Justice Murtaza Husain Memorial National Moot Court Competition 2023, Transcriptions of Law

Download Justice Murtaza Husain Memorial National Moot Court Competition 2023 and more Transcriptions Law in PDF only on Docsity! ORGANISED BY : UNITY POST GRADUATE COLLEGE, LUCKNOW 8th JUSTICE MURTAZA HUSAIN MEMORIAL NATIONAL MOOT COURT COMPETITION,2023 3rd - 5th November, 2023 UNITY POST GRADUATE COLLEGE The Registrar/Director/Principal/Dean/HOD/Convener, Dear Sir/Ma’am, Greetings for the day! Unity Post Graduate College, Lucknow takes immense pleasure and pride in announcing its 8th Justice Murtaza Husain Memorial National Moot Court Competition, 2023 to be held from 03 to 05 November, 2023 We at Unity Post Graduate College, Lucknow strive to provide a platform to the students to imbibe the pragmatic skills of law and this Moot Court Competition is one such attempt to create a simulating atmosphere for future lawyers. The objective is to allow the students to delve into the intricacies of law. We would like to take this opportunity to invite your esteemed University/Institute/ College to participate in the competition. We would be glad to receive a positive response about your participation to the Email ID: [email protected] so that together we can give our students a platform to hone their mooting skills. A copy of detailed rules and regulations is attached herewith. Thanking you, Moot Court Committee Unity Post Graduate College IMPORTANT DATES Commencement of Provisional Registration Commencement of Registration Last Date for Registration & Submission of Travel Form Last Date to Seek Clarification Last Date for Memorial Submission (Soft Copy) Date For Memorial Submission (Hard Copy) Researcher ’ s Test Preliminary & Quarter Final Round Semi Finals & Final Round 29th, September 04th, October 25th, October 25th, October 30th, October 03rd, November 03rd, November 04th, November 05th, November Winners: Cash Prize of Rs. 20,000 + Certificate of Excellence Runner Up: Cash Prize of Rs. 15,000 + Certificate of Excellence Best Mooter : Cash Prize of Rs. 5000 + Certificate of Excellence Best Researcher : Cash Prize of Rs. 5000 + Certificate of Excellence Team Awards Best Memorial : Cash Prize of Rs. 6000 + Certificate of Excellence REGISTRATION FEES without Accommodation Rs. 3000 With Accommodation Rs.6000 Certificate for Participation will be given to all participants All certificate and Awards will be presented to the participants at the valedictory Ceremony on 5 November, 2023 1. The Republic of Austania is a landlocked nation situated between the under developing nations of Lomino and Earland. As per the latest survey of RelSol, Austania is the most populated nation in the world. The nation is infamous for the high rate of crime against women and an alarming rise in its hate crimes. The State of Moonland is the most prosperous province of Austania by virtue of the fact that economy flourished in Moonland even before Austania achieved independence. 2. The Republic of Austania is governed by the Constitution of Austania which is considered to be the governing law of the land. The Constitution of Austania guarantees basic freedoms and rights to all its citizens. The Apex Court of Austania is the final interpreter of the Constitution and is admired by Human Rights activists across the globe for its ‘right-based’ approach so much so that the Apex Court has often been termed, in the recent years, as ‘Apex Court for the Nation’ in contrast to ‘Apex Court of the Nation’. 3. The state of Austania has ample laws with respect to the welfare and protection of women the recent election campaign was also based upon women security and empowerment which helped the party to form the government whose prima facie motive was to uplift the status of women in the state. But surprisingly horrifying rape cases and crime against women were committed regularly but the police authorities failed to take coercive action which ultimately affected the public at large, peace and prosperity of the state was at stake also the image of the government in the state was tarnished. Disclaimer: All the names used and events described in this preposition are fictitious. Resemblance of any kind and magnitude to any names, persons, organizations or event whatsoever is purely co-incidental. The counsels are expected to operate within the four walls of the facts and issues raised herein. Facts of the case are as follows: MOOT PROPOSITION 11. Meanwhile, in light of the Highway Rape case, the Austania Government passed the Offenders of Heinous Crimes (Abolishment of Appeal) Act, 2023 [hereinafter referred to as ‘OAC Act, 2023’] relevant part of which is as follows: “1. Title and extent of operation of this act: This Act shall be called the “Offenders of Abhorrent Crimes (Abolishment of Appeal) Act, 2023’ and shall extend to the Republic of Austania. 2. Definitions: (d) ‘Abhorrent Crimes’ means and includes all sexual offences. (h) ‘Special Court’ means the fast- track courts constituted under this Act. 3. Constitution of Special Court and it’s functions: (1) The Central Government shall appoint a sitting judge of any High Court or retired judge of any High Court or Supreme Court for the Special Court. (2) The decision taken by the Special Court shall be the final authority in deciding any appeal arising out of the award of the death penalty in case of heinous crimes. 4. Appeal: No Court shall entertain any appeal preferred from the decision of the special court in cases where the death penalty has been awarded to the convicts provided that the same has been upheld by the Judge of the Special Court.” 12. EMPOWER THE NARI an NGO actively fighting on the Human rights & Protection of Women front for the past two decades, along with the three convicts, moved to the Apex Court under Art.32 of the Constitution of Austania challenging the OAC Act, 2023, asserting the fundamental rights guaranteed under Art. 21 of the people including prisoners of rape and other heinous offences. The petition also prayed for guidelines to be formulated for Police encounters and demanded an independent inquiry by Central Bureau of Investigation of Austania (CBIA) into the alleged fake- encounter of one of the convicts, Zambie. The Constitutionality of the OAC Act, 2023; Admissibility and degree of reliability of secondary evidence in cases where objection at first instance is not raised (particularly, in circumstances like the Highway Rape case); Formulation of Guidelines for fake encounters; Right to Reform as a fundamental right. 13. The friend of the victim, karen, along with a group of Women activists, filed a Public Interest Litigation demanding ‘Instant Justice’ policy formulation by ensuring time-bound speedy investigation followed by stringent punishments in cases of rape. The petitioners claimed that the right to appeal of offenders of sexual crimes should be taken away and no procedure for mercy plea should exist in cases of heinous crime wherein, the death penalty has been awarded. 14. The Apex Court has taken Suo-moto cognizance and also took notice of the Hon’ble High Court of Moonland’s judgment in the Highway Rape case and decided to settle the law with respect to the admissibility of secondary evidence in cases where objection to its admissibility is not raised at the first instance. 15. The Apex Court tagged the matters together and the same is due to be heard on the following substantial issues: 1. 2. 3. 4. The participants are free to raise any other issue based on the facts mentioned. It may, however, be noted that the Apex Court would hear only the substantial questions of law and any procedural issue (except the issue of jurisdiction), would not be entertained in light of the established rules and jurisprudence. 16. The laws of Austania are pari materia to the laws of India, but the judgment of the Supreme Court of India in PUCL v. State of Maharashtra (2014) is not binding upon the Courts of Austania. REMINISCING THE PAST ember, 2022 Sm vaca ian neon,