Event Details

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Moot Court Event [ Prelims ]

Date & Time

11:00 AM - 3:00 PM
May 15, 2024

Location

Room 301 (Admin Building)

Event Description

Moot court competition, students are given a set of facts (a hypothetical case) detailing the scope of the problems, which they have to deal with while acting as lawyers on each side. Students are then expected to determine the range of legal issues pertaining to these facts.

  1. Kashyapuram is a state in the country of Jambudweepam, which has a long history of caste-based discrimination, communal tensions, and alleged atrocities against the Scheduled Caste (SC) and Scheduled Tribe (ST) communities. The state is governed by a coalition of political parties, some of which have been accused of having close ties with dominant caste groups and overlooking the concerns of marginalized communities.
  2. Arif, a 28-year-old student from a general caste background, has been the president of the ‘Kashyapuram Liberation Front’ (KLF) for the past 5 years. The KLF is a political organization that has been at the forefront of the movement demanding greater autonomy and self-governance for the state of Kashyapuram, which they believe has been systematically marginalized and exploited by the Jambudweepam government.
  3. Arif’s family belongs to the Syed community, one of the dominant caste groups in Kashyapuram. However, Arif has been vocal in his criticism of the caste-based power structures and has positioned himself as a champion of the rights of marginalized communities.
  4. The Jambudweepam government has been accused of using various tactics, such as surveillance, intimidation, and arbitrary arrests, to suppress the KLF’s activities and the broader autonomy movement in Kashyapuram.
  5. On 15th March 2023, the KLF organized a massive protest rally in the capital city of Kashyapuram to mark the 10th anniversary of a series of violent clashes between the police and the protesters that had led to the death of several demonstrators. The rally was attended by over 50,000 people, including members of various social and political organizations supporting the autonomy cause.
  6. In his speech to the crowd, Arif accused the Jambudweepam government of oppressing the people of Kashyapuram and treating them as “second-class citizens” due to their distinct cultural and linguistic identity. He called for immediate action to address the grievances of the Kashyapuram people and threatened to escalate the protest if their demands were not met.
  7. During the protest, tensions escalated when a group of protesters began hurling stones and other objects at the police forces deployed to maintain law and order. In the ensuing chaos, Arif got into a heated altercation with Ramesh, a police constable from the SC community, who alleged that Arif used derogatory, casteist slurs against him.
  8. The police, citing the need to control the unruly mob, resorted to a lathi charge (baton charge) to disperse the protesters. This led to injuries on both sides, with several protesters and police personnel sustaining minor injuries.
  9. Following the incident, the police filed an FIR (First Information Report) against Arif under Section 124A (sedition) of the Indian Penal Code (IPC) for his inflammatory speeches and under Section 3(1)(r) of the SC/ST (Prevention of Atrocities) Act based on Ramesh’s complaint.
  10. Arif’s bail application was rejected by the Sessions Court, which cited the gravity of the charges and the risk of Arif fleeing or engaging in further unlawful activities. His subsequent writ petition before the High Court of Kashyapuram, challenging the constitutional validity of the charged provisions, was also dismissed, with the court noting the need to maintain public order and the rule of law in the volatile political environment of the state.
  11. Arif’s counsel has argued that the government is using the sedition and the SC/ST (Prevention of Atrocities) Act as tools to suppress legitimate dissent and criticism of the ruling establishment. They contend that the charges against Arif are politically motivated, and aimed at silencing a prominent voice of the autonomy movement.
  12. The Jambudweepam government, on the other hand, maintains that the strict enforcement of these laws is necessary to prevent the escalation of communal tensions and to protect the rights and dignity of the marginalized communities in Kashyapuram.
  13. Arif’s supporters have organized several peaceful protests and candlelight vigils in various parts of Kashyapuram, demanding his release and the withdrawal of the charges against him. These demonstrations have been met with a heavy-handed police response, further fueling the tensions in the state. 14. The media coverage of the Arif case has been polarized, with some outlets portraying him as a champion of the people’s rights and others painting him as a threat to public order and national security. This has added to the already charged political atmosphere in Kashyapuram.
  14. Undeterred, Arif filed a Special Leave Petition (SLP) before the Supreme Court of Jambudweepam, asserting that the provisions under which he has been charged violate his fundamental rights to freedom of speech and expression, and life and personal liberty. Arif’s counsel has also raised concerns about the alleged misuse of the SC/ST (Prevention of Atrocities) Act, arguing that it is often invoked arbitrarily and without proper scrutiny, leading to numerous instances of false accusations and harassment of innocent individuals.

Issues:

  1. Whether Arif’s Special Leave Petition maintainable before the Supreme Court of Jambudweepam?
  2. Whether Section 124A of the Indian Penal Code constitutionally valid and consistent with the fundamental right to freedom of speech and expression under the Jambudweepam Constitution?
  3. Whether the provisions of the SC/ST (Prevention of Atrocities) Act, particularly Section 3(1)(r), are being misused, leading to violations of fundamental rights and harassment of individuals?

Notes:

  1. The Constitution and all other laws of Jambudweepam should be interpreted in pari materia with the Constitution and other laws of India.
  2. Both sides are required to present arguments before the constitutional bench of the Supreme Court of Jambudweepam.

 

Rules for the National Moot Court Competition

  1. General Rules:

1) “Organizers” and “Organizing Committee” refer to the Moot Court Committee and the Volunteer team.

2) “Competition” means the National Moot Court Competition.

3) “Participating Team” means the team that has registered for the competition as per the rules.

4) “Participants” means the speakers and the researcher of the Participating Team.

5) “Administrator” shall mean the Host University.

6) “Appellant” shall include Appellant, Plaintiff, Petitioner, Complainant, Prosecution, Informant, etc.

7) “Bench” refers to the members duly invited to adjudge the oral rounds, collectively.

8) “Clarifications” means an explanation published by the Host University on the moot

problem.

9) “Compendium” means a compilation or collection of legal or other authorities.

10) “Host University” shall have the same meaning as “Administrator” for this edition of the Competition.

11) “Moot Proposition” means the Proposition released by the Organizers and any subsequent clarification(s).

12) “Oral Score” means the scores given by the judge to a particular orator of the participating team.

13) “Orator” means one of the two designated speakers in a participating team.

14) “Organizers” means the Host University and Moot Court Committee.

15) “Participating Institution” shall be presumed to be the parent institution of the participating teams.

16) “Researcher” means a team member who will sit with the teams at the Oral Rounds.

17) “Respondent” shall include Defendant, Respondent, Defence, etc.

18) “Rules” means the National Moot Court Competition Rulebook.

19) “Team Code” means a unique code assigned by the Host University to the registered participating team.

20) “Written Score” means the scores given by the organizers to a particular participating team on the written submissions.

21) “Written Submissions” means the memorandum of written submissions (memorials) submitted by any participating team.

22) The rules of the Moot Court shall be strictly adhered to, and any deviation would attract disqualification or other penalties.

23) Decisions taken by the Organizers in case of any doubt, dispute, disqualification, etc. shall be final.

 

  1. Date and Mode of the Competition:

1) The Moot Court Competition shall be held from 15.04.2024 to 16.04.2024

2) Mode: Offline.

  1. 3. Eligibility:

1) Participation is restricted to bona fide law students pursuing the three-year or five-year LL.B. degree course in any institution in the country.

2) Only 3 (Three) teams are permitted to participate from each participating institution.

  1. Team Composition:

1) Each team shall comprise a maximum of 3 members and a minimum of 2 members consisting of 2 speakers and 1 researcher.

2) Teams shall identify the speakers and researcher at the time of Registration.

  1. Registration: https://forms.gle/rarRaFRet7iipdWE9

1) Every team shall be allotted a unique code after the closure of the registration. 2) No Registration Fees

  1. Rules Regarding Written Submission:

1) Submission Guidelines:

6.1.1. Teams are required to submit memorials from each side.

6.1.2. The soft copies of the written submission from each side should reach the Organizers in the given Google Form in “.pdf” format by 11:59 PM, 12.05.2024.

6.1.3. Teams are required to submit 5 (five) Hard Copies of the memorial on 15.04.2024. during physical verification.

6.1.4. The hard copy of the written submission must be an exact replica of the soft copy.

6.1.5. Petitioner memorials must have a BLUE COVER and Respondent memorials must have a RED COVER.

6.1.6. The memorials shall not contain any form of identification apart from the team code.

 

 2) Format of Memorial:

6.2.1. Each memorial shall have specified sections like a Cover Page, Table of Contents, List of Abbreviations, Index of Authorities, Statement of Jurisdiction, Statement of Material Facts, Statement of Issues, Summary of Arguments, Arguments Advanced, and Prayer.

6.2.2. The Cover Page must contain the specified details.

6.2.3. Content Specification: Language – English, Font and Size (Body) – Times New Roman, 12 pts, Line Spacing (Body) – 1.5 lines, Font and Size (Footnotes) – Times New Roman, 10 pts, Line Spacing (Footnotes) – Single line, Page Margins – 1 inch on all sides, Page Limit – 25 pages maximum, Paper Specification – White A4 Sized Paper, Body of the Memorial – Justified, Citation should be in compliance with the Bluebook: A Uniform System of Citation (21st Edition).

 

3) Evaluation of Written Submission:

  1. Memorials will be judged based on criteria like Knowledge of facts and law, Quality and Applicability of Research, Correct Format and Citation, Structural Coherence and Consistency in the Argument, and Overall Presentation.

 

4) Penalties:

6.4.1. Submission after the prescribed date will attract a penalty of 5 marks for each day of delay.

6.4.2. Violation of any rules will attract a deduction of 10 marks.

 

 5) Dress Code:

6.5.1. Participants shall be in formal wear only inside the courtroom.

6.5.2. Female participants are required to wear either a full suit or a white kurta, white bottom wear, black blazer/overcoat with formal footwear.

6.5.3. Male participants are required to wear a full suit comprising of a black formal blazer and trousers, full-sleeved white shirts, black tie and formal footwear.

 

6) Anonymity:

6.6.1. Participants shall not disclose their names and identities, and the individual code and the team code shall be the sole source of identity.

 

7) Clarification:

6.6.1 Clarifications to the Moot Proposition shall be sought by sending an e-mail to the organizers on or before 8.05.2024.

 

  1. Inauguration:

8.2 The formal inauguration of the National Moot Court Competition will be held on 15.05.2024.

 

  1. The draw of Lots:

9.1 The match-up of teams in Preliminary Rounds be determined on the basis of the draw of lots which shall take place on 15.05.2024.

 

  1. Oral Pleading Rounds:

1) The language to be used during the Oral Pleading Rounds shall be exclusively

English.

2) The Competition shall consist of Preliminary Round, Quarter Finals, Semi-Finals, and Finals.

3) The order of presentation shall be Appellant Speaker 1, Appellant Speaker 2, Respondent Speaker 1, Respondent Speaker 2, Rebuttal: Appellant, and Sur-rebuttal: Respondent.

4) The Researcher shall be allowed to sit with the teams but shall not be permitted to address the Court.

5) Teams are not permitted to raise issues in the Oral Rounds that have not been submitted in the Written Submissions.

6) The use of mobile phones, laptops, or any other electronic gadgets is strictly prohibited during the Oral Rounds.

7) Participants may use their own bare acts, printouts and commentaries provided that anonymity is not violated.

8) Participants shall ensure that anonymity is not violated while passing on any material to the Judges.

9) The decision of the Judges as to the marks allotted to each team shall be final and binding.

10) Teams shall notify the Court Clerks of the division of time between the 2 Speakers 10 minutes before the commencement of the Rounds.

11) If a Speaker exceeds the reserved time, the additional time taken shall be deducted from the time reserved by the subsequent Speaker.

12) The finality of the decision as to the time structure and the right to Rebut or Sur-rebut shall vest with Judges.

 

  1. Structure of Competition:

1) Preliminary Round: Knockout round to determine 8 teams for Quarter Finals.

2) Quarter Finals: Knockout round to determine 4 teams for Semi-Finals.

3) Semi-Finals: Knockout round to determine 2 teams for Finals.

4) Finals: Final round to determine the winner.

5) Oral Submission Scoring Breakup: Knowledge of facts and law (20), Quality and Applicability of Research (20), Overall Presentation (20), Proper and Articulate Analysis (20), Structural Coherence and Consistency in the Argument (20).

 

  1. Scouting:

1) Scouting is strictly prohibited.

2) Any person may submit a complaint regarding Scouting to the Organizers.

3) Teams found scouting shall be disqualified immediately.

 

  1. Delay in Appearance/Presentation:

If a team does not appear within 10 minutes of the scheduled time, the other team present shall be allowed to submit an ex-parte.

 

  1. Researchers Test:

The Researcher’s Test shall be conducted on 15.04 2024 and shall consist of 50 objective-type questions carrying 2 marks each.

 

  1. Awards:

Best Team, 1st Runners-Up, 2nd Runners-Up, Best Speaker, Best Researcher, and Best Memorial awards shall be given.

 

  1. Miscellaneous:

The Organizers reserve the right to make any changes in the rules or dates due to any unforeseen circumstances.

 

Important Dates

Particulars                                                                                    Date
Release of proposition                                                          24.04.2024
Start of online registration                                                   24.04.2024
Last date of registration                                                       14.05.2024
The last date for seeking clarification                                       11.05.2024
Release of clarification                                                          12.05.2024
The last date of submission of the memorial (soft-copy)           13.05.2024 till 5 p .m
The last date of submission of the memorial (Hard– copy)           15.05.2024
Researcher’s Test                                                                     15.05.2024
Preliminary Round                                                                   15.05.2024
Quarter–Final Round                                                               15.05.2024
Semi-Final Round                                                                   16.05.2024
Final Round                                                                                16.05.2024
Valedictory Ceremony                                                              16.05.2024

Faculty coordinator

Full Name: DR. AMIT GHOSH(HOD)

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