speaker. For the best teamand second best team there will be two prizes- one for thewinning team and one for the team that has bid the winning team.The participants of the winning team will also get a certificate.There will be a Researchers Competition if there is enough numberof participants.

11. FOOD, ACCOMMODATION AND TRAVEL: Teams have to arrange for theirown travel. If intimated earlier, teams will be picked up fromKozhikode Railway station. As of now, no TA will be provided forthe competition. Accommodation for the teams will be provided forin the Government Law College Hostel. There are hostels for bothmen and women, but men are not allowed inside ladies hostel andvice versa. Stay of teams in the College Hostel shall be subjectto their compliance with hostel rules. Normal food, as availablein the College hostel shall be provided.

12. REGISTRATION: Teams shall submit the Registration Forms(given as Annexure II) duly completed with the photographs ofteam members on or before 8th March 2013. Registration forms mayalso be submitted by email. Team members shall submit their shortresume along with the registration form. There will be a nominalregistration fee of Rs 250/- per team. Please note that the APL2.0 organising committee shall have the right to publish thephotographs and names of the participants for the purpose of APL2.0 Auction II. Only the person who have registered and haveprovided their photo graphs shall be eligible for participatingin the competition. Any request for change of name of theparticipant after APL 2.0 Auction II shall not be considered.

13. LANGUAGE: Language of the competition shall be English only.

14. MEMORIALS: 1. Each team shall prepare two memorials: one for the Appellant

side and the other for the Respondent side. 2. Each of the memorials shall consist of :

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Cover Page (Coloured Blue for Petitioners and Redfor Respondents.)

Table of Contents. Index of Authorities. Statement of Jurisdiction. Statement of Facts. Statement of Issues. Summary of Arguments. Arguments Advanced. Prayer.

3. Teams can also submit a compendium of judicial decisions,Articles or other materials supporting the arguments inaddition to the memorials. Where teams submit suchcompendium, they shall mention whether the compendiumpertains to the Petitioner/Appellant side or the RespondentSide. Team may raise grounds other than those indicated inthe Statement of Facts.

4. Body of the arguments shall not exceed 25 pages, includingtable of contents, index, decisions, articles or othermaterials.

5. The memorials shall be typed in A 4 size paper and shall beneatly bound. Names of theparticipants/institutions/college/university or any otheridentifying details should not be indicated anywhere in thememorial/compendium. 11.5.2. The font of the body of theMemorial must be Times New Roman, size 12, with 1.5 linespacing and the font size of footnotes and end notes mustnot be less 10 if any. Each page must have a margin of atleast one inch on all sides.

6. Each team shall submit 4 copies each of the hard copy ofmemorials and 1 soft copy of memorials for bothPetitioner/Appellant and respondent side on or before 15th

March 2013.Those teams who are submitting a compendium ofjudicial decision shall submit the same along with their

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memorials clearly specifying which side(Petitioner/Respondent) such compendium pertains to.

7. Each team would be identified by the name selected by theirsponsoring class for APL 2.0, with distinguishing codenumbers to the members of the team at the time of submittingthe memorials. The teams are only allowed to use the codenumbers and APL name during the court sessions. Noparticipant shall reveal any identity other than the codenumber during the session of the court.

15. DRESS CODE & DECORUM:

1. Participants including researchers shall wear only formaldress during the competitions. (full sleeve white Shirtswith shirts inserted and sleeves buttoned, white or blackpants, and black executive shoes for men and white saree-black blouse / white top/black bottom churidars/white shirt-black pants-black shoes for women). Both Men and Woman canuse black blazers only along with their dress, though it isnot compulsory.

2. Scouting by any person and on behalf of any team should bebrought to the notice of the organizers immediately, withoutdisturbing the round in progress. Any team found scoutingwill be disqualified.

3. Any reference to the identity of a team’s institution orindividual team members, other than APL names assigned tothem at the time of competition, either during oralarguments or in the Memorial can lead to disqualification ofthe team.

16. COURT SESSIONS:

1. The total duration of the court will not exceed 1 hour inany case.

2. The decision as to whether a team will be representing thePetitioner or Respondent shall be conducted by draw of lots.

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The timing and venue of the drawing of lots shall beannounced later.

3. No team would be allowed to pass any material to the judgeswhile presenting their oral arguments. Any material to bepassed on to the judges shall be presented through the CourtOfficials.

4. Each team will be getting 30 minutes to present their case,inclusive of rebuttals and sub rebuttals, if any. Theparticipants can distribute the timing appropriately amongthemselves, but the manner of distribution of time shall beintimated to the court officer before the commencement ofeach session.

5. The judge’s discretion in granting additional time shall belimited to 5 minutes for each team.

17. MARKS:

1. The marks awar ded to each team shall be distributed asfollows:

Written Memorial: 20 marks distributed asfollows:

d. Neatnesse. Clarity of thoughtf. Effective use of

authorities andmaterials

5 marks 7 marks 8 marks

Oral Arguments 70 marks to be distributedas follows:

(f) Arguments(g) Answering

Questions(h) Advocacy Skills(i) Court Manners(j) Judge’s Intuition

20 marks 15 marks 15 marks 10 marks

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10 marks

Team Marks/Class Marks 10 marks to be distributedas follows

(c) Court roomarrangement

(d) VolunteerParticipation

5 marks 5 Marks

Total Marks 100 marks

The scoring parameters for Oral arguments are as follows:


AnsweringQuestions



Court RoomConduct

Appropriate Attire, Behaviour at Counsel Table,Compliance With Time Limit, Inappropriate Use of FirstPerson, Inappropriate Slang, Humour, Familiarity.

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Judge’sIntuition

Presence and Potential, Overall Impression

18. ROUNDS: The preliminary round shall consist of two sessions,with each team being required to argue for petitioner andrespondent in the same court room but before different set ofjudges. Marks of these two sessions shall be averaged and 4 teamswith highest average scores shall be contesting in the semi finalround. Semi final and final rounds shall be knock-out rounds.

19. DISPUTE RESOLUTION:Any dispute regarding the conduct of competition shall bereferred to the APL 2.0 GLCK Dispute Resolution Body and theirdecision on all points shall be final.

20. AMENDMENT OF RULES: GLCKCCC shall have the power to amend any of the above ruleswithout affecting the basic nature of APL if it thinks fit.

21. ADDRESS FOR COMMUNICATION:Postal Address:

GLCKCCC APL 2.0 Organising Committee,Government Law College, KozhikodeVellimadukunnu, Marikunnu P O,Kozhikode, Kerala - 673 012College Phone: 0495 2730680College Email: [email protected]

Contact Persons: 1. Mr Vidyuth K S, Assistant Professor: Mob:+91

99952380332. Mr Anees P K, Assistant Professor: Mob :+91

9846620001Email Id : [email protected] Email Id : [email protected]

Face book pages: http://www.facebook.com/glck.careerandcounsellingcell http://www.facebook.com/pages/Government-Law-College-Kozhikode-

Career-and-Counselling-Cell/233617796656035.

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http://www.facebook.com/glck.careerandcounsellingcell

mailto:[email protected]




http://www.facebook.com/pages/GLCK-Advocacy-Premier-League/ 177252755712021?ref=hl

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Annexure I

APL 2.0 Grand Finale Moot Court Competition

Pre Registration Form(Please fill in the details in BLOCK Letter)

1. We hereby confirm that our team wishes to participate in the APL 2.0 Grand Final MootCourt Competition.

2. We have read the rules and regulations. We undertake to abide by the rules andregulations of GLCKCCC APL 2.0 and that of GLCK Hostel in case we are selected toparticipate. We have no objection in using our photographs and details submitted by usfor the purpose of GLCKCCC APL 2.0. We also understand that pre registration does notguarantee participation.

Name of the InstitutionAddressPhone NumberEmailFaculty-in-ChargeDetails

Name

Phone No:

Email Id:

TentativeDetails of Team members

Participant No 1

NameClassPhone No:Email Id:

Participant No 2


Participant No 3


Date:

Counter signature of Faculty:

Signature of Participant 1:Signature of Participant 2:Signature of Participant 3:

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(Office Seal)

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Annexure II

APL 2.0 Grand Finale Moot Court Competition

Registration Form(Please fill in the details in BLOCK Letter)

1. We hereby confirm that, we, the following genuine students of our institution will beparticipating in the APL 2.0 Grand Final Moot Court Competition.

2. We reiterate the undertakings made by our institution during pre registration and weconfirm that we will abide by the rules and regulations of the competition. Short resume ofthe participants are enclosed.

Name of InstitutionAddress:

Phone NoEmail ID:Speaker 1 Speaker 2 Researcher

Name:Class & Sem:Address:

Phone NoEmail ID:Signature

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Space forPassport SizePhotograph




:

Counter Signed by Faculty:

Date: (Office Seal)

Appendix 9: APL Sample Score SheetsActivity Score sheet:

(Judges may please ensure that all details are filled in)Activity Type: Academic Activity/Socio Legal Activity/Cultural Activity/Sports Activity

(Score off whichever is not applicable)Class: APL Name: Date:

Time:Name of Activity: Within

College/OutsideWhether outsiders were attracted

Yes/ No

Criteria MarksExcelle

nt1000pts

Good500pts

Average100 pts

Minimum50 pts

Creativity.Innovation.Presentation.Co-ordination.SocialImpact(Pleaseputpointsaccordingto thelevel ofparticipa

International Excellent

50000pts

Good20000

Average15000

Minimum10000

National Excellent

20000pts

Good15000

Average10000

Minimum5000

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tion- ifthere isonlyclassparticipation putpointsonlyagainstclasslevel)

State Excellent

15000pts

Good10000

Average5000

Minimum1000

District Excellent

10000pts

Good5000

Average1000

Minimum500

College Excellent5000pts

Good1000

Average500

Minimum100

Class Excellent1000pts

Good500

Average100

Minimum50

Total( Max 54000 pts Min 250pts)Signature of Judge

Name of JudgeFor Office Use Only:Verified on:

Verified by: (Name and Signature)

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Activity Score sheet:(Judges may please ensure that all details are filled in)

Physical Activity:

Class: APL Name: Date:Time:

Name of Activity: WithinCollege/Outside

Whether outsiders were attracted

Yes/ No

Criteria MarksExcelle

nt1000pts

Good500pts

Average100 pts

Minimum50 pts

Creativity.Innovation.Presentation.Co-ordination.Constructive use of naturalresources

Excellent

20000pts

Good10000

Average5000

Minimum1000

Total(Max 24000 pts Min 1050pts)Signature of Judge

Name of JudgeFor Office Use Only:

Verified on:

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Verified by: ( Name and Signature):

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:

Debate Score sheet:(Judges may please ensure that all details are filled in)

Participant ID: Date:Time:

Criteria What to look for MarksExcellent100pts

Good50 pts

Average20 pts

Minimum10 pts

Professionalism indebate

Whether thedebater showsrespect to theother side andis willing tohear theopposite views

Argumentative skill

Whether thedebater isforceful inputting acrossthe views

Languageskill

Whether thelanguage isclear,understandableand proper

Organisation ofstatement

Whether thestatements madeare organised

Factualrelevanceofstatement

Whether thestatements madeare relevant tothe facts indebate

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Presence ofmind

Whether thedebater is ableto retain hispresence of mindin difficultsituations?

Excellent

50 pts

Good20 pts

Average10 pts

Minimum5 pts

Bodylanguage

Whether the bodylanguage anddemeanor isappropriate?

Total(Max 600 pts Min 60 pts)Signature of Judge



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Legal Drafting Score Sheet(Judges may please ensure that all details are filled in)


Criteria What tolook for

MarksExcellent100 pts

Good50 pts

Average20 pts

Minimum10 pts

Language Whetherthelanguageis clear,proper andunderstandable

Precision Whetherthe draftpreciselycommunicates what itisintended

Purposiveness

Whetherthe draftissuitablefor thepurposefor whichit iswritten

Brevity Whetherthe draftis brief,and avoidsunnecessary

50


elongationGeneralImpression

Whetherthe draftin thewholegives agoodimpression

TotalSignature of Judge



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Problem Solving Score Sheet(Judges may please ensure that all details are filled in)


Criteria What tolook for

MarksExcellent200 pts

Good100pts

Average50 pts

Minimum20 pts

Issues Whetherthe issueinvolvedhas beenproperlyidentified

Reasoning Whetherthere isproperreasoning

Presentation

Whethersolutionhas beenneatlypresented

Excellent100 pts

Good50 pts

Average20 pts

Minimum10 pts

Precision WhethertheSolutionpresentedis brief,to thepoint andappropriate for thegivenproblem

Excellent50 pts

Good20 pts

Average10 pts

Minimum5 pts

Authorities Whetherthe

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solutionis backedbyauthority

Total (Max 600 pt Min60 pts)Signature of Judge



53


Moot:

GLCK Advocacy Premier League 2.0

Moot Court Competition

Individual Judge’s Score Sheet

Court No:

Competition: Petitioner: vs. Respondent:

Scoring Criteria MaxScore

Individual Score Team ScorePetition

erRespondent Petition

erRespondent

A Arguments 20

B AnsweringQuestions

15

C Advocacy Skills 15

D Court Manners 10

E Judge’sIntuition

10

F Total IndividualScore

70

G Memorial Score 20

H Class Score 10

I Total Score 100

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Date: Name of Judge:

Signature:

55


Scoring Range

Point Max Score Excellent

Good Average Below Average

A 20 16 &above

12-15 7-11 7 & below

B 15 12 &above

9-11 6-8 6 & below

C 15 12 &above

9-11 6-8 6 & below

D 10 08&above

6-7 4-5 4 & below

E 10 08&above

6-7 4-5 4 & below

Scoring Parameters:


AnsweringQuestions



Court RoomConduct

Appropriate Attire, Behavior at Counsel Table,Compliance With Time Limit, Inappropriate Use of FirstPerson, Inappropriate Slang, Humor, Familiarity.

Judge’sIntuition

Presence and Potential, Overall Impression

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Moot Court Competition

Aggregate Score Sheet

Date:

Court No:

Competition: Petitioner: vs. Respondent:

Petitioner Respondent Team TotalPetitioner

Respondent

Judge 1

Judge 2

Judge 3

Total

Name SignatureJudge 1

Judge 2

Judge 3

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Time management Sheet for Court Officers

Court No: DATE:

Petitioner:

vs

Respondent:

Petitioner Time for presentationAllotted Time

Actual TimeStart Time End

TimeTotal

Respondent

Name of Court Officer 1: Name of Court Officer2:

Signature: Signature:

Each Session will be of one hour duration. Each team will get 30 minutes for their entire presentation including

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question time and rebuttalsEach team can decide how they are going to divide their time. Judges are being requested not to give any extension of time for any reason what so ever. You are requested to remind the judges about the time frame.

Appendix 10: APL Moot Problem 2013Hipponation is a country near the equator with a population of 200million people, of which roughly 95 million are women and the restmen. It is a progressive country, which got independence in 1999. Itadopted a constitution similar to Constitution of India, and hasclosely followed Indian constitution in its amendments as well. It hadadopted most Indian Laws including Criminal Procedure Code and IndianPenal Code also verbatim. As on date, Hipponation’s constitution isverbatim similar to Indian Constitution. Hipponation has currently 25states, and its capital, Kangaroo City is designated as NationalCapital Territory. NCT of Kangaroo City is a Union Territory, underLt. Governor and has a Chief Minister. Hipponation is currently amulti party democracy and the women right groups have a strongpresence in its social and political life. In 2002, Hipponation’sparliament passed a law reserving 33% seats in the parliament towomen. In the general elections that were held in 2011, around 200seats of the 579 seats of the lower house of the parliament were wonby women from different parties. Upper house of the parliament alsohad 100 women, including nominated members out of the total strengthof 323. The Prime Minister Ms. Manses, a prominent economist and aWomen Right Activist belonged to right wing “Common Man Party” and hadformed her cabinet with the support of around 12 parties. The countryhad a very active judiciary, with the same judicial structure as Indiaand its judiciary had accepted judgments of Indian Supreme Court andHigh Courts as having strong persuasive value and even accepted thedoctrine of basic structure of constitution as propounded by theIndian courts as applicable in the Hipponation.

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On 3rd January 2013, at about 11.30 pm, the Police Control Room in theNCT of Kangaroo City got a panicky phone call informing that a youngboy and girl were seen lying injured in the Grant Trunk Road, one ofthe main roads leading to Kangaroo City. Upon information from thePolice Control Room, three police patrol vans reached the spot byabout 11.50 pm. The officers found a boy and a girl, half naked andseriously injured. After a slight dispute between the police menregarding who should take the injured to the hospital, one of thosepatrol vans took the injured to a specialised hospital in Kangaroocity. Both of them had very grievous injuries on their body, and werealmost unconscious by the time they reached hospital. Medicalexaminations revealed that the girl was brutally raped and herinternal organs had serious injuries on account of insertion of someexternal object through her vagina. Medical examinations also revealedthat the boy was also sexually assaulted. Within a few hours uponreaching the hospital the girl dropped to comma stage and remained ina vegetative condition since then. The boy, who regainedconsciousness after some time, revealed that they were students of areputed college in Kangaroo city and had been returning after watchinga movie that fateful night. Since they were unable to get a taxi toreach home, they were waiting in the road side when a tourist busslowed down and offered lift. They were told that they would bedropped at a place near the home of the girl. Upon entering the bus,they found that there were 3 other men in the bus, other than driverand conductor. Soon after they gave the fare, the behaviour of menstarted becoming vulgar, and the men including the conductor startedteasing the girl. When the boy asked them to stop the vehicle, thedriver laughed at him and then the men repeatedly sexually abused andtortured both of them and threw them out of the bus in a half nakedcondition. They asked for help from the commuters but none of themstopped. Since their mobile phones were stolen from them, they wereable to call the police only when they reached a nearby phone booth.After giving the statement to the police the boy went unconsciousagain and died a few days after.

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Kangaroo City had a very good security system and was under CCTVsurveillance in most major areas. After reviewing the CCTV recordingsof the area, during the relevant time, police found out that duringthat time three tourist buses had passed through the area out of whichonly one fitted the description given by the boy. The police alsofound that the bus was registered in the name of man, named Mr Rabbit,who appeared very poor for the owner of a bus. When the news broke outthere were allegations that the bus was owned by an influentialpolitician in Kangaroo city. Within two days police arrested 5 men Mr.Kishte, Mr. Mashe, Mr. Rashe, Mr. Harshe, and Mr. Porshe. Police saidthat Mr Kishte and Mr. Mashe were the driver and conductor of the busand other three were the commuters. It was reported in the press thatMr. Kishte, who was the driver, soon after his arrest confessed beforepolice and requested to hang him for the offence. Mr. Mashe, who wasthe conductor, though initially confessed of the crime, later deposedbefore the magistrate that police had forced him to confess. He alsoclaimed that he was on leave on the date of incident. While the boywas still conscious, the police planned a test identification parade,but all the accused refused to participate in the same. The boy couldidentify definitely only Mr Harshe from the photo’s presented to him.He said Mr Harshe was the person who attacked him, but he was not surewhether Mr Harshe raped his friend. He was also not sure about theidentity of the other persons but he said they could possibly be thepersons who joined in the attack. He also said that he believed Mr.Porshe was the person who raped the girl. Before the statement couldbe recorded before the magistrate, the boy fell into comma and laterdied. There was evidence from the mobile phone tracking systemavailable with Kangaroo city police that the phones of all the accusedwere active and were travelling through the area where the offenceoccurred. The police filed the charge sheet on 21st January 2013wherein Mr. Harshe was named the 1st accused and Kishte, Mashe, Rasheand Porshe, were arraigned as accused nos 2 to 5. The accused werecharged with offences under Section 376, 377, 304, 325 read withSection 34 of Hipponation Penal Code. Initially lawyers refused to

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appear for the accused but later two lawyers appeared for all theaccused.

The incident evoked nationwide protests in Hipponation, and there werestreet protests throughout the country demanding strict action. Manygroups demanded death penalty for rape and as the protests mounted Ms.Manses announced on television that she is in favour of calling aspecial session of parliament to discuss the issue. In the specialsession, which was convened during January 12, 2013, there were heateddebates about the punishment for rape. The government moved a motionfor amendment by removal of the words: “nor be subjected to a penaltygreater than that which might have been inflicted under the law inforce at the time of the commission of the offence” from Article 20(1)of the Constitution of Hipponation and for amending Section 376 ofHipponation Penal Code (both similar to Indian provisions) so as toprovide death penalty as maximum punishment for rape. There was ahuge protest from some male members, and discussions were made frommale and female perspectives and finally the male members staged awalk out. At this time, Constitutional Amendment motion was put tovote in lower house and it was passed with 192 votes in favour and 8votes against. Later the upper house also passed the motion with 80votes in favour and 20 votes against with the other membersabstaining. The HPC amendment bill was also passed in the samemanner. The President also approved the amendments within a day andthe same become enforceable with effect from 21th January 2013.

The trial of the accused in the State (Kangaroo City) vs. Mr. Harshe &others were conducted with lightning speed and was finished in 10days. On 8th February 2013, the trial court sentenced Mr. Porshe withdeath penalty under Section 376(2) HPC, and Mr. Harshe for 3 yearsunder Section 377 HPC and all the accused for 3 years imprisonmentunder Section 304 HPC read with Section 34 HPC and for 1 month underSection 326 HPC, read with Section 34 HPC.

All the accused preferred an appeal against the decision, which wasrejected by the Kangaroo City High Court on 20th February 2013. They

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preferred an appeal to the Supreme Court of Hipponation. MeanwhileMen’s Liberation Front, a non governmental agency specializing in menrights filed a writ petition before the Supreme Court contending thatthe definition of rape should be amended so as to include sexualassault on men too. The Men’s Liberation Front’s petition alsochallenged the mode in which Art 20(1) and Section 376(2) were amendedin the Parliament as it violated the basic structure of theconstitution. They also challenged the ratio of the parliament inamending Section 376(2) HPC on the ground that death penalty was notan appropriate punishment for rape and that the decision of theSessions Court in awarding death penalty for rape of the girl and 3years imprisonment for sexual assault and causing death of the boyviolates equality before law. One of the accused Mr. Porshe also fileda writ petition under Art. 32 of Constitution of Hipponation,contending that the action of legislature amending and removingArticle 20(1) of the Constitution and amending Section 376(2) of HPCis against the basic structure of the Hipponation’s Constitution. Allthese petitions are scheduled to be heard together on March 22, 2013.

The court framed the following issues:

1. Whether the conviction of the accused in State vs. Mr Harshe &others were justified

2. Whether the Constitutional amendment removing Art 20(1) ofConstitution was valid?

3. Whether the amendment to Section 376(2) HPC was valid?

4. Whether the differential provision in Section 376 and Section 377is violative of Art 14 of Constitution?

Annexure:

1. Section 376(2) of Hipponation Penal Code:

“(2) Whoever: -

…………

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(g) Commits gang rape,

Shall be punished with death or rigorous imprisonment for a termwhich shall not be less than ten years but which may be for life andshall also be liable to fine”.

2. Article 20(1) of Constitution of Hipponation as amended by theParliament w.e.f 21.1.2013:

“No person shall be convicted of any offence except for violation ofthe law in force at the time of the commission of the act charged asan offence”

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