LAW C E N T R E - II, FA C UL T Y OF LAW

UNIV E RSI T Y OF DELHI

Moot Court Society

Freshers Induction Moot 2023-24

MOOT PROBLEM

To be held on: 21st October 2023

Republic of Bharati is a country which has various cultural and historical glories to its name.
People from various backgrounds lived in harmony and abided by the laws of the land. Majority
of the population worshipped deities personifying women as a symbol of Strength and
Fearlessness. Paschim Pradesh is a State of Republic of Bharati with a good literacy rate and
the people believed in the Equality between Men and Women in all spheres of life.

Ira was a young Advocate who had just passed her college and started practicing. She was very
ambitious about her work and always worked for the poor and needy people free of cost. She
was always the last one to leave her workplace and often took her personal vehicle to travel
home from workplace. One such night, on 01-09-2023 around 9:30 P.M. she was returning
from workplace on her scooty, where she noticed four men desperately asking for help beside
the highway. Out of generosity, she stopped her scooty and two men told her that they are
tourists and one of their friends is laying injured at a distance. While she got down from her
scooty, two of them accompanied her to a distant secluded place.

On her way, she realized that her phone was inside the scooty, so she returned for taking the
same and on return, she found that her two-wheeler tyre was punctured. Ira called her younger
sister Arna at 9.35 p.m. to inform that her scooter had broken down and she was alone on the
road. All of a sudden, the two men, who had asked for help accompanied by two other men
came towards her and started touching her in a wrong way. She got scared and slapped one of
them, to which the men became angry and then dragged the girl to a distant place and raped
her one by one. In the fear of not getting caught, the four men put petroleum on her body and
burnt her alive till she was dead and ran away towards the nearby village.

On 08-09-2023 the partially burnt body was found at an underpass on the Paschim national
highway by a farmer around 6 a.m. He informed the village sarpanch, who alerted the local
police. After confirming that the victim was a female, the local police verified the recent
women missing cases and then, with the help of the handbag and the scarf, the family members
were able to recognise her.

The Police started various investigation procedures and discovered a CCTV footage which was
placed near the highway for traffic control. By looking at the CCTV footage, the Police saw
some faces where the recording timing showed around 10:00 P.M. based on which, they started
searching for the four men who had run towards the village and started the enquiry. On 20-09-
2023, based on its investigation, the Police arrested, Manas, Raju, Naval and Keshav. In the
meantime, as soon as the news became viral, people all over the country started protesting and
the news became trending all over social media and people demanded Justice for Ira. People
from various political background as well as Film Industry and Media houses demanded speedy
Justice and #KillTheRapists became viral all over the Country and the Government took
initiative for a speedy disposal of the case.

On 24-09-2023, the Police presented the four accused in front of the local Magistrate and
requested for a 7 days remand for further investigation. Amidst the remand period, the entire
Country protested with candle light marches and various High-Profile Personalities also got
involved in the protests. On 03-10-2023, the Media flashed the news that the four accused had
been shot dead by the Police while they were being taken to the Court. The Investigation In-
Charge in the Interview stated that Naval and Keshav snatched the revolvers from the
Constables while they were being taken to the Court, jumped out of the Police Van and fired
two rounds in the air. Manas and Raju also followed them and tried to escape. The Police
claimed that they found no other ways and had to shoot down the four accused otherwise the
accused would have fled.

The killing of the accused in the alleged encounter was hailed by a section of people, the
families of the deceased and human rights groups alleged that the police took law into
its hands, terming this as extra-judicial killing. In the police press conference that followed,
questions as to how two of the four accused managed to get hold of the pistols in the
presence of 10 armed police officers went unasked.

The families of the Four Accused also alleged that the police officers have framed the murder
scene as they had threatened them when they went to the police station. The families informed
the reporters that the police officers angrily made the statement to the families that the accused
stand no chance of being saved from death as the entire Nation was against their act.

As soon as the News became viral, the entire Country rejoiced and supported the action of the
Police and the same was called an “Act of Bravery” by various Political Leaders. But an NGO
named as “Nagarik Suraksha” filed a Petition before the Hon’ble High Court of Paschim
Pradesh. The Hon’ble High Court of Paschim Pradesh after hearing all the arguments of the
case held “The Police had no other option but to shoot the four accused failing to which they
would have fled and which would have triggered mass and widespread agitation throughout
the Nation and the Role of the Police would have been in question. Therefore, the Court finds
the Act of the Police as an Act of Bravery and sudden reflex to counter the situation which
arose in front of them.”

Families of the four accused who were gunned down by the police in an alleged
encounter, have approached the Supreme Court, seeking registration of murder case
against the police officers involved. Alleging that the youth were killed in a stage-
managed gunfight, the families filed a writ petition under the provisions of Article 32
of the Constitution that enables individuals to seek redressal for the violation of their
fundamental rights.

The NGO, after the Judgment by the Hon’ble High Court, approached the Hon’ble Supreme
Court on the contention of violation of Human Rights as well as the violation of Fundamental
Rights guaranteed under the Constitution of Republic of Bharati. All the petitions have been
clubbed by the Hon'ble Supreme Court of Republic of Bharati and stands pending before the
Hon’ble Supreme Court of Republic of Bharati.

Note:
1. The laws of the State of Republic of Bharati are in Pari materia with the laws of India.
2. The matter to be heard by the Hon’ble Supreme Court.
3. Students may frame their own issues