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RGNUL INTRA MOOT COURT COMPETITION, FEBRUARY, 2013

MOOT PROBLEM 1. Tyrion Bhushan is an Indian Administrative Services officer of the 1985 batch of the Punjab Cadre. Tyrion was posted as the Principal Secretary, Department of Hostels in Universities (DHU). During this period, there were allegations of large scale corruption in the award of tenders to construct hostels in various universities across Punjab, and it emerged that a single conglomerate, M/s Berry and Purohit had been appointed as the contractor for all toilets across all universities in Punjab. 2. Veena Lannister is the Managing Director of M/s Showerwell, a well-known and reputed manufacturer of Sanitary ware. It was her ambition to have her Company appointed as the sole equipment supplier for hostel toilets across Punjab. However, not possessing the wherewithal (read contacts) to go about obtaining such an appointment, Veena decided to directly have a meeting with Tyrion in this regard. 3. On 02.01.2013, during the course of their meeting, Veena was taken aback by the brazen demands of Tyrion who promised to make M/s Showerwell the lone equipment supplier across not just all hostels in Punjab, but also put in a good word for the Company in the Ministry of Urban Development, to ensure that the Company gets a large number of contracts. In exchange however, Tyrion sought an amount of Rupees Fifty Lakh within a period of two days, Rupees One Crore for the first six months after award of the first contract, and a monthly salary of Rupees Two Lakh, by way of a Demand Draft in the name of his wifes Company M/s Freehold thereafter. 4. Veena sought some time to get back to Tyrion as to the issues raised by him. Distraught at the demands of Tyrion, Veena approached Mr. Vishnu Snow, a class-mate of hers from school, who she thought was a member of the State Police. As it turned out, Vishnu was a senior officer with the CBI in Delhi now. Upon receipt of such information from Veena, Vishnu decided to inquire further into the allegations, and not

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RGNUL INTRA MOOT COURT COMPETITION, FEBRUARY, 2013

register a case (RC) immediately. Vishnu, within a period of three hours of Veenas intimation, after making necessary inquiries and having satisfied himself as to there being some substance in Veenas story, decided to lay a wire tap on Tyrion. 5. Accordingly, Vishnu, after having completed the necessary formalities under the Telegraph Act and rules thereunder, within a period of one day, proceeded to tap Tyrions phone. During the course of the said phone taps on the very next day (i.e. on the day after laying the phone tap), Vishnu had gathered evidence as to requests being made by Tyrion to third parties also for kickbacks. Vishnu thereafter asked Veena to telephone Tyrion and ask him to meet her at 8pm that night at 4S Restaurant in Defence Colony, Patiala, where she would hand over the required package. 6. A trap was accordingly laid at 4S restaurant with marked notes, public witnesses and members of the CBI present at the spot. Veena reached the restaurant at the appointed time, and after sharing a polite drink with Tyrion, proceeded to hand over the bag containing the marked notes to Tyrion. Tyrion immediately refused to accept the package, indicating instead that it be kept under the commode in the toilet of the restaurant. However, Veena panicked, and insisted that Tyrion take the package immediately. She then proceeded to throw the package at Tyrion, and made a signal to the waiting CBI Officers, including Mr. Snow. 7. Tyrion Bhushan was arrested immediately by the CBI officers, and the bag was recovered from him. Mr. Bhushan pleaded a set-up by Veena Lannister, but the same was to no avail, and was remanded to Police custody for a period of 6 days, and to judicial custody for a period of 14 days upon expiry of the said 6 days of Police Custody. 8. Proceedings were initiated against Mr. Bhushan before the Special Judge, CBI, and a Chargesheet was filed within a period of 9 days of his arrest. As per the Chargesheet, the CBI stated that Mr. Bhushan was guilty of offences under Section 13(1)(d) r/w Section 13(2) of the PC Act, 1988. Various documents and evidence relied upon by the Page 2/3

RGNUL INTRA MOOT COURT COMPETITION, FEBRUARY, 2013

prosecution was also filed along with the Chargesheet. It also emerged that the letter authorizing the phone tap had been addressed to Vishnu Snow directly from the Home Ministry. 9. Mr. Bhushan immediately thereafter, through counsel, filed a petition before the High Court of P&H at Chandigarh under Articles 226, 227 of the Constitution of India r/w Section 482 CrPC, seeking quashment of the proceedings pending before the Ld. Spl. Judge, in view of the fact that sanction had not been obtained under Section 6A of the DSPE Act, 1948. The various issues raised before the HC are: A. Whether Section 6A was applicable to Mr. Bhushan including whether Mr. Bhushan, an IAS Officer of the Punjab Cadre, was an employee of the Central Government? B. Whether Mr. Bhushans arrest could be classified as an arrest on the spot? C. Whether the telephone tap on Mr. Bhushan was valid, and whether the same was in violation of his constitutional right to privacy?

Notes: 1. This problem has been drafted by Mr. Adit Subramaniam Pujari, Advocate, High Court of Delhi and Supreme Court of India and former Associate, Amarchand & Mangaldas Suresh A. Shroff & Co., Delhi. 2. Any attempt by any participant to contact the above mentioned for assistance with respect to this problem shall result in their immediate disqualification from the intra moot court competition.

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RULES OF THE INTRA MOOT COURT COMPETITION, FEBRUARY, 2013 1. ELIGIBILITY FOR PARTICIPATION 1.1. Date of Competition 23rd February, 2013 1.2. Last date for registration: the interested teams must submit their registration confirmation on rgnul.mcc@gmail.com by 9th February, 2013. Allotment of the sides will be given only after the team has registered itself. 2. COMPOSITION OF THE TEAM 2.1. Each team shall consist of a minimum number of two (2) speakers and maximum of two (2) speakers and one (1) researcher. 2.2. The teams may alter their speakers and researchers with prior information to the RMCC. 2.3. A team may have more than three (3) members subject to a declaration/undertaking specifying which member(s) of the team are to be dropped if that particular team is allotted a moot which requires lesser number of members in a team than there are members in that team. 3. MEMORIAL SUBMISSION 3.1. Each team shall submit memorial /written submission for one side which would be allotted after the registration. 3.2. Each team shall submit the printed memorials containing the following number of pages per item/head mentioned in brackets: 3.2.1.Cover page(1) 3.2.2.Table of Contents(No limit) 3.2.3.List of Abbreviation(No limit) 3.2.4.Index of Authorities(No limit) 3.2.5.Statement of Jurisdiction(1)

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RULES OF THE INTRA MOOT COURT COMPETITION, FEBRUARY, 2013 3.2.6.Statement of Facts(Not more than 3 pages) 3.2.7.Issues Raised(Not more than 1 page) 3.2.8.Summary of Arguments(Not more than 3 pages) 3.2.9.Body of Arguments(Not more than 18 pages) 3.2.10. Relief/Prayer(1) The above page limits are inclusive of footnotes. 3.3. The memorial shall be printed on both sides of an A4 size white paper with proper page numbering and must adhere to the following specifications: Text Font: Times New Roman/Garamond Font Size: 12 Line Spacing: 1.5 Footnotes Font: Times New Roman/Garamond Font Size: 10 Line Spacing: 1

3.4. The Harvard Blue Book Style of footnoting must be followed as far as practicable, failing which a uniform system of citation must be followed. 3.5. The memorials should contain the Team Code on the Cover Page and should not contain any other kind of identification; if any identification is found then the team shall be disqualified. 3.6. The petitioner memorials must have light blue paper covers while the respondent must have light red. 3.7. Environment friendly practices including the use of environment friendly paper is encouraged. 4. MARKING CRITERIA FOR THE MEMORIALS 4.1. The marking criteria for the memorials shall be as provided herein under:

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RULES OF THE INTRA MOOT COURT COMPETITION, FEBRUARY, 2013

SR.NO 1. 2. 3. 4. 5. 6. 7.

MARKING CRITERIA Evidence of Original Thought Knowledge of Law and Facts Proper and Articulate Analysis Clarity and Organisation Grammar and Style Correct format and citation Extent and Use of Research Total

MARKS ALLOTTED 10 25 20 10 10 10 15 100

5. SUBMISSION GUIDELINES 5.1. Soft copies of the memorials must be sent in either doc, docx (2007), rtf or pdf formats via e-mail to the committee on rgnul.mcc@gmail.com by 12:00 pm on 22nd February, 2013. 5.2. Three hard copies of the memorial must be submitted till 5:00 pm on 22nd February, 2013. There must be no difference between the soft copy and the hard copies i.e., the hard copies must be the exact print out of the soft copy. 6. EXCHANGE OF MEMORIALS 6.1. The exchange of memorials shall be conducted 5:00 pm onwards on 22nd February, 2013 at the venue to be specified later.

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RULES OF THE INTRA MOOT COURT COMPETITION, FEBRUARY, 2013 7. ORAL SUBMISSION AND TIMING SLOT: PARAMETERS 7.1. Each team shall get a total of 30 minutes to present their case. The time shall include rebuttal and sur-rebuttal time. 7.2. The division of time per speaker is left to the discretion of the team subject to a minimum of 10 minutes per speaker. 7.3. Any extension of the prescribed time limit shall be at sole discretion of the judges and no complaints/appeals regarding the same shall be entered. 8. MARKING CRITERIA FOR THE ARGUMENTS 8.1. So as to ensure uniformity in the marking system all the judges will be provided with a marking guideline. 8.2. Each speaker shall be marked out of 100. The team score shall be the total marks awarded to both speakers along with the marks awarded to the Memorials presented by them. The decision of the judges shall be final and binding. 8.3. The following will be the marking criteria and the marks allotted to each speaker: SR.NO 1. Application of law and facts 2. Ingenuity and Ability to answer questions 3. Style, Poise, Courtesy, Demeanour 4. Organisation and Flow of Arguments 5. Reference to Memorials 6. 10 15 15 20 20 MAKING CRITERIA Knowledge of Law MARKS ALLOTTED 20

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RULES OF THE INTRA MOOT COURT COMPETITION, FEBRUARY, 2013 Total 100

9. RULES FOR QUALIFICATION IN INTRA MOOT COURT COMPETITION 9.1. The minimum criteria to qualify for intra moot court competition shall be 50% i.e., 50% marks in memorial and 50% marks in oral rounds including both the speakers. 10. PENALTIES 10.1.Memorial Penalties SUMMARY Tardiness in submitting hard copies - 2 per page Exceeding prescribed page limit - 2 per hour Tardiness in submitting soft copies 11. MISCELLANEOUS 11.1. No members of any team will be permitted to hear, or attempt to hear, the arguments PENALTY - 2 per hour

in any court room if they still have pending rounds, i.e. whilst that team is still in competition (Scouting). 11.2. If any team is apprehended in the act of scouting, it shall result in immediate

disqualification 11.3. Any query regarding moot proposition and registration etc. can be referred clarified at

rgnul.mcc@gmail.com. 11.4. Queries shall be entertained till three days before the deadline for the submission of

soft copies of the memorials; following such date, no queries shall be entertained.

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RULES OF THE INTRA MOOT COURT COMPETITION, FEBRUARY, 2013 12. RULES FOR SELECTION 12.1. Only students who have participated and qualified in the intra moot court competition

shall be allowed to represent the University in Moot Court Competitions. 12.2. Selection and Allotment of moots shall be in accordance with the Moot Court

Allotment Rules, 2012 (available on the intranet). 12.3. A qualified team may only change its team composition with a valid reason to do so.

However under no circumstances can it include a student who has not participated in the latest intra as a member. 13. RULES FOR TEAMS REPRESENTING RGNUL 13.1. Each team who is representing RGNUL for any national or International Moot will

submit soft copies of the memorials from both the sides 4 days before leaving for the competition. 13.2. Each team who is representing the university in national or international moot will

submit the soft copies or hard copies of their respective memorials and compendiums if any, to the moot court committee at rgnul.mcc@gmail.com. 13.3. The request for the said sessions shall be communicated to the Moot Committee and

even if the team arranges the sessions on its own with a particular senior/ teacher, the team must inform the committee about the same. 13.4. Strict disciplinary action, including bans and fines, shall be taken against any student

who participates in any Moot Court Competition without participating in the latest intra.

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