MOOT PROPOSITION

THEMIS 2021

CHRIST LAVASA NATIONAL MOOT COURT COMPETITION

MOOT PROPOSITION

DISCLAIMER 

 

This Moot Proposition is only for the purpose of Themis 2021. The contents of the same are purely imaginary and neither intended nor attempted to resemble any incident or any person living or dead. All materials, names, characters, locations, dates etc. in the moot proposition are fictitious and do not intend to or attempt to hurt the feelings or sentiments of any community or degrade the values and ideologies of any group of people, religion or individual. Any resemblance to the same is unintended and merely a coincidence.

 

 

1. Indikia is positioned on the Hadenese subcontinent in south-central Luthania and is located in both the southern and northern hemisphere; Indikia is among the most populated countries of the world. Having gained independence a mere 70 years back, Indikia is among the largest and youngest democracies of the world. Though an independent and sovereign country, the Indikian Constitution draws its inspiration from various countries and is the lengthiest Constitution in the world. The latest census showed literacy rate of Indikia to be at 72.99%, however the masses by and large are not knowledgeable about current issues, government policies.

 

2. Indikia also saw a huge increase in their population a few years after independence. This would’ve been good news if the population would’ve increased slowly with time and in a planned manner, however, due to low level of literacy as well as ignorance and non-availability of birth control measures amongst the population at large, the population grew in an uncontrolled manner and this caused a huge strain on the resources as well as upon the legal machinery established to maintain law and order.

 

3. The population explosion resulted in a huge backlog of cases in the courts. This further led to a delay in the passing of judgements and delivering justice to the population at large. Many judges of the Supreme Court of Indikia, the Apex Court in the country had publicly decried the need to manage the case load so that the justice delivery system can be faster. 

 

4. Furthermore, the low literacy rate also meant that many citizens were unaware of their fundamental rights and had a sceptical view of the police and the justice system at large. This was not helped by the fact that many of the legal texts of the country were very long and included a very dense vocabulary, which created further alienation amongst the people with respect to the judiciary as well as the police. 

 

5. There were many instances in which cases were filed in the Supreme court against atrocities committed by the state machinery, specifically police against some areas of the population. The police was also accused of using unusual and at times illegal means while investigating cases and coming to a conclusion. Furthermore, the police were hailed as the main perpetrators of fear by many human rights groups in Indikia as well as in the international arena. Thus, there was a general distrust amongst the people and the state machineries. The same was also shown in various media reports in Indikia and international media.

 

6. Thus, whenever there was a case against a celebrity or a well-known person the scrutiny was always high upon the police and the government machinery. In one such case, Mr. Balwant Rai a leading tv and stage personality was arrested by the Indikian Police under the suspicion of a committing a murder. When being presented in front of the court for his remand hearing, Remand to police custody was sought on the sole ground on recovering the weapon used. 

 

7. At this time, Mr. Rai gave an undertaking to the court that no incriminating evidence can be found from him and that he did not wish to answer any questions related to recovery as well. He knows nothing about any such murder or the murder weapon and secondly that he does not want to answer any incriminating questions related to the same. Furthermore, he informed the court that at the time of arrest he was not informed of any of his right against self-incrimination. To this the prosecutor had replied that the State was not under any obligation to do so. After hearing arguments from both the sides, the judge allowed the request of the State and gave Mr. Rai seven days of Police Custody. 

 

8. Being aggrieved by this, Mr. Rai has now approached the Supreme Court under Article 32 against the remand order and an urgent mentioning was made because of which the matter has now been taken up by the Supreme Court. 

 

Issues:

1. Whether writ petition is maintainable?

2. Whether the remand order is patently illegal?

3. Whether the accused can refuse to make a disclosure statement and whether the police are under obligation to appraise the accused about the right against self-incrimination?

LAWS OF INDIKIA ARE PARA MATERIA TO THE LAWS OF INDIA

FOR THE PDF VERSION OF THE MOOT PROPOSITION CLICK THE LINK BELOW:

https://drive.google.com/file/d/1HJO_OZREvpwXfbD1g7wnIBjjb7Pp5kDK/view?usp=sharing

 


 

 

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