SCHOOL OF LAW 2 ND INTRA MOOT COURT COMPETITION-2015 August 20-21, 2015 OPPORTUNITY TO GROOM LAW STUDENTS AS FUTURE LAWYERS

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PERFORMANCE EVALUATION BY EMINENT JUDGES & ACADEMICIANS IN THE SERENE

1 I OPPORTUNITY TO GROOM LAW STUDENTS AS FUTURE LAWYERS PROBLEM RELATING TO DEFAMATION 2 ND INTRA MOOT COURT COMPETITION-2015 August 20-21, 2015 PERFORMANCE EVALUATION BY EMINENT JUDGES & ACADEMICIANS IN THE SERENE AMBIENCE OF DOON VALLEY Organized By: IMS UNISON UNIVERSITY DEHRADUN

2 2 nd INTRA MOOT COURT COMPETITION-2015 SCHEDULE Key Dates 10 th August, 2015 Release of Moot Problem and Rules of the 2 nd Intra Moot Court Competition 14 th August, 2015 Last Date of Registration 18 th August, 2015 Last Date for Submission of Memorials (Soft Copy) sol.mootcourt@iuu.ac 19 th August, 2015 Last Date for Submission of Memorials (Hard Copy) 20 th August, 2015 Preliminary, Quarter Finals, & Semi Finals. 21 st August, 2015 Finals & Valedictory

3 2 nd INTRA MOOT COURT COMPETITION-2015 MOOT PROBLEM Hindunesia is a Federal Republic country of South Asia with rich cultural history and heritage. The country is noted for its rich ethnic and religious diversity. The laws and constitution of the country are pari-materia with that of India. All the major religions of the world are practiced in this country and it is praised around the world for its tolerant and liberal attitude towards all religions. The history of the country dates back to 1000 BC and it boasts of the some of the biggest achievements in the field of mathematics, astronomy and philosophy. Several foreign powers attacked the country numerous times and hence it has traditionally been under various foreign regimes The country was under colonial rule of Singland for more than 200 years and gained independence on 15 th September 1952 after a long drawn battle against the Singland Rule. People irrespective of age, caste and religion participated in the freedom movement and some of the heroes of the freedom movement became household names. The freedom movement gained momentum by the beginning of the 20 th century following the influence of western education and philosophy. Devatama Pandhi was perhaps the most famous and respected freedom fighter who became famous worldwide for his principles of non-violence. After his return from North Africa, he initiated many movements which shook the Singlish Government to a large extent. He never took any official post but was always associated with the Hindunesian National Congress. His fame cut across religious and caste lines and hence he was unofficially called the Father of the Nation after the country gained independence. His long time close associate Manoharlal Behru became the first Prime Minister of the nation. Mr.Pandhi was assassinated in 1953 soon after Hindunesia gained independence. Another important freedom fighter who became a thorn for the Singlish Empire was Sukesh Chandra Ghosh who was also known as Netaji. He was earlier a member of the Hindunesian National Congress but soon resigned from it due to differences with Mr.Pandhi and formed his own party National Republican Block. He escaped from his home town of Kalikata while he was under Singlish surveillance and managed to reach Dormany where he, with the help of the Dorman Chancellor, formed the Hindunesian Legion and then moved to Byanmar which was on the eastern border of Hindunesia. There he took charge of the Hidunesian National Army in collaboration with country of Makan which was also fighting against the Singlish Empire. Sukesh Chandra Ghosh reportedly died in a plane crash in 1950 but his death still remains a mystery. After gaining independence in 1952, the Constituent Assembly of Hindunesia drafted a new constitution of the country by The provisions of the constitution were borrowed from the constitutions of several other countries and it is known to be the largest written constitution of the world. It gave the citizens of the nation a wide range of fundamental rights like Right to Equality, Right to Freedom, Right to Life, and so on and so forth.

4 The fundamental rights are enforceable by the High Courts and Supreme Court and the country takes pride in the fact that Right to Speech is valued highly over here which gives the citizens the right to express their views without any fear barring some reasonable restrictions. Mahendra Sitzu is a retired judge of the Supreme Court of Hindunesia. He belonged to the rich and traditional Sitzu family. His grandfather, Bholenath Sitzu was the Law minister in the cabinet of Mr.Behru and was later made the Governor of East Bongo province and Chief Minister of Central Hindunesian Province. Mr. Bholenath Sitzu was also famous for defending the officers of Hindunesian National Army when they were tried at the Green Fort for waging war against the Emperor of Singland. Mr. Yogendra Sitzu, father of Mahendra Sitzu was also a judge in one of the High Court of the country. Mr.Mahendra Sitzu, was already known to have given many controversial statements like, 80% of Hindunesians are fools, All the politicians are corrupt and Judges of North Hindunesan High Court are corrupt. In December 2014, he posted on his Friendbook account that Mr.Pandhi was a Singlish Agent and that his principles of non-violence were actually meant to help the Singlish to continue their rule with less disturbance. Infact he also went on to call Mr.Pandhi a cunning fox who helped the Singlish in their motives. Moreover in another post he labeled Sukesh Chandra Ghosh as a Makanese agent and claimed that he was just a pawn of Makan who were using him to fight the Singlish and establish themselves as the master of Hindunesia. Mr. Prabhat Pandhi, grandson of Devatma Pandhi filed a defamation suit against Mr.Sitzu under the Hindunesian Penal Code in which the lower court imposed a fine of 1,00,000 Hindunesian Rupees on him. An appeal was made to the High Court which upheld the decision of the lower court. Finally Mr.Sitzu moved to the Supreme Court against this decision. On the other hand the police of New Dehri, which was under the Union of Hindunesia, took a suo moto action against one Rahul Pandit who liked and shared the post of Mr.Sitzu on social media and arrested him under the Information Technology, Act of Hindunesia. He was convicted of sharing obscene material on electronic media which was against the National pride and interest. The Union Home Minister of Hindunesia, Mr. Suryanath Singh justified this arrest and said that no foul activity against the freedom fighters shall be tolerated and that the government is committed to protect their glory. The High Court of New Dehri upheld this decision and finally Mr.Pandit moved to the Supreme Court. Meanwhile the Union Government asked the Friendbook authorities to delete the controversial post of Mr.Sitzu. Being aggrieved by this, Mr.Sitzu filed a writ petition in the Supreme Court claiming that he has a right to express his opinion and any restrictions imposed on it by the state is violative of the Right to Freedom of Speech guaranteed under the constitution. He claimed that he can prove by historical facts that his views were right and therefore should have been given a chance to keep his side. The Union of Hindunesia contended that Mr. Sitzu being a well known public figure should have been more careful while commenting on such sensitive issues for his views may have a negative impact and corrupt the mind of the citizens of the nation.

5 The Supreme Court, keeping in mind the need for speedy justice and remedy clubbed the 3 issues together and listed the matter for final hearing framing the following issues: i. Whether there was a defamation of Mr.Pandhi and Mr. Ghosh by Mr.Sitzu? ii. iii. Whether the sharing of such posts can be considered obscene & against national interest? Whether the removal of the post from Mr. Sitzu s Friendbook account amounted to the violation of the Right to Freedom of Speech guaranteed under Part III of the constitution? Participants may frame any other issues if they feel like. Note- The lives Devatma Pandhi and Sukesh Chandra Ghosh are somewhat pari materia with that of Mahatma Gandhi and Subhash Chandra Bose respectively. ANNEXURE I The posts by Mr. Mahendra Sitzu on his social media account are given below: 1. On Devatma Pandhi: Now Hindunesians are a religious people, and they were even more religious in the first half of the 20th century. A sadhu or swamiji may preach such ideas to his followers in his ashram, but when they are preached day in and day out by a political leader, what effect will these speeches and writings have on an orthodox Muslim mind? It would surely drive him towards a Muslim organization like the Muslim League, and so it did. Was this not serving the Singlish policy of divide and rule? By constantly injecting religion into politics for several decades, was Pandhi not objectively acting as a Singlish agent? In Hindunesia a revolutionary movement against Singlish rule had started in the early 20th century under the Anugraha Samiti, and revolutionaries like Maurya Sen, Lakshmanprasad Bismil, Suryashekhar Azad, Mahamadullah, Bhagatram Singh, Rajyaguru, etc ( who were all hanged by the Singlish). Pandhi successfully diverted the freedom struggle from this revolutionary direction to a harmless nonsensical channel called Satyagrah. This also served Singlish interests. Pandhi's economic ideas were thoroughly reactionary. He advocated self sufficient village communities, though everybody knows that these communities were totally casteist and in the grip of landlords and money lenders. Pandhi was against industrialization, and preached hand spinning by charkha and other such reactionary nonsense. Similarly, his ' trusteeship ' theory was all nonsense, and an act of deceiving the people. Some people praise Pandhi's bravery in going to Soakhali, etc to douse the communal violence at the time of Partition. But the question is why did he help setting the house on fire in the first place by preaching religious ideas in public political meetings for several decades, which were bound to divide the Hindunesian people on religious lines? First you set the house on fire, and then you do the drama of trying to douse the flames.

6 2. On Sukesh Chandra Ghosh: Netaji' Sukesh Chandra Ghosh. If ' Netaji ' was not a Makanese agent, why did he surrender when the Makanese surrendered? He should have carried on a guerilla war against the Singlish. If the Makanese had been victorious against the Singlish do you seriously think they would have granted independence to Hindunesia? No, they would have made Hindunesia a Makanese colony, and ruthlessly exploited and looted it. In fact Ghosh was being used by the Makanese, and they would have bumped him off the moment his utility for them was over. He was no doubt a brave and personally honest man, but he had become an agent of Makanese fascism.

7 2 nd INTRA MOOT COURT COMPETITION-2015 RULES & REGULATIONS I. ELIGIBILITY The competition is open only for students pursuing BALL.B, BBALL.B & LL.B degrees from School of Law, IUU and School of Law, IMS. Note: Final year students are not allowed to participate in the competition. II. LANGUAGE The Competition will be conducted in the English language only. III. TEAM COMPOSITION Each team shall consist of three members (two speakers and one researcher). IV. REGISTRATION In order to confirm participation every team should register by filling the registration form and submitting it in hardcopy to the Student Conveners latest by 14 th August, V. CRITERIA FOR MEMORIAL EVALUATION: 1. Teams have to prepare Memorials for both appellant and respondent sides. 2. The teams must send a soft copy on or before 18 th August, 2015 to sol.mootcourt@iuu.ac. In addition 5 (five) hard copies of the memorials of each side should be submitted to the Student Conveners latest by 18 th August, Note: Memorials submitted after 18 th August, 2015 will not be considered for evaluation. 3. Format of Memorials 3.1 The memorial shall not exceed 30 typed A4 size pages. 3.2 Colour of the cover page must be Blue in case of Petitioner/Appellant and Red in case of Respondent.

8 3.3 Body of Memorial shall include: i. The Cover Page of the Memorial must state the Cause Title ii. Table of Contents iii. List of Abbreviations iv. Index of Authorities / Table of Cases v. Statement of Jurisdiction vi. Statement of Facts vii. Statement of Issues viii. Summary of Arguments ix. Arguments Advanced/Detailed Arguments x. Prayer xi. Bibliography Note: Identity of the Programme and Semester should not be revealed anywhere in the memorial as well as in any Annexure. Violation of this provision will result in penalties including disqualification. The decision of the Dean-SOL shall be final in this regard. 3.4 The font of the body of the memorial should be Times New Roman, size 12, line spacing 1.5 and headings should be 14. The font of the footnotes should be Times New Roman, size 10 and the rules of citation will be as per the Indian Law Institute Rules of Footnoting. 3.5 Memorials should be spiral bound. 3.6 Memorials should have one inch margin on all sides of each page. 3.7 Pages should be numbered at the bottom middle. 3.8 The memorial should not contain any photographs/sketches/exhibits/affidavits etc. 4 All memorials received within the time schedule will be evaluated by the Memorial Evaluation Committee (MEC) to be constituted by the Dean-SOL, IMS Unison University. 5 The evaluation will be done on the following parameters: a. Knowledge of Facts and Law: 25 b. Extent and Use of research: 25 c. Analysis: 20 d. Clarity and Organization: 10 e. Format and Citation: 10 f. Grammar and Style: Evaluation done by the MEC shall be final and binding.

9 VI. ROUNDS 1. Draw of lots Each team will be provided with a Team Code at the time of registration. After the draw of lots, each team will be assigned a side (appellant/respondent). Fixtures of the teams will be predetermined based on the team codes. 2. Elimination Round This will be a knock-out round. Each team shall represent only one side as decided during the draw of lots. The winner of each court-room, decided on the basis of the scores awarded by the judges, will proceed to the Quarter Finals. 3. Quarter Finals The winner of each court-room decided on the basis of the scores awarded by the judges will proceed to the Semi Finals. 4. Semi Finals The winner of each court-room decided on the basis of the scores awarded by the judges will proceed to the Final. 5. Final Round The final round shall take place between the winners of the semi-final round. VII. PROCEDURE AND MARKING OF COURT ROUNDS 1. Each team will get a total of 25 minutes to present its case. This includes the time for rebuttal and sub-rebuttal. 2. The division of time per speaker is left to the discretion of the team. 3. The arguments should be confined to the issues presented in the memorial. 4. The researcher needs to be present with the speakers during all the rounds. 5. Maximum scores for the court rounds will be 100 marks per speaker. The court rounds will be judged on the following parameters: a. Knowledge of Law : 20 marks b. Application of Law to Facts : 20 marks c. Ingenuity and Ability to Answer: 20 marks d. Style, Poise, Courtesy and Demeanor : 20 marks e. Time Management : 10 marks f. Organization : 10 marks

10 VIII. DRESS CODE Inside the Court Room the participants shall be in Formals. a. Female(s): White Salwar and Kurta /White Shirt, Black Trouser and Black Tie along with Black Blazer and Black Shoes. b. Male(s): White Shirt and Black Trouser along with Black Tie, Black Blazer and Black Shoes. IX. PRIZES Categories: i. Winner ii. Runner Up iii. Best Memorial iv. Best Mooter v. Certificates will also be issued to all the participants. X. QUERIES AND CLARIFICATIONS In case of any questions related to problems or clarifications regarding the competition, feel free to mail on or contact the following: 1. Faculty Convener- Ms. Varsha Singh 2. Student Conveners Sambhav Jain and Mehvish Hameed XI. GENERAL INFORMATION Date and Venue: The 2 nd Intra Moot Court Competition shall be held on, August 20-21, 2015 at School of Law, IMS Unison University, Dehradun.

11 2 nd INTRA MOOT COURT COMPETITION-2015 REGISTRATION FORM INSTRUCTIONS: All participating teams are requested to fill in the details in capital letters and submit the filled form to the Dean s office to expedite allotment of the team codes. Please read the Rules & Regulations of the competition before submitting this registration form. 1. TEAM MEMBER # 1 Designation: Speaker-1 Speaker-2 Researcher Name:... Student ID no.: Course: B.A.LL.B LL.B Semester:. Mobile No: TEAM MEMBER # 2 Designation: Speaker-1 Speaker-2 Researcher Name:... Student ID no.:..... Course: B.A.LL.B LL.B Semester:. Mobile No: TEAM MEMBER # 3 Designation: Speaker-1 Speaker-2 Researcher Name:.. Student ID no.:..... Course: B.A.LL.B LL.B Semester:. Mobile No: DECLARATION BY THE TEAM MEMBERS We hereby certify that the information given by us is true and complete in all material respect. We also undertake to abide by the Rules & Regulations of the competition. Signature of Team Member #1 Signature of Team Member #2 Signature of Team Member #3

RULES AND REGULATIONS

RULES AND REGULATIONS Event: 14th Nani Palkhivala Memorial National Taxation Moot Court Competition - 2018 Dates: 6th to 8th April, 2018 Venue: School of Law, SASTRA Deemed to be University, Thirumalaisamudram,