WAVES In association with. West Bengal National University of Juridical Sciences, Kolkata

Transcription

1 BITS Pilani - K.K. Birla Goa Campus WAVES 2017 In association with West Bengal National University of Juridical Sciences, Kolkata LEX OMNIA MOOT COURT 2017 MOOT PROPOSTITION

2 MOOT PROPOSITION CASE CONCERNING THE CARTRIDGES Mr. Jon Targaryen, a citizen of India and a resident of Kolkata is a renowned professional shooter. He represented India in Hunger Games 2012 and won several gold medals for the country. He was scheduled to return to India by way of Indian Viserion Airlines MH-370 on 10th May Being a professional shooter, Mr. Targaryen had an arms license for possession of 500 live cartridges of all legal bores. He was also provided with special permission from the Master of Whisperers, [ Ministry of Home Affairs ] that permitted him possession of 15,000 live cartridges (The Arms License had no stipulation in relation to carrying of cartridges on flights in India). Mr. Jon Targaryen s wife, Mrs. Shae Targaryen is a journalist of repute, and regularly publishes political articles on her blog Queen of the Andals. She often voices her opinions against House Baratheon, the ruling majority party and has previously accused them of side-lining the minority houses in the country. The return leg of the flight was through Toronto-New Delhi Kolkata, i.e. the (unfortunate) passengers in Flight MH 370 were to spend about half-an- hour for a stop-over/ lay-over at Delhi, and the same flight was to continue onwards to Kolkata. Mr. Targaryen had purchased 50 live cartridges at Toronto, intending to use the same for practice. He only purchased 50 cartridges, because he was well aware of the BCAS (Bureau of Civil Aviation Security of India) Circular that mandated that a person had free allowance of cartridges not exceeding 50, alcoholic liquor in excess of 2 litres (which Mr. Maulvi was most aggrieved by), cigarettes exceeding 200 in number, etc. At Toronto airport, Mr. Targaryen duly declared at the airline check-in counter that he was carrying with him 50 live cartridges purchased at Toronto, and 2 bottles of the finest quality of Dornish Red Wine that he could lay his hands on. Mr. Targaryen boarded the flight, had a hearty meal, and fell asleep, hoping to wake up next when the flight would land in Kolkata. 2

3 Now, it so happened that the employees of Indian Viserion Airlines were a rather discontent bunch. They were not paid their wages for over 6 months due to a simmering financial crunch, which some would attribute to the debonair lifestyle of their CEO and Managing Director, Ms. Dany Drogo. Unbeknownst to the passengers of flight MH 370, the employees of Indian Viserion Airlines were scheduling a flash strike at New Delhi Airport, which was to come into effect at the time when MH 370 would land in Delhi for the lay-over/ stop-over en-route to Kolkata. The employees decided that they would simply not allow a change of cabin crew, and that the flight would therefore remain grounded in Delhi until their demands were met. MH 370 landed in Delhi. As planned, it never took off thereafter. The passengers of MH 370, which had landed in Delhi at 3.00 am, were made to wait on board the flight till 6.00 am. Moreover, the harried bunch were never handed refreshments/ water, and were not even permitted to use the in-flight lavatories (which would subsequently lead to several consumer cases being filed by the passengers, but that s another story). Some senior personnel of Indian Viserion Airlines, on the instructions of Ms. Drogo, proceeded to herd the passengers of MH 370 off the flight, and informed them that an alternate domestic flight had been arranged for their onward journey to Kolkata. They would, however, have to disembark, go through immigration at Delhi Airport, and check-in thereafter for the flight waiting for them. Mr. Targaryen, already jet-lagged, was completely exhausted by the turn of events, and went through the motions as directed by the employees of Indian Viserion Airlines. Just as he was about to board his onward flight to Kolkata, he was arrested for having in his check-in baggage 50 live cartridges. He was bailed out the next day, and ninety days later a Charge-sheet came to be filed against him, wherein he was arraigned as an accused for committing an offence under Section 30 of the Arms Act, In the charge-sheet (Police Report u/s 173 CrPC), the only offence alleged against him was u/s 30 of the Arms Act. Upon being summoned by the learned magistrate, Sir Gregor Arryn pursuant to the Charge sheet, Mr. Targaryen filed a Petition u/s 482 r/w Article 226 of the Constitution of India before 3

4 the High Court of Delhi seeking quashment of the Summons, of the Charge sheet and all proceedings emanating therefrom on inter alia the following grounds: a. No offence was made out u/s 30 of the Arms Act, as Mr. Targaryen had neither violated any provisions of the Act, nor violated any provisions of his license; and b. That such prosecution impinged upon his right to carry on his profession, i.e. his fundamental right under Article 19(1)(g), in that he was being prosecuted for carrying cartridges, which was permitted pursuant to his license. Let us pause for a moment and look into what transpired in the life of Mrs. Shae Targaryen on the day after the arrest of her husband. Mrs. Targaryen, the firebrand that she was, published an article on her blog accusing House Baratheon of trying to round up the minority group and to have a concerted plan to arrest those belonging to such group on one pretext or the other. She highlighted the ridiculousness of the arrest of her husband the previous day, who was arrested for an offence under Section 30 Arms Act, despite him having a license for the same, and likening the arrest to arresting a lawyer for arguing in court, to a doctor for prescribing medicines, and to a cricketer for carrying a cricket bat. She stated in her blog House Baratheon is rounding up people belonging to the minority community and having them arrested. The leader of the ruling party, Mr. Joffrey Baratheon is acting like Adolf Hitler, and is on his way to organizing a genocide against the minority community... The only thing left for the majority government and their leader, who also happens to be our Chief Minister, is to round up all of us minority and shoot us downspeak up now to save my husband from malicious prosecution Mrs. Targaryen was, shortly after the publication of the said statements on her blog, in receipt of an from branisthelordoflight@gmail.com, which had the following contents stop posting stupid and evil statements like what you ve posted over the past few days or you will face consequences. Upon receipt of this , Mrs. Targaryen forwarded the to the police along with a complaint. The police registered an FIR on such complaint, and upon 4

5 investigation over the next 30 days, found that the had emerged from an IP address which was traced to the telephone number of one Mrs. Sansa Baelish. The police questioned Mrs. Baelish who admitted to sending the s. She was arrested and released on bail immediately thereafter. A charge sheet came to be filed arraigning Mrs. Baelish as the sole accused for offence under Section 66A of the IT act. Arguments on charge commenced before the Ld. Magistrate, who, relying upon written submissions filed by Mrs. Baelish, proceeded to discharge her, and instead directed the police to register an FIR against Mrs. Targaryen as her blog (and specifically, the two statements herein above) indicated a prima facie offence under Sections 153A, 153B and 295A of the IPC. Challenging the said order, Mrs. Targaryen filed a Section 482 petition before the High Court, which came to be jointly heard along with the Section 482 petition filed by her husband. The following issues have come up, and the matter is at the stage of final arguments: A. and B. The issues raised by Mr. Targaryen in his Section 482 petition. C. Whether a magistrate can direct registration of an FIR under Sections 153A, 153B, and 295A, more particularly when sanction under section 196 of the code of criminal procedure has not been obtained? D. Whether Sections 295A, 153A and 153B are violative of rights under Article 19 of the Constitution? Parties are to address arguments - petitioners on behalf of the couple and the respondents on behalf of the state. Mr Adit S Pujari, Advocate. All names of individuals, as well as incidents mentioned in this moot problem are entirely fictitious and bear no resemblance to any person(s), entities or incident(s) in real life. 5