Moot memorial of moot competition, Thesis of Nationality law

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HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 CHEMBUR KARNATAKA COLLEGE OF LAW HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04

BEFORE THE HON’BLE SUPREME COURT OF INDIANA

EXTRAORDINARY ORIGINAL JURISDICTION

WRIT PETITION (PIL) NO. ___________ OF 2024

IN THE MATTER OF:

MR. RAISINGHANI … PETITIONER

…Versus... UNION OF INDIANA & ORS … RESPONDENT

PUBLIC INTEREST LITIGATION FILED UNDER ARTICLE 32 OF

THE CONSTITUTION OF INDIANA

COUNSEL FOR THE RESPONDENTS

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 INDEX TABLE OF CONTENTS Page No. List of Abbreviations 3 Index of Authorities 4 Statement of Jurisdiction 5 Statement of Facts 6 - 7 Statement of Issues 8 Summary of Arguments 9 - 10 Arguments Advanced 11 - 23 ISSUE 1: WHETHER THE INSTANT CASE MAINTAINABLE BEFORE THIS HON'BLE SUPREME COURT OF INDIANA?

11 - 14

ISSUE 2: WHETHER THE HON’BLE SUPREME COURT

COMPETENT TO FORMULATE LAWS IN THIS TYPE OF

CASE?

15 - 17

ISSUE 3: WHAT RELIEF THE HON’BLE COURT MAY GRANT? 18 - 20

ISSUE 4: WHETHER THE INTERPRETERS OF LAW NEED

PROTECTION OF LAW?

21 - 23

Prayer 24

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 LIST OF ABBREVIATIONS & And Adv. Advocate AIR All India Report Anr. Another Art. Article Hon’ble Honorable No. Number Ors. Others r/w Read with Retd. Retired S./Sec. Section SC Supreme Court SCC Supreme Court Cases SCR Supreme Court Reporter u/s Under Section v. Versus UN United Nations API Assistant Police Inspector PI Police Inspector

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 INDEX OF AUTHORITIES TABLE OF CASES: Sr. No Case Name Citation Details Page No. 1 Ashok Kumar Pandey v. State of W.B.5 (2004) 3 SCC 349 12 2 A.F. Hassan Khan vs. Parvathi Chandrasekharan ( 2008 ) AIR SC 2365 13 3 Dr. Surbhahmaniam Swamy v. State of Kerela ( 1993 ) SCR 2 84 14 4 Kesavananda Bharati v. State of Kerala and Anr. ( 1973 ) 4 SCC 225 16 5 Vishaka v. State of Rajasthan (1997) 6 SCC 241^18 6 Laxmi v. Union of India (2014) 4 SCC 427^18 7 D.K Basu v. State of West Bengal ( 1997 ) 1 SCC 416 19 8 Vineet Narain vs. Union of India ( 1998 ) AIR SC 889 19 9 M.C. Mehta v. Union of India 1987 (1) SCC 395 20

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 STATEMENT OF JURISDICTION

• The Petitioners herein have approached the Supreme Court of Indiana through: Writ Petition in the nature of Public Interest Litigation filed under Article 32 of The Constitution of Indiana, 1949.
• The counsels hereby submit this memorandum before the Hon’ble Supreme Court of Indiana invoking the extraordinary original Jurisdiction of this Hon’ble Supreme Court under Article 32 of The Constitution of Indiana.
• This Memorandum sets forth the facts, laws, and the corresponding arguments on which the claims are based in the instant case.
• The Respondents affirm that they shall accept the judgment of this Hon’ble Supreme Court as final and binding upon itself and shall execute it in its entirety and in good faith.

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 STATEMENT OF FACTS

1. Indiana is a Democratic country whose foundation is laid on the three pillars of Legislature, Executive, and Judiciary. Nowadays Indiana is witnessing an increase in incidents of friction between its two pillars of Democracy i.e., Executive & Judiciary. ❖ Synopsis and Date of Events Date Event Before the Cause of Action: 12/01/
2. Mr. Pankaj Shah received a phone call from A.P.I. Ganesh Shatham from Badar Police Station informed him of an F.I.R. being filed against him for cheating u/s 420 of IPC at the police station and asking him to visit the police station to give his statement.
3. Mr. Shah, a garment shop owner from Badar, got scared on receiving the said call and visited Adv. Piyush Patel, his childhood friend requested Adv. Patel to accompany him to the police station. Adv. Patel upon his friend’s persistent requests, agreed to accompany him to the police station. The day of Cause of Action: 13/01/
4. Both Mr. Shah and Adv. Patel arrived at the Badar Police Station the next day afternoon at around noon. They met A.P.I. Shatham who informed Mr. Shah, that a complaint of cheating u/s. 420 of I.P.C., 1860, has been filed against him and started to intimidate and threaten Mr. Shah.
5. Realizing that his friend was getting intimidated, Adv.

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 Patel tried to intervene, upon which A.P.I. Shatham got infuriated and asked Adv. Patel to get out of the police station. Adv. Patel refused to leave and an argument ensued between A.P.I. Satham and Adv. Patel, following which A.P.I. Shatham slapped Adv. Patel on his ears and cheeks. Adv. Patel fell on the ground due to the sudden assault and the intensity of the slaps, despite that, A.P.I. Shatham kept kicking Adv. Patel. Cognizance by JMFC: 14/01/

5. Realizing the gravity of the situation, the Learned Magistrate taking suo-moto cognizance of the case, granted bail to Adv. Patel and it was only after this that he could be taken to the hospital in the evening at around 8:00 PM. Medical examination revealed that his eardrums had been damaged severely and his ribs fractured apart from various other injuries. 15/01/
6. This incident made the headlines in the next day’s newspapers i.e. on 15th January 2024, and there were protests held against police atrocities against advocates throughout the Country. 16/01/2024 (^) 7) A Senior Advocate of the Hon’ble Supreme Court of Indiana has moved the Hon’ble Supreme Court of Indiana, seeking appropriate directions in the instant case for the protection of the advocates, who are also the officers of the Court, since an assault upon them is an assault upon the Judiciary itself.

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 ISSUES RAISED In the backdrop of the above problem following issues should be considered for the arguments. ISSUE 1: WHETHER THE INSTANT CASE MAINTAINABLE BEFORE THIS HON'BLE SUPREME COURT OF INDIANA? ISSUE 2: WHETHER THE HON’BLE SUPREME COURT COMPETENT TO FORMULATE LAWS IN THIS TYPE OF CASES? ISSUE 3: WHAT RELIEF THE HON’BLE COURT MAY GRANT? ISSUE 4: WHETHER THE INTERPRETERS OF LAW NEED PROTECTION OF LAW?

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 SUMMARY OF PLEADINGS ISSUE 1) WHETHER THE INSTANT CASE MAINTAINABLE BEFORE THIS HON'BLE SUPREME COURT OF INDIANA?

• The Respondents humbly submit before this Hon’ble court that there has been no substantial violation of the fundamental rights conferred under Article 21, 19 of the Indiana Constitution.
• The petitioners approaching this Hon’ble court by way of a writ petition is merely a publicity stunt. It is strongly contended that the petitioners have not approached the Hon’ble Court with clean hands. Thus, the present writ petition is not maintainable. ISSUE 2) WHETHER THE HON’BLE SUPREME COURT COMPETENT TO FORMULATE LAWS IN THIS TYPE OF CASE?
• The Respondents humbly submit that the Constitution has empowered the Supreme Court and the High Courts to protect fundamental rights under Art. and Art.226 respectively.
• The Hon’ble Courts are looked upon more as the guardians of the legislature than the framers of law. The Constitution does not give power to Hon’ble Courts to formulate a law nor to direct the framing of a law.

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 ISSUE 3) WHAT RELIEF THE HON’BLE COURT MAY GRANT?

• The Respondents humbly submit that in Writ Petition cases where the Union of India is a Respondent or a party, the relief granted by the Supreme Court can vary depending on the nature of the case, the issues involved, and the specific prayers sought by the petitioner(s).
• However, the Supreme Court may grant various types of relief in PIL cases and grant the relief by issuing the writ of mandamus or any other appropriate writ in the interest of justice. ISSUE 4) WHETHER THE INTERPRETERS OF LAW NEED PROTECTION OF LAW?
• The Respondents humbly submit that the provisions of the Indian Penal Code,1860 are well equipped to deal with the offenses of physical assault, mental assault, and malicious prosecution against the advocates.
• Thus, there is no such urgency or need to formulate a separate law for the protection of Advocates.

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 ARGUMENTS ADVANCED ISSUE 1) WHETHER THE INSTANT CASE MAINTAINABLE BEFORE THIS HON'BLE SUPREME COURT OF INDIANA? PRELIMINARY SUBMISSION

1. The Respondents humbly submit before this Hon’ble Court that there has been no substantial violation of the fundamental rights conferred under Article 21, 19 of the Indiana Constitution. The petitioners approaching this Hon’ble court by way of a writ petition is merely a publicity stunt. It is strongly contended that the petitioners have not approached the Hon’ble Court with clean hands. Thus, the present writ petition is not maintainable. CONTENTION NO 1 ) WRIT PETITION NOT TENABLE IN THE EYES OF LAW
2. Lexically, the expression "PIL" means the legal action initiated in a Court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected. However, this has become a procedure that is widely abused it has evolved to become "publicity interest litigation" "Private interest litigation" or "politics interest litigation”.
3. This Court in a catena of decisions held that only a person acting bona-fide and having sufficient interest in the proceeding of PIL will alone have locus standi and can approach the Court to wipe out the tears of the poor and needy suffering from violation of their fundamental rights but not a person for personal gain or private profit or political or any oblique consideration.

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04

4. The Hon'ble Supreme Court has observed how public interest litigations are made a weapon of abuse as follows: Public interest litigation is a weapon that has to be word with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest ugly private malice, vested interest and/or publicity-seeking is not lurking. It is to serve as an effective weapon in the armory of law for delivering social justice to the citizens. The brand name of public interest litigation should not be the seed for suspicious products of mischief It should be aimed at the redressal of genuine public wrong or public injury and not attractive publicity-oriented or founded on personal vendetta. As indicated above, the Court must be careful to see that a body of persons or a member of the public, who approaches the court is acting bona file and not for personal gain private motive or political motivation, or other oblique consideration. The Court must not allow its process to be abused for oblique considerations. Some persons with vested interest indulge in the pastime of meddling with the judicial process either by force of habit or from improper motives. Often, they are actuated by a desire to win notoriety or cheap popularity. The petitions of such buried bodies deserve to be thrown out by rejection at the threshold, and in appropriate cases, with exemplary costs^1 CONTENTION NO. 2 ) NO VIOLATION OF FUNDAMENTAL RIGHTS
5. The powers of the Supreme Court under Art 32 of the Constitution are wide and it can be used to reinstate the fundamental rights of individuals when they have been denied PIL can be entertained when the rights of individuals guaranteed by Part III of the Indian Constitution have been grossly violated."
6. Section 186 IPC - Obstructing public servants in discharge of public functions in the present case Advocate Patel was obstructing their duties by intervening in a police matter, leading to the altercation. (^1) Ashok Kumar Pandey v. State of W.B. (2004) 3 SCC 349

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04

7. Section 189 IPC - Threat of injury to public servants Advocate Patel's actions posed a threat of injury to them, leading to their response.
8. Section 41 CrPC - Power of police to arrest without warrant Advocate Patel's actions warranted his arrest under the provisions of this section.
9. In the present case the actions taken against the advocate are justified in law and thus, Article 21 creates an exception that, A person cannot claim his right to life if such right is been violated by the due process of law. CONTENTION NO. 3) EXISTENCE OF ALTERNATIVE REMEDY
10. It is humbly submitted before this Hon'ble Court that the Petitioner has not exhausted the more effective alternative method of approaching the High Court under its jurisdiction by Art. 226 of the Indiana Constitution.
11. Cases filed under Section 186 and Section 189 of the Indian Penal Code (IPC) are generally dealt with by the Magistrate's Court in India. Magistrate's Courts typically handle cases related to such offenses at the trial level. However, depending on the severity and complexity of the case, it may eventually be escalated to higher courts through the appeals process.
12. If the Adv. Patel alleges that a false FIR was filed against him. He can file a petition u/s 482 of CrPC which empowers the high courts to exercise their inherent powers to ensure that justice is done and to prevent abuse of the process of the court. 13) The Hon’ble Supreme Court of Indiana held that the writ jurisdiction under Article 226 of the Constitution should be exercised sparingly and only when there is no alternative remedy available. The court emphasized that alternative remedies must be exhausted before resorting to writ jurisdiction.^2 (^2) A.F. Hassan Khan vs. Parvathi Chandrasekharan ( 2008 ) AIR SC 2365

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 CONTENTION NO. 4 ) INVOLVEMENT OF PRIVATE INTEREST

14. The petitioner himself is a Senior Advocate of the Hon’ble Supreme Court of Indiana and can be seen as an interested party filing this writ petition in the nature of PIL. This PIL seems to be just a publicity stunt to gain media attention, a good reputation, and recognition in the eyes of the Bar Council of Indiana to serve the motive well known to the petitioner himself.
15. The question of when a PIL can be filed is not res integra and guidelines have been laid down time and again by the Apex Court, which are as follows: a) The court should be fully satisfied that substantial public interest is involved before entertaining the petition. b) The court should ensure that the petition which involves larger public interest, gravity, and urgency must be given priority over other petitions." c) The courts before entertaining the PIL should ensure that the PIL is aimed at redressal of genuine public harm or public injury."^3 FINAL SUBMISSION
16. The Respondent humbly submits that the Courts of Justice should not be allowed to be polluted by unscrupulous litigants by resorting to this extraordinary jurisdiction. It is a tool that should not be employed extraneously and should be used carefully with circumspection." (^3) Dr. Surbhahmaniam Swamy v. State of Kerela. (1993) SCR 2 84

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 ISSUE 2) WHETHER THE HON’BLE SUPREME COURT COMPETENT TO FORMULATE LAWS IN THIS TYPE OF CASES? PRELIMINARY SUBMISSION

1. It is humbly submitted that the Constitution has empowered the Supreme Court and the High Courts to protect fundamental rights under Art.32 and Art.226 of the Indiana Constitution respectively. The Hon’ble Courts are looked upon more as the guardians of the legislature than the framers of law. The Constitution does not give power to Hon’ble Courts to formulate a law nor to direct the framing of a law. CONTENTION NO 1) LEGISLATIVE COMPETENCY
2. Art. 245 of the Indiana constitution empowers the Parliament and State Legislature to formulate laws on the subject matter mentioned in the Union List, State List, and Concurrent List of Schedule VII.
3. Under Art.245 the power to formulate laws is expressly delegated to the Parliament and State Legislature, the Hon’ble Supreme Court if initiated to formulate law will directly encroach the power of the Parliament and State Legislature and will be ultra vires the Constitution. The judiciary can interpret laws and strike them down if found unconstitutional but it may not have the competence to directly formulate laws CONTENTION NO.2) SEPARATION OF POWERS IS THE BASIC STRUCTURE
4. The foundation of democratic India stands tall on the three pillars of democracy i.e., the Legislature, the Executive, and the Judiciary. The basic structure is a prominent trait of Democratic India. A better administration and governance of the country is achieved by the separation of powers with these three arms.

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04

5. If the Constitutional Courts start formulating laws such action will be a direct encroachment upon the powers of the Judiciary. Thus, violating the basic Structure of the Constitution. Justice S.M. Sikri states as follows: “ The true position is that every provision of the Constitution can be amended provided in the result the basic foundation and structure of the Constitution remains the same. The basic structure may be said to consist of the following features: a) Supremacy of the Constitution; b) Republican and Democratic forms of Government. c) Secular character of the Constitution; d) Separation of powers between the Legislature, the executive and the judiciary;^4 CONTENTION NO. 3) PROBLEMS THAT WILL ARISE IF THE SUPREME COURT FORMULATES LAW
6. Indiana is the largest democracy in the world. We have representative democracy which means the people elected to the Parliament are the representatives of the entire population from all around the country. When the parliaments enact a law the entire nation affirms the law through their elected representatives.
7. Moreover, there is a proper procedure that is followed during enactments such as the formation of the committee, drafting of the bill, Debates upon the bill, Scrutiny by the law commission, etc.
8. If the judiciary starts to formulate laws or direct parliament to enact laws it will cause many hardships which are as follows: a) such formulated act will be ultra vires the constitution as the power to enact laws is vested with the Parliament under Art. 2 45 (^4) Kesavananda Bharati v. State of Kerala and Anr. (1973) 4 SCC 225

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 b) When a law is formulated by the Hon’ble Supreme Court it will be the verdict of a maximum of the Constitutional Bench of the Hon’ble Supreme Court which does not form an adequate representation of the population. c) It is a well-known fact that the judiciary is already overburdened with adjudicating cases of national importance. If the judiciary starts formulating laws it will cause a deviation from its core function of providing justice. d) The Constitution does not empower the Courts to direct the framing of a law. Art. 129 empowers the court to punish for its contempt, now the question arises of who should be held in contempt of court for not following its directions. It is unclear who would be held in contempt for not enacting a law as per the directions issued by the Hon’ble Court. The Supreme Court can hold the Speaker of the Parliament in contempt for not enacting a law by the specified date (it is uncertain whether the Court has this power since no such past instance has arisen) or all the elected members under contempt for not following the directions given by the parliament. FINAL SUBMISSION It is humbly submitted that the Hon’ble Supreme Court cannot formulate a law for the protection of Advocates as such action will defeat the basic structure doctrine of the Indiana Constitution.

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 ISSUE 3) WHAT RELIEF THE HON’BLE COURT MAY GRANT? PRELIMINARY SUBMISSION

1. It is humbly submitted that in Writ Petition cases where the Union of India (UoI) is a respondent or a party, the relief granted by the Supreme Court can vary depending on the nature of the case, the issues involved, and the specific prayers sought by the petitioner(s). However, the Supreme Court can grant various types of relief in PIL cases. And may grant the following relief by issuing the writ of mandamus or any other appropriate writ in the interest of justice. CONTENTION NO. 1 ) ISSUE GUIDELINES
2. In cases where the PIL highlights systemic issues or shortcomings in government policies or actions, the Supreme Court may issue guidelines or directions to the Union of India to address these issues and ensure compliance with constitutional principles and legal requirements.
3. The Hon’ble Supreme Court even though cannot formulate laws it is in the interest of justice to issue guidelines for the protection of advocates which will aid the advocates and police to work in harmony. The Supreme Court laid down the law about sexual discrimination at workplaces in the absence of a law governing the same^5.
4. Considering the seriousness of the matter and the vulnerable condition of the victim the apex court issued certain guidelines in respect of the sale of acids in the country^6. (^5) Vishaka v. State of Rajasthan (1997) 6 SCC 241 (^6) Laxmi v. Union of India (2014) 4 SCC 427

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04

5. The Apex court treated a letter addressing the problem of custodial death based on news articles and reports and laid down guidelines for the arrest and detention of individuals.^7
6. This Hon’ble court may in the interest of justice formulate guidelines as an interim relief till a proper law is enacted upon any burning issue. CONTENTION NO. 2 ) DIRECT INVESTIGATION
7. The petition raises allegations of human rights violations and other serious issues within the purview of the Union of India, the Supreme Court may direct an investigation or inquiry to be conducted by relevant investigative agencies or authorities. 8) One notable case in which the Supreme Court of India directed for investigation is the case, often referred to as the "Hawala case." In this case, the Supreme Court took suo motu cognizance based on a series of investigative reports published in the Indian media. The court directed the Central Bureau of Investigation (CBI) to conduct a thorough investigation into the allegations of corruption and submit periodic reports to the court^8_._
8. The Vineet Narain case is significant because it demonstrated the Supreme Court's willingness to intervene in matters of corruption and uphold the rule of law. The court's directive for investigation played a crucial role in bringing transparency and accountability to the political and administrative systems in India.
9. In the present case there is a need for an independent investigation to be carried out in cases of atrocities against the advocates. (^7) D.K Basu v. State of West Bengal (1997) 1 SCC 416 (^8) Vineet Narain v. Union of India (1998) AIR SC 889

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 CONTENTION NO. 3) AWARD COMPENSATION

11. In cases where individuals or communities have suffered harm or loss due to the actions or negligence of the Union of India, the Supreme Court may order the payment of compensation or damages to the affected parties. 12) One prominent case where the Supreme Court awarded compensation to the affected party is commonly known as the "Oleum Gas Leak Case". In this case, the Supreme Court awarded compensation to the victims of the Bhopal Gas Tragedy, holding Union Carbide Corporation responsible for the disaster and ordering it to pay compensation to the affected parties.^9
12. In the instant case the Hon’ble Supreme Court may appoint an amicus curia to collect and consolidate data related to the atrocities against the advocates and grant adequate compensation to affected parties. FINAL SUBMISSION 14) It is humbly submitted that by issuing the writ of mandamus or any other appropriate writ the Hon’ble Supreme Court may grant any of the above relief to the petitioners except the formulation of the Advocate Protection Act. (^9) M.C. Mehta v. Union of India 1987 (1) SCC 395

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 ISSUE 4) WHETHER THE INTERPRETERS OF LAW NEED PROTECTION OF LAW? PRELIMINARY SUBMISSION

1. It is humbly submitted that the provisions of the Indian Penal Code, 1860 are well equipped to deal with the offenses of physical assault, mental assault, and malicious prosecution against the advocates. Thus, there is no such urgency or need to formulate a separate law for the protection of Advocates CONTENTION NO.1) IPC IS SUFFICIENT TO PROVIDE PROTECTION
2. In the instant case Adv Patel was accompanying his friend during the police interrogation it is alleged that API Satham slapped Adv. Piyush Patel which has caused a physical assault upon him. The Adv. Patel has the remedy to file a case against the police u/s 351/352 of IPC.
3. In the instant case if the Police have wrongfully confined the accused and framed a wrong FIR against the Adv. Patel can file a case against the police u/s 342 and Sec 167 and of the IPC respectively.
4. If the Adv. Patel alleges that a false FIR was filed against him. He can file a petition u/s 482 of CrPC which empowers the high courts to exercise their inherent powers to ensure that justice is done and to prevent abuse of the process of the court. CONTENTION NO. 2) COMPLAINT TO THE STATE POLICE AUTHORITIES
5. In India, state police forces are established under the provisions of the Indian Constitution, primarily under Article 246 and the VII Schedule, which delineate the distribution of legislative powers between the Union (central government) and the states. The establishment and regulation of police forces primarily fall under the jurisdiction of the states rather than the central government.

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04

6. The primary legislative framework for the establishment and regulation of state police forces is provided by the respective state Police Acts. Each state in India has its own Police Act, which governs the organization, powers, functions, and duties of the state police force within that particular state.
7. For example:

• The Maharashtra Police Act, of 1951, governs the establishment and functioning of the police force in the state of Maharashtra.
• The Karnataka Police Act, 1963, provides the legal framework for the police force in Karnataka.
• The Tamil Nadu Police Act, of 1859, which has been amended several times, regulates the police force in Tamil Nadu.

8. Each state in India has its police department responsible for maintaining law and order within its jurisdiction. The state police department typically has its internal disciplinary mechanism to address misconduct by police officers. This may include departmental inquiries, disciplinary committees, and other administrative processes. CONTENTION NO. 3) WRIT JURISDICTION
9. The Advocates can approach the Hon’ble High Court and Hon’ble Supreme Court under Art. 226 and Art. 32 respectively to seek remedies for unlawful detention and violation of fundamental rights mentioned in Part III of the Indiana Constitution.

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 CONTENTION NO. 4) ADVOCATES ACT,1961

10. In the present case if the advocate has acted in good faith to protect the interest of the person/ client/ accused he has an immunity being granted under Sec. 48 of the Advocates Act, 1961. FINAL SUBMISSION
11. It is humbly submitted that there are sufficient provisions providing immunity and remedies to the advocates against the atrocities. There is no need for providing additional protection by an Act as such special consideration may flood the judiciary with similar petitions from other professions requesting protection.

HON’BLE JUSTICE SHIVRAJ V. PATIL 2ND NATIONAL MOOT COURT COMPETITION, 2024 Team Code: 04 PRAYER Therefore, it is prayed, in the light of the issue raised, argument advanced and authority cited, that this Hon’ble Court may kindly be pleased to:

1. This Writ Petition may be dismissed.
2. Any other suitable, equitable relief may kindly be granted in favor of the petitioner. Place: S/d_________________ Date: Counsel for the Respondents