2016

2nd INTRA-FACULTY MOOT COURT

COMPETITION
Faculty of Law, Aligarh Muslim University

[BROCHURE]
ORGANISED BY- LAW SOCIETY (ALIGARH MUSLIM UNIVERSITY)
 2nd INTRA-FACULTY MOOT COURT COMPETITION, 2016

Profile of Aligarh Muslim University (AMU)

Aligarh Muslim University (AMU) is among the oldest Central Universities in India. It was
established by Sir Syed Ahmad Khan , the great social reformer and statesman. In 1877, he
founded the Mohammaden Anglo Oriental College (MAO) in Aligarh and patterned the
college after Oxford and Cambridge universities that he had visited on a trip to England. His
objective was to build a college in tune with the British education system but without
compromising its Islamic values. It was one of the first purely residential educational
institutions set up either by the government or the public in India. It was also around this time
that a movement began to have it developed into a University. To achieve this goal,
expansions were made and more academic programs added to the curriculum of the college.
By 1920 the Mohammedan Anglo Oriental College was transformed into the Aligarh Muslim
University (AMU).

The main campus of AMU is located in the city of Aligarh. spread over 467.6 hectares in the
city of Aligarh. AMU offers more than 300 courses in the traditional and modern branches of
education. Aligarh Muslim University occupies a unique position amongst Universities and
institutions of higher learning in the country. It draws students from all states in India and
from different countries, especially Africa, West Asia and Southeast Asia. The University has
consistently ranked among the best educational institutions in India. In 2012, the University
was ranked 5th by India Today. In 2013, the University ranked 9th in the top 10 higher
education institutions in India by Times Higher Education World University Rankings.
According to Times Higher Education, Asia Ranking 2014, A.M.U ranks 3rd among
Universities in India. The University is open to all irrespective of caste, creed, religion or
gender. The Aligarh Muslim University is the realization of a vision which was broad, far-
reaching and realistic. Apart from the conventional Under graduate and Post graduate courses
in Social Sciences, Sciences and Humanities, the University keeps pace with the nation's
growth by offering facilities for specialized learning in areas of technical, vocational and
interdisciplinary studies. It is proudly Indian institution; a living symbol of composite culture
of India and a bulwark of its secular principles.

About the Faculty of Law

The Faculty of Law, Aligarh Muslim University has a glorious history. It has shown
remarkable progress and has significantly contributed to the academic as well as social
development. It is one of the oldest Departments in India. The teaching of Law in AMU was
introduced in the year 1883. Sir Syed Ahmad Khan, the Founder was greatly impressed by
the Programme of Legal Education in British Universities and he was very keen to have legal
education on their pattern in AMU also. In 1960, the Department of Law came into being into
a full-fledged Faculty. Credit goes to Late Prof. Hafizul Rehman, the first Dean of the Faculty
to develop a modern curriculum and research programme. In real sense he was the architect
of the present Faculty of Law.

Faculty of Law is considered as the mother Faculty which has produced innumerable legal
icons. Its alumni have distinguished themselves nationally and internationally in various
spheres of life and are spread far and wide around the world. Some of its illustrious products
who rose to senior and eminent positions in judiciary include the Supreme Court Judges such
as Mr. Justice Baharul Islam, Mr. Justice Murtaza Fazle Ali, Mr. Justice R. P. Sethi. Other

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prominent foreign Justices & Chief Justices include Justice Baseer Ahmad Khan (Chief
Justice, Tanzania), Justice Augustine Saedi (Chief Justice of Uganda). Moreover, foreign
Advocates/Attorney Generals include Mr. Ali Ahmad Fuzail (Attorney General of Pakistan &
Advocate General of United Provinces), Mr. Faiyyaz Husain (Advocate General of Pakistan
& Advocate General of United Province), Mr. Qazi Khan Bux (Advocate General, Sindh),
Mr. S. Nasiruddin (Advocate General of West Pakistan) etc. A few other eminent
personalities of this Faculty who have served or are serving in different prestigious capacities
include Prof. Hafizul Rehman, Former Dean and founding father of the Faculty of Law,
AMU, Aligarh, Prof. N.R. Madhava Menon-Former Vice-Chancellor, NLS, Bangalore,
Former Vice-Chancellor, LJ, Kharagpur and Member, Sarkaria Commission on Centre-State
relations, Member of Law Commission, Former Vice-Chancellor, National Judicial
Academy, Bhopal etc., Prof. Tahir Mahmood-former Dean, Faculty of Law, Delhi University,
Former Chairman, National Minorities Commission, Member of Law Commission, New
Delhi, Prof. V.S.Rekhi-Former Dean & Chairman, AMU and Former, Vice-Chancellor, NLU,
Bhopal, Prof. Faizan Mustafa- Vice-Chancellor, NALSAR University, Prof. S.K. Agrawal,
Former Vice-Chancellor, Agra University, Agra etc.

This year it has been ranked at 6th position in terms of academic and research excellence
among the Indian Law Universities. The Department of Law has also signed Memorandum of
Understanding (MoU) with Washington Law School.

Law Society
The Law Society is a group of students actively involved in the affairs of the Faculty. It was
founded in 1894 as a non-profit student organization. It has long traditional character which
always uplifts the students' participation and performance in relation to legal affairs in
different arena.

The Dean, Faculty of Law is the President of the Society. The main task of the Law Society is
to assist students within the Department of Law with all aspects of their study.

Networking with legal professional forms an important part of work in building a presence
for Aligarh Muslim University Law graduates with the legal profession.

The society organizes events, both academic and social like Moot Courts, Debates, Case
Comments, Extramural Lectures etc.

Mohammad Shafi Qureshi former Governor of Uttar Pradesh was the secretary of the society
in the year 1953.

It published a review called AMU Law Society Review a wholly student reviewed journal.

The Law Society for the current session was formed on 24-10-2016 with its Incharge Dr.
Mohd. Tariq, Vice-President Syed Mohd. Haris, Secretary Farhan Shamsi, Editor
Mahboob Alam Inayati, Moot-Court Secretary Piyush Gautam, Joint Secretaries Utkarsh
Srivastav, Urooj Afreen, Faham Ahmed Khan, Sahbaj Akhtar and Joint Editors Salman
Qasmi, Abdullah Samdani.

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1. PARTICIPATION AND ELIGIBILITY

1.1 All students of B.A.LL.B (excluding final year) Faculty of Law, Aligarh Muslim
University, are eligible to participate in this competition.

1.2 A Team shall comprise three members- 2 speakers and 1 researcher. Each team must
specify the two members who would be speaking and a researcher in the registration
form.

1.3 Once registration is completed, no team shall be permitted to change roles amongst
themselves.

1.4 Once registration is completed, a team will not be allowed to vary the composition of the
team in any manner. Changes, if any, may only be made with the express permission of
the Organising Committee (at their discretion), if due reason is shown for the same.

1.5 The Organising Committee reserves the right to debar a team from participating in the
Moot, if due reason exists for the same.

1.6 Students participating in the Intra-Moot Court Competition will be given preference for
the participation in National Moot Court Competitions.

1.7 Participation in Workshop, which will be held on 15th and 16th November 2016 is
mandatory and a Certificate of participation will be provided to the students. The
workshop Certificate must be enclosed with the Registration Form at the time of
Registration.

2. ANONYMITY OF TEAMS

2.1 Teams must not reveal their identity, anywhere in the Memorial or in the course of the
Oral Arguments. Teams must also not make use of or display in any manner whatsoever, any
logo, pin, badge, etc., in the Memorials or during the course of the Oral Arguments. A team
must only be identified by the Team Code that has been allotted to it by the Organising
Committee.

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2.2 Violation of Rule 2.1 at any point during the course of the competition will result in
disqualification.

3. MEMORIALS (SOFT COPY RULES)

3.1 The memorial carries a weightage of 100 marks.

3.2 Each participating team must prepare Memorials from both the sides.

3.3 All Memorials must be in English with equal margins of at least one inch on all sides.

3.4 The text font for the General Section must be Times New Roman, size 12, with single
line spacing.

3.5 The text font for the Substantive Section must be Times New Roman, size 12, with 1.5
line spacing.

3.6 The text font for the footnotes must be in Times New Roman, size 10, with single line
spacing. All footnotes must be cited uniformly and as per the 19th Bluebook Edition of
Citation Format or Indian Law Institute (ILI) Edition of Citation Format, Failure to do
so will result in penalties in memorial score.

3.7 Character spacing must not be condensed in any manner.

3.8 The Memorial must contain only the following sections:

a) Cover Page;
b) Table of Contents;
c) Table of Abbreviations;
d) Index of Authorities;
e) Statement of Jurisdiction;
f) Statement of Facts;
g) Questions (Issues) Presented;
h) Summary of Arguments;
i) Arguments Advanced/Pleadings;
j) Prayer

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3.9 The Cover Page of each memorial must contain the following information:
a) The Team Code in the upper right-hand corner;
b) The name of forum before which the proceedings are being conducted;
c) The year of the competition;
d) The cause title (name of the case, inclusive of case number, name of parties, etc.)

e) The title of the memorial (either “Memorial for Petitioner/Appellant” or

“Memorial for Respondent”).

3.10 The Index of Authorities must list all the authorities cited in the Memorial. The Index
must indicate the page number(s) and/or paragraph number(s) of the Memorial where the
authority is cited.

3.11 The Statement of Facts must contain a concise summary of the facts presented in the
Moot Problem and should not be a mere reproduction of the same. The Statement of Facts
must not exceed a total of 2 pages.

3.12 The Summary of Arguments should contain a concise summary of the substance of the
arguments, and should not be a mere reproduction of the various headings and sub-headings
of arguments. The Summary of Arguments must not exceed a total of 2 pages.

3.13 The Substantive Part i.e., the Arguments Advanced/Pleadings and Prayer, must not
exceed a limit of 12,000 words (inclusive of footnotes).

3.14 The Memorials must be emailed, both in Word Document (.doc/.docx) and PDF Format to
[email protected] by 11:59 pm IST (Indian Standard Time) on 1st December,
2015.

4. MEMORIALS (HARD COPY RULES)

4.1 All teams that have successfully submitted a soft copy of their memorial are to submit 6
printed copies of their memorials by 2nd December, 2016.

4.2 The Cover Page must be printed on Blue Paper for Petitioner/Appellant Memorial, and
Red Paper for Respondent Memorial.

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4.3 The Memorial, other than the cover page, must be printed on both sides of the paper and
no page must be left blank in it. Further, all memos must be spiral bound with plastic
covers.

4.4 The Hard Copy of the Memorial must be an exact replica of the soft copy submitted. Any
variance between the two will entail disqualification.

5. PENALTIES
5.1 Failure to comply with font and spacing rules contained in Rule 3.4, 3.5 and 3.6
will entail deduction of one mark per page with the violation.

5.2 Failure to comply with the Editions of Citation Format contained in Rule
3.6 will entail deduction of one mark per 15 violations.

5.3 Failure to comply with Rule 3.8 and omission to include any part of the memorial,
will entail a deduction of three marks per such violation.

5.4 Failure to comply with Rule 3.9 and omission to include any component of the
Cover Page, will entail a deduction of one mark per such violation.

5.5 Failure to comply with Rule 3.11 will result in deduction of one mark per
page exceeded.

5.6 Failure to comply with Rule 3.12 will result in deduction of one mark per
page exceeded.

5.7 Failure to comply with Rule 3.13 will entail a penalty of one mark per 250
words exceeded.

PLEASE NOTE: The above deduction would apply even if a team exceeds the word limit
by 1 word. For example, if the substantive section contains 12,001 words, a deduction of
one will follow..

5.8 Failure to comply with Rule 4.2 will entail a deduction of three marks per
memorial with violation.

5.9 Failure to comply with Rule 4.3 will entail a deduction of 5 marks per memorial with
violation.

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5.10 Failure in the submission of the Memorial (Soft and Hard copies) will entail a
deduction of 5 marks with the delay of each day.

6. AWARDS

The Following Awards shall be conferred at the Valedictory Session -

1. Winner Team

2. Runner-up Team

3. Best Researcher

4. Best Memorial

5. Best Speaker

7. REGISTRATION

7.1 Last date of Registration for the 2nd Intra-Moot Court Competition is 23-11-2016.

7.2 Last date of Memorial Submission (Petitioner and Defendant both side) for the 2nd Intra-
Moot Court Competition is 02-12-2016.

7.3 Participants must enclose Workshop Certificate with the Registration form.

7.4 The Registration Fees for the 2nd Intra-Moot Court Competition is Rs.150/- for each
team.
For Registration and Submission of Fees -
Submit the Registration Form along with the Copy of Workshop Certificate and
Prescribed Fees in the Office of The Dean, Faculty of Law (Aligarh Muslim University).

*For further queries, Contact Organising Committee -

Piyush Gautam - 08077355704
Farhan Shamsi - 07669031780
Syed Mohd. Haris - 07505220705

** (The memorials of the participating teams shall be evaluated by- A Committee

constituted under the supervision of President and Incharge, Law Society)

*** (The Jurisdiction to resolve any dispute regarding the said Competition shall lie with
the Incharge, Law Society)

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MOOT PROBLEM
1. Justitia is a country, located in the southern part of Asia. The laws of Justitia are in pari materia
with the laws of India. Religion in Justitia is categorized by a diversity of religious beliefs. 79.8% of
the population of Justitia practices Finnicism and 14.2% adheres to Tatarism while the remaining 6%
adheres to other religions. According to a report published by a globally reputed research organization,
Justitia is one of the top five terrorism affected countries of the world. Media reports have alleged and
implicated terrorism in Justitia to be sponsored by a neighbor country, Ujdasthan. The Government of
Justitia has several times released data evidencing the role of Ujdasthan in such terror attacks. The
general election of Justitia was held in 2014 and Janta Sevak Party (“JSP”) recorded a sweeping
victory.

2. Uttam Siksha University (“USU”) is a public central university, located in Faircity, the capital of
Justitia. USU has been established under the Uttam Siksha University Act, 1976 (Annexure-I- enclosed
herewith) and is governed and controlled by Ministry of Education, Central Government, Justitia. The
USU campus is a microcosm of Justitia, drawing students from every nook and corner of the country and
from every group and stratum of society. To maintain equal participation from every stratum of society,
USU conducts annual admission tests at 45 examination centres spread across the length and breadth of
Justitia, and special emphasis is given to draw students from the underprivileged castes and cultural
groups by reserving 20-25 % of seats for them. USU also receives overseas students which constitute
around 10 percent of the annual intake. Students’ hostels and blocks of faculty residences are interspersed
with one another, underlining the vision of a large family.

3. On 10 February, 2016, a poetry reading program titled ‘A Democracy without People’s Voice’ was
proposed to be organized in USU campus by a group of students. The USU administration granted
permission to conduct this program. On 9 February, 2016, the USU authorities on getting the
information that in the guise of cultural functions, some anti-national activities were to take place,
cancelled the permission and the organizing group was informed accordingly. The reason being that, the
posters of the program were against the death sentence, awarded to a mastermind of serial blasts in
Faircity, as per the orders of the Supreme Court of Justitia. Despite of cancellation of permission
granted by the USU authorities, a group of students decided to go ahead with the program. On 10
February, 2016, several students gathered in the auditorium, the scheduled venue for the program.
There were two groups of students present in the auditorium. One group, which comprised of the
members of the organizing group of the program, tried to commence the program, adhering to the
previous schedule, whereas the other group of students was protesting against the said program.
Apprehending breach of peace, the chief security officer, USU and local police were informed. There
were arguments amongst these two groups of students and security officers/local police. Meanwhile, a
group of students raised some slogans like “Ujdasthan Jindabad”. Further, in this process, the students
from both the groups at several times engaged in verbal and physical fights. This situation disturbed
the public order in the USU campus. The situation was brought under control only by midnight.

4. Following this, On 11 February, 2016, a group of students of USU, interacted with media personnel
and recorded the following statement:

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“The poetry reading program was a cultural evening organised to question the working of the Supreme
Court. It was also meant to bring the grievances of the minority religious groups to light. Dissent
should not be suppressed in a democratic republic.”

5. The print and electronic media of Faircity reported this incident extensively. There were certain
news reports indicating the involvement of USU students with a terrorist organization, the same
organization which was allegedly involved in executing several terror attacks in Justitia. Further, a
few media houses aired a video showing Mr. Samar Kumar, the USU student union president, and a
penultimate year student, raising anti-national slogans. A few days later, based on these media reports,
the local police arrested Mr. Samar Kumar, against the charges of sedition. On 17 February, 2016, Mr.
Samar Kumar was released on a conditional bail by the Sessions Court of Faircity based on prima facie
absence of evidence.

6. In the meantime, many of the overseas students of USU requested the USU authorities for issuance
of migration certificates and also marched a protest before the vice-chancellor of USU. The overseas
students were afraid of a communal violence in USU campus and thus, wanted to return to their
native places.

7. On 23 February, 2016, the USU authorities issued a disciplinary regulation titled ‘Maintenance of
Law and Order in USU’ (“Regulation”). The Regulation imposed a ban on organizing any kind of
cultural program which could hurt the national sentiments of the USU campus residents. The
Regulations also prohibited any kind of interaction between a USU student and media persons.

8. There were protests organized against the USU authorities and the said Regulation by several
groups of USU students, which received widespread coverage in both electronic and print media.
Incidents of violence were also reported in some of these protests, and the police had to resort to use of
force, at several places. The USU authorities made repeated appeals to the students to avoid acts of
violence and keep the protests peaceful, but stray incidents of violence continued. In one such incident,
a group of students thrashed a USU security guard mercilessly. The USU authorities constituted an
internal committee to examine this issue and based on the recommendations of the committee,
suspended five students on the ground of breach of law and order in the USU campus. These five
students were ordered to vacate their hostels immediately. One amongst these students was Mr. Samar
Kumar, who was earlier released on a conditional bail. Gradually, the USU student protests started
getting support of students studying in other colleges of Faircity. On 14 March, 2016, a group of
students comprising of USU students and supporter students from other local colleges organized a
rally across Faircity. This rally resulted in suspension of day to day business of Faircity as at some
places, the students adopted violent measures to send a strong message to the USU authorities and the
state government.

9. Subsequently, the state government passed an executive order which was notified on 16 March,
2016, according to which electronic and print media were ordered to not to report any of the protests
which were being conducted by USU students/or are proposed to be conducted by USU students as it
propagated anti-national ideas in the state and could cause a danger to the public order of the state.

10. Mr. Samar Kumar and other students filed writ petitions, before the Supreme Court of Justitia,
challenging the constitutionality of the Regulation, provision of sedition under Indian Penal Code, the

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USU order suspending five students, enforcement of fundamental rights, and other related matters.
The News Broadcasting Association, an association of print and electronic media, also challenged the
restrictions/prohibitions imposed by the executive order of the state government, on the print and
electronic media, in its petition before the Supreme Court. As all the petitions were related, the
Supreme Court directed that all the petitions to be listed for hearing together. The Supreme Court will
now listen to all the arguments including those relating to maintainability of the petitions, along with
the substantive issues involved in the cases.
[Parties are required to frame issues from both sides (including the issue of maintainability of the petitions
and argue accordingly.]
Annexure-I
Relevant extracts from The Uttam Siksha University Act, 1976
Preamble
An Act to establish and incorporate a University in Faircity.
Be it enacted by Parliament in the Twenty Seventh Year of the Republic of Justitia as follows:

Section 1. Short Title and Commencement

1. This Act may be called the Uttam Siksha University Act, 1976.
2. It shall come into force on such date1 as the Central Government may by notification in the Official
Gazette, appoint.
Xx xx xx

Section 3. The University

1. There shall be constituted in the state of Faircity a University by the name of ‘Uttam Siksha
University’ (“University”).

2. The University shall have perpetual succession and a common seal, and shall sue and be sued by the said
name.

Section 4. Objects

The objects of the University shall be to disseminate and advance knowledge, wisdom and
understanding by teaching and research and by the example and influence of its corporate life and in
particular the objects set out in the First Schedule.

Xx xx xx

Section 7. Powers of the University

The University shall have the following powers, namely:

1. to provide for instruction including the method of correspondence courses in such branches of learning as
the University may from time to time determine, and to make provision for research and for the
advancement and dissemination of knowledge;

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2. to establish within the state of Faircity or outside that territory such special centres and specialised
laboratories and such other units for research and instruction as are necessary for the furtherance of its
objects;
3. to organise and to undertake extra-mural teaching and extension services;

4. to hold examinations and grant diplomas or certificates to, and confer degrees and other academic
distinctions on, persons and to withdraw any such diplomas, certificates, degrees or other academic
distinctions for good and sufficient cause to make arrangements for promoting health and general welfare
of students and employees of the University;

5. to regulate and enforce discipline among students and employees of the University and to take such
disciplinary measures in this regard as may be deemed necessary;
6. to determine and provide for examinations for admission into the University;

7. to recognise for any purpose, either in whole or in part, any institution or members or students thereof
on such terms and conditions as may from time to time, be prescribed and to withdraw such recognition;
Xx xx xx
Section 14. Power to Frame Regulations

1. The authorities of the University may make regulations consistent with this Act, the ordinances for the
conduct of their own business and for attainment of the objects provided in the Act.

2. Notwithstanding anything contained herein, no regulation shall be valid unless it complies with the
applicable laws of the state.
First Schedule
The University shall endeavour to promote the principles of national integration, social justice, secularism,
democratic way of life, international understanding and scientific approach to the problems of society.
Towards this end, the University shall: -
2 foster the composite culture of Justitia and establish such departments or institutions as may be
required for the study and development of the languages, arts and culture of Justitia ;

3 take special measures to facilitate students and teachers from all over Justitia to join the
University and participate in its academic programmes;

4 promote in the students and teachers an awareness and understanding of the social needs of the
country and prepare them for fulfilling such needs;

5 make special provision for integrated courses in humanities, science and technology in the
educational programmes of the University;

6 take appropriate measures for promoting interdisciplinary studies in the University;

7 provide facilities for students and teachers from other countries to participate in the academic
programmes and life of the University.
_________________________________ End of the Document_____________________________

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Aligarh Muslim University

(Faculty of Law)

TEAM REGISTRATION FORM FOR 2ND INTRA-FACULTY MOOT COURT COMPETITION, 2016.

SPEAKER 1
Name: __________________________________________________________________________
Date of Birth (dd/mm/yyyy):_____________________________Gender: ______________________
Batch: ________________ Semester: ________________ Contact No: _____________________
Email Address: ____________________________________________________________________
Signature: _____________________

SPEAKER 2:
Name: __________________________________________________________________________
Date of Birth (dd/mm/yyyy):_____________________________Gender: ______________________
Batch: ________________ Semester: ________________ Contact No: _____________________
Email Address: ____________________________________________________________________
Signature: _____________________

RESEARCHER:
Name: __________________________________________________________________________
Date of Birth (dd/mm/yyyy):_____________________________Gender: ______________________
Batch: ________________ Semester: ________________ Contact No: _____________________
Email Address: ____________________________________________________________________
Signature: _____________________

DATE:

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