Fist Moot Problem

Kamini Karia (deceased);a lawyer was married to Mr. Nishant

Karia, a leading businessman for the last twelveyears and out of the
wedlockwas born a son, Aryan Karia, tenyears old. She was living
with her husband and son at their marital homesince marriage. They
recently shifted to a new housein Koregaon Park, “HERMES
VILLA” and have been living there a little over a year. She was one
of the youngest to be promoted to partner in one of India‟s
emerging law firms “Hobb& Green -Attorneys”. Everyone loved
Kamini and she was known for her gentle and soft-spoken nature.
Neha Mittal (Accused No. 1), cousin of Kamini was her father‟s
brother‟s daughter. She was married to Pankaj Mittal, an
engineer. Neha and Kamini shared amicable relations between
them as they had both grownup together. Over the years, this
sisterly relationship also manifested itself into a fiduciary one
wherein Kamini lent money to her sister to help in her catering
business, “Herbs & Spices Catering Co.”. On 12/06/2004 as a part
of one such transaction, Neha, while promising to return the sum
within fourmonths, borrowed a sum of Rs. 20,00,000/-(Rupees
Twenty Lakhs)from Kamini to invest in her business

Months passed, but there was no mention of the borrowed sum.

In spite of several reminders and follow-ups, the sum yet remained
unpaid. Everytime there would be a reason as to why it was not
possible for Neha to return the borrowed sum to Kamini. Business
was a little low due to the sudden mushrooming of competition
around and Neha was finding it very difficult to sustain her
cateringbusiness without the influx of additional funds. On
31/01/2005 Neha convinced Kamini, against the wishes of
Nishant, into investing another Rs. 30, 00,000/-(Rupees Thirty
Lakhs) into the business and promised to repay it at the earliest.

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History repeated itself and yet again, Kamini was left disappointed at
the fact that she had not received the money that was owed to her.
There were frequent disagreements and arguments between Nishant
and Kamini and finally it was mutually decided that this would be the
last time they would lend money to Neha. Over a family dinner one
night on 27/3/2005, a final ultimatum was given to Neha to pay
the money due to them by September as they required it for the
purposes of remodeling their house.

Feeling hurt at the insults and the way she was treated, Neha was to
have her revenge. Thus, on 9/9/2005, Neha called up Kaminiand
requested her to visit herat her residence at Citadel Towers,
N.I.B.M Road, Pune at 8 pm that day. Neha mentioned that she was
happy that business had been peaking in recent times. A
meeting was fixed and Kamini immediately called up Nishant
and informed him about this meeting. The conversation went at
length and they concluded by saying that they had been too hard on
Neha during the dinner and that she was a nice person.

One month later, on 10/10/2005Kamini‟s highly decomposed body

was found in the Malshej Ghats whichforms a part of the
Western Ghats located on the Pune Nashikhighway (NH 50).

Going back to 9/9/2005, Kamini wrapped up her office work

and left from her office by 7:15 pm. Citadel towers was
approximately twentyminutes away but with traffic this journey
could stretch upto thirtyminutes on an average. She called up
Nishant and told him that she was on her way to Citadel Towers and
had just crossed Henny‟s Waffle Hut, a famous eatery and landmark
of Wanowrie (Pronounced as „wah-now-ree‟). She expressed her
concern regarding the money and said that she was hoping to receive
at least a part of the lent amount considering that Neha‟s business had
picked up. She further added that she would call him up once
she was leaving from there. This was the last phonecall recorded
by the phone company that was made from Kamini‟s number.

It had been half past midnight and Nishant had begun to grow
worried as Kamini had not yet returned home. It was not like her to
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not inform him in case of a delay. He knew at that instant that
something was not right. He called up Neha to ask about the
whereabouts of Kamini to which Neha replied that Kamini had never
reached her residence at the decided time so she thought that
their meeting had been cancelled. He then called up her parents,
Usha and Vinod Singh and inquired if Kamini had come to their
residence which was at Viman Nagar, Pune. Knowing that no one had
heard from Kamini, her parents were visibly disturbed so the entire
family decided to meet at their residence.

It was concluded that this was unusual behavior and that a

missing person‟s complaint needed to be filed. It was at this
time that the much silent Neha begun convincing everyone against
filing a complaint as Kamini could have been stuck up in some
important work. Not having heard from Kamini even after thirty
sixhours since her disappearance, Nishant along with Usha and Vinod
filed a missing person‟s complaint on 11/09/2005. They also
informed the police that Kamini‟s car, a 2002 model of the Hyundai
i10, silver colour, bearing number MH 12 HZ 30421 which was
driven by her was also missing.

The investigation started on 12/09/2005 with the police

questioning the family members regarding the last known
whereabouts of Kamini. Nishant was considered a suspect but he
was soon ruled out once he established his alibi. He also told
them that the last person to have possibly seen Kamini was
Neha as they had been scheduled to meet that evening. When
the police questioned Neha and Pankajregarding their scheduled
meeting with Kamini, they were very evasive and told the police
that Kamini never visited themthat evening.

On 25/09/2005, the police located Kamini‟s missing car, which

had been left abandoned on the Pune-Nashikhighway. After a
thorough search of the car the police forensic team recovered hair
like fibers stuck to the carpet in the boot of the car. These fibers
were then sent for examination to the laboratory. The investigation
then led to the office of the deceased wherein the Secretary, Priya,
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was questioned on 05/10/2005. She revealed that Kamini had once
told her that if in case there would be a day when she does not return
for a long period of time and no contact couldbe established with
her, then in sucha situation Priya was to take the keys of her
office almirahgiven to her, open it and hand over the contents therein
to Kamini‟s parents. The investigation then led to Kamini‟s parents
who revealed the contents of the file to be a list of all of
Kamini‟simportant documents such as her will, bank deposit
receipts etc. one of such documents consisted of the financial
transactions of Kamini with other people.

On the basis of this document the police established that Neha was the
only person with the strongest motive to eliminate Kamini. When the
police reached Neha‟s apartment on 08/10/2005in order to take
Neha into custody for questioning they discovered that the flat was
locked and Neha and Pankaj were both absconding. The police then
took their domestichelp, Aloknath Kale into custody for questioning.
It was during this interrogation that they found out that Neha and
Pankaj had gone to Mysore on 06/10/2005.Effort was made to reach
them but they constantly remained unavailable.

On 09/10/2005, after several hoursof questioning Aloknath and

pressurizing him, Aloknath confessed to the police that he had
helped Neha and Pankaj strangulate Kamini on 09/09/2005. He
added that while Neha strangulated Kamini, Pankaj and he had pinned
her down and they let go only once she had stopped moving. He then
helped Pankaj wrap up the body in a carpet and load it in Kamini‟s
car. They then
10thRemembering S.P. Sathe Memorial National Moot Court CompetitionPage
5drove towards Malshej Ghats and at particular spot in the
forest they dumped the body. He further added that he was willing
to cooperate completely with the police in return for a lesser sentence.
Aloknath then told the police that he would take them to the exact
spot where the body had been buried.

As per the informationprovided by Aloknath Kale, on

10/10/2005, the police arrivedat the Ghats where the body was
alleged to have been dumped by the accused. The police were
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guided to the exact spot by Aloknath. The forensic team dug up
the area and retrieved the highly decomposed body of a female
in her mid-thirties. There was jewellery worn by her which was sent
for identification. The body was sent to Sassoon Hospital, Pune
for a post mortem which concluded that thedeath was an
unnatural death due to asphyxiation caused by the fracturing of
the hyoid bone. The hair on the decomposedbody was extracted and
was then sent for a DNA analysis. Upon comparison with a sample
take from Kamini‟s hairbrush, it was concluded beyond doubt that
the body was that of Kamini. The level of decomposition
suggested that she been dead for around one month.

Taking into consideration the statement of Aloknath, the forensic

evidence and the circumstances surrounding the disappearance of
Kamini on the night of 09/09/2005 and her subsequent murder, a
First Investigation Report was filedon 10/10/2005againstNeha,
Pankaj and Aloknath formurder of Kamini Karia. A team of
policemen went to Mysore on 13/10/2005 and arrested Neha and
Pankaj and escorted them back to Pune. A charge sheet was
then prepared on 04/11/2005in which each of the accused was
charged under the relevant provisions.
The charge sheet was filed by the police on 07/11/2005 and the trial
was conducted by the Hon‟ble Sessions Court of Pune at Pune.
On the basis of the witness testimonies and the evidence in the
case, the Hon‟ble Sessions Court acquitted Accused No. 1 Neha
Mittal, Accused No. 2 Pankaj Mittal and Accused No. 3
Aloknath Kale. The Judgment was passed on 30/12/2015. All
the three accused named have been set free. Aggrieved by this order,
the State has preferred an appeal before the Hon‟ble Bombay High
Court at Mumbai and the same is pending hearing. Argue the case on
the basis of the given facts either on behalf of the Prosecution

5
Second problem

Krypton, one of the world’s most beautiful and picturesque islands, became
independent on 15th August 1997. The country had witnessed a violent struggle
for independence for over a century, from different European powers that had
colonized different parts of the island. Krypton had a population of 1.1 billion
people, majority of whom belonged to a religious sect called Daxamites.
Daxamites were staunch believers of the occult, worshipped natural forces and
had a strict policy against forcible/induced conversion. The Wegthorians, who
were in the minority, believed in the supremacy of their religious leader Jor El,
who in the 15th century had codified their practices in their holy book- Em
Joritsia.

B. Relations between the aforesaid communities were strained due to the ‘divide
and rule’ policies pursued by the colonial powers and also due to presence of
extremist thinkers in both communities. Krypton had witnessed communal strife
over the years, often leading to heavy casualties on both sides. More
particularly, in December 2023, the Daxamites had demolished the Quim
Joritsia, the mausoleum of Jor El. In the trial that followed, most of the accused
belonging to the Daxamites were acquitted for want of substantial evidence
against them. In 2024 when the religious leader Mai Daxami was assassinated
by her bodyguards, large scale violence erupted in Kryptol, the capital of
Krypton, and more than 6000 Wegthorians were exterminated. In the
investigation that followed, many top level leaders of the Daxamites were
enlisted as accused and a massive trial is still pending.

C. Krypton was largely influenced by the ideals of the Constitution of India,

and therefore enacted the Constitution of Krypton, 2000 which was mutatis
mutandis with the Constitution of India. Krypton also enacted the Krypton
Criminal Major (Application of Indian Laws) Act, 2001 by virtue of which it
adopted the Indian Penal Code, 1860, the Criminal Procedure Code, 1973, the
Indian Evidence Act, 1872 and the Terrorist and Disruptive Activities
(Prevention) Act, 1987 mutatis mutandis.

D. In 2025, concerned with the history of communal violence, the Krypton

Parliament enacted the Prevention of Communal and Targeted Violence Act,
2025. Some of the relevant provisions of the Act are annexed herewith as
Schedule 1.

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E. Gacton was one of the most prosperous provinces of Krypton. For long
Gacton had been under the rule of Daxgress, the political wing of the Daxamites
in Gacton. Daxgress had won the 2022 elections with an overwhelming majority
and, under the stewardship of a dynamic Chief Minister Emmano Fori, attracted
investments from across the globe. Daxgress was ideologically committed to the
conservatives amongst the Daxamites. On 22nd July 2026, Le Daxiem, the
monthly magazine of Daxgress, published an article written by Emmano Fori,
where he called for overall reform on the social and political fronts. Publication
of this article caused uproar amongst the Wegthorians and they publicly burned
copies of the magazine. Violence ensued for two weeks and resulted in the
death of 238 Wegthorians and 121 Daxamites.

F. Under political and public pressure, Emmano Fori was forced to hand over
investigation of the entire incident to the Central Bureau of Investigation (CBI),
constituted under the Krypton Special Police Act, 2010. On 31st October 2026,
a Supplementary Report was filed by CBI before the Special Judge, Gacton
constituted for trying CBI offences, relevant portions of which are as follows: ‚

17. That Emmano Fori knowingly, with an intent to suppress the

religious beliefs of the minority and incite hatred against the Wegthorians,
wrote the following passage in his article published in 22nd July edition of the
Le Daxiem- ‚Essential progress would be achieved only if all citizens of
Krypton take up the Daxamite way of life, believing in nature and the occult.
Since the Constitution prohibits conversion by force or inducement,
Wegthorians must give up all practices of conversion. All citizens must
therefore confirm to Daxamite ideals if they wish to achieve peace and
prosperity. Wegthorians can continue to survive only if they submit themselves
to the collective wisdom of Daxamite thought.

‛ 18. That despite the objection of the Chief Editor of Le Daxiem, Mr.
Chackothian, in the editorial committee meeting held on 20th July, 2026, the
aforesaid passage was published. Mr. Chackothian knew very well that the
passage was going to be published by his subordinates in the editorial staff, and
therefore resigned from the post of Chief Editor on 21st July 2026. Mr.
Chackothian could have prevented the publication of the passage or at the very
least informed the law enforcement authorities about the impending publication,
which he chose not to do. Very clearly, both Mr. Fori and Mr. Chackothian have
committed crimes under the Prevention of Communal Targeted and Violence
Act, 2025.
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 19. Ms. Emma Daxan, owner of the wealthy Emma Life Products
Corporation, has been and continues to fund the publication of all issues of Le
Daxiem. In fact, since 2020, she has been the sole financial contributor towards
its publication. It is common knowledge that her company manufactures only
nature friendly beauty products and follows aggressive marketing strategies
against all other companies using artificial and chemical ingredients. She is also
a member of the Supreme Council of the Daxamites.

28. Mr. Tunjara, Executive Magistrate of Kapra, Gacton is prima facie

guilty of dereliction of duty. Not only did he not prevent mobs of Wegthorians
from publicly burning copies of Le Daxiem but also he failed to prevent
distribution of copies of Le Daxiem. In fact, on 22 July 2026 at about 8 am, Mr.
Tunjara was given a copy of Le Daxiem by member of the Wegthorian
community and was also informed that groups of Daxamites were shouting
slogans and distributing such copies. Mr. Tunjara took no action until 24th July
2026 by when the violence had escalated and claimed many lives.‛

G. The Supplementary Report was taken on record by the Special Judge and he
issued warrants of arrest against Mr. Tunjara, Ms. Emma Daxon, Mr.
Chackothian and Mr. Fori. Consequent to such filing, Mr. Tunjara, Ms. Emma
Daxon, Mr. Chackothian and Mr. Fori preferred Criminal Misc. Petitions No.
41, 42, 43, 44/ 2026 under section 482 of the Code of Criminal Procedure,
2000, seeking to quash the Supplementary Report filed against them on the
ground that no offences were made out and that no sanctions under the relevant
laws were taken for launching investigation and prosecution. They also filed
Writ Petitions No. 1101,1102, 1103 and 1104 /2026 challenging the
constitutional validity of the Prevention of Communal Targeted and Violence
Act, 2025.

H. The writ petitions and criminal miscellaneous petitions have been clubbed
and are listed for hearing on January 20-22.. Petitioners shall argue on both the
writ petitions and criminal miscellaneous petitions for Mr. Tunjara, Ms. Emma
Daxon, Mr. Chackothian and Mr. Fori. Respondents shall argue in all cases for
the Province of Gacton, through the Central Bureau of Investigation

8
Third problem

A young Software Engineer Nalini working with one BPO Company Pune, 28
years old Married woman, in the prime her youth, having bright career lying
ahead. She used to travel to her workplace and back by her company transport
or Public Transport of by an Auto Rickshaw. On the evening of 07/10/2009 i.e.
the day of the incident as she was working till late she missed the company
transport and therefore near Reliance Mall on Nagar road she accepted the offer
of lift by Sachin Mishra – Accused no. 1 in the cab driven by himself and in
which the other two accused viz. Vikram Jadhav Accused no. 2 (Security
Guard) and Aniket Salwi Accused no. 3 were already sitting and present in the
cab.

They promised to take her to her house in Katraj whereupon she placed total
trust in these strangers. However, the brutes took advantage of the fact of her
being the only woman in the cab, they abducted her to satisfy their insatiable
lust. She was stripped naked and kept in that condition for hours committing
gang rape on her repeatedly. They picked up Nalini from Reliance Mall and
subsequently drove her to Hadapsar by Magarpatta and from there onwards to
Manjari Phata and then to Abalwadi. There onwards accused took her to
Shankar Parvati Mangal Karyalaya on Nagar Road where they raped her. In
mean time T. Ramlinga (Approver) joined them and he too raped Nalini. Then
they drove to Dargah at Chandan Nagar where the four and further to Vadu Fata
by Markal Road where they raped her again. Thereafter they drove her to
Zarevedi Fata where the accused Sachin Mishra, Vikram Jadhav, aniket Salwi
brutally killed her by first strangulating her by dupatta and then by crushing her
face and head with heavy stones to camouflage her identity in order to destroy
the evidence.

Trial took place against all these accused in the Trial Court, Pune. Trio accused
in this case held guilty for the Gang Rape and murder and all the three accused
were sentenced to death U/S 376 (A), 397, 302, 404, 120(B) of IPC for this
horrific crime. But T. Ramalinga (Approver) was acquitted. All the three
accused filed an appeal in the Bombay High Court against the decision of the
Trial Court Pune to set aside the conviction and sentence.

9
Fourth problem

A young woman named Seema (22) succumbed to injuries at a private hospital

in Guwahati on 1st June, 2013 due to multiple organ failure as she had
developed severe health issues due to swallowing acid. The incident leading to
the death of Seema occurred at Guwahati Railway station on 1st May, 2013.
The gruesome incident had set the local police on their heels as the man who
threw acid had concealed his face at the time of attack. However, investigation
by police, Guwahati crime branch, led to one Sanjay sharma (26) and his
accomplice Mahesh Yadav (28) who were both neighbours of deceased Seema.

Sanjay allegedly flung acid on Seema at the Guwahati railway Station when she
was getting down from Rajdhani Express from Siliguri. Thereafter, Sanjay
boarded the same train back to his home at siliguri. Accorging to the police,
Seema had secured a nursing job with the Guwahati Medical College and
Hospital (GMCH) in Guwahati. Sanjay Sharma was a hotel management
graduate and despite his best efforts was unemployed. Sanjay’s parents used to
taunt him about his failure to get a job despite completing his education and
always praised Seema because of her education and career. Sanjay used to
confide in Mahesh, who was his childhood friend and used to tell him about
how Seema once rejected his marriage proposal and also how his parents had ill
– treated him for not being able to secure any job. Apart from this, they were in
all praises for Seema as she could fetch a very good job in a government
hospital. Mahesh treated Sanjay as his younger brother and therefore could not
bear the pain of Sanjay and suggested him that he should find Seema alone and
pressurize her not to accept the job offer andto accept his marriage proposal.
He, further, suggested sanjay to threaten Seema with a bottle of acid in order to
pressurize her for the same.

Sanjay wanted to disfigure Seema’s face so as to destroy her career. To teach

her a lesson, Sanjay procured a bottle of acid on 30th April, 2013 as soon as he
came to know that Seema was leaving for Guwahati to join her new nursing job
and he boarded, along with Mahesh, the same train taken by Seemaand her
family members to Guwahati on 1st May, 2013, when Seema was getting down
from Rajdhani Express from Siliguri at the Guwahati railway station, Sanjay in
opening the bottle and Sanjay allegedly threw acid on her face. Subsequently
Mahesh and Sanjay fled easily covering their faces. Seema was taken to the
hospital by her family members.

10
 The doctor immediately conducted the surgeries and opined that the injuries
were grievous. F.I.R. was lodged, statement of Seema was recorded. A case was
registered against both the accused under sections 302, 326 B r/w 34 IPC, 1860.
Mahesh absconded and was declared a proclaimed offender, while Sanjay was
arrested by police from his home at Siliguri and the bottle of acid used in the
crime, was seized from his possession. After investigation, he was put to trial
before the sessions court, at Guwahati where he pleaded not guility and claimed
trial.

As per the charge sheet Sanjay threw concentrated sulfuric acid at Seema as he
envied her career growth. The session court held that Sanjay could not explain
the scars which he had suffered as few drops of acid fell on his hands. The
sessions court convicted Sanjay for the offences punishable under sections 302
and 326 B of IPC 1860 and awarded him life imprisonment for the offences.
Both the sentences were to run concurrently. Sanjay, aggrieved by the aforesaid
judgement, appealed before High Court seeking acquittal from the charges.
Under the circumstance of the case, the sessios court had wrongly held Sanjay
liable under Sec. 326 B IPC, by invoking Sec. 34 IPC, 1860 as no common
intention to commit the offence of acid attack under sec. 326 B could be proved.
Whereas, the state also filed an appeal against the decision of the Sessions
Court, for demanding death penalty as the case is one of the ‘rarest of rare
cases’.

The case is listed for arguments before High Court.

11
Fifth problem

Mr. Ramesh and Mr. Suresh are citizens of India. Both had gone to Ireland to
pursue higher education and subsequently started working in Ireland. They were
already into a relationship and eventually got married according to the Irish
Laws during their stay in Ireland. They were in marital relationship for two
years and were residing in Ireland.

On 15th February, 2018 they shifted to India and both started staying in an
apartment at Bandra, Mumbai. On 10th September, 2018, Mr. Ramesh left the
apartment and went to stay separately without informing Mr. Suresh. Despite
several attempts of contact from Suresh, Mr. Ramesh did not respond. With no
other option left Mr. Suresh tried filing a case but was not allowed to do it.
Aggrieved by this Mr. Suresh approached an NGO named rainbow who works
and fights for the rights to LGBTQI (Lesbian, Gay, Bisexual, Transgender,
Queer, Intersex) section of society in India. Colours filed a writ petition after
consultation with their panel of legal experts who through their research on the
recent landmark Judgement dated 6th September, 2018 on decriminalization of
sec. 377 of Indian Penal Code, where the Supreme Court held that Section 377
violates the right of members of the LGBTQI community to dignity, identity
and privacy, all covered under Article 21 & 19 (1) (a).

Due to plethora of issues related with recognition of same sex marriage like
Domestic Violence, Cruelty, and Maintenance, Raging modesty. Rainbow filed
a writ Petition against Union of India in the Hon. Supreme Court seeking the
recognition & Validity of same sex marriage & gender Equality.

12
 SIXTH MOOT PROBLEM

Jitender Sharma was a young boy of 18 years of age. He fell in love with Poonam
Srivastav who was a girl of 16 years of age. One day they eloped from their respective homes
and finally got married as per Hindu rites and ceremonies. Poonam’s family members were
against this marriage. Even her Grandfather and paternal uncle were not ready to accept this
marriage at any cost. They threatened Poonam of her life and safety.

Thereafter Poonam’s Father lodged First Information Report (FIR) against Jitender at
Gandhi Nagar Police Station, Delhi under Section 363 and Section 376 of Indian Penal Code.

On 05.05.2010, a typed letter signed by Poonam was received at the Gandhi Nagar
Police Station stating that ,she had married Jitender with her own will and requested not to
file any criminal case against Jitender.

Thereafter on 07.05.2010, Jitender and Poonam were apprehended from Bilaspur in

Uttar Pradesh and produced before respective court. Poonam refuse to undergo any medical
examination. She did not state anything against Jitender in her statement before the
Magistrate under Section 164 of Code of Criminal Procedure, 1973.

Thereafter Jitender was sent to Juvenile Home. Subsequently, Poonam gave in writing
that she had left her parents’ home by her own will and went along with Jitender. The court
sent Poonam to Nari Niketan for some time. Then on 17.05.2010, Poonam’s custody was
handed over to her parents. Thereafter, on 15.06.2010, Jitender was released. Subsequently,
he demanded custody of her wife by filing writ petition in Delhi High Court & the following
issues are raised:

1. Whether Jitender is liable for the kidnapping of Poonam from her legal guardian?

2. Whether the marriage is voidable under the Hindu Marriage Act, 1955?

3. Whether Jitender is liable under Section 376 of Indian Penal Code, 1960?

4. Whether Poonam must be sent with Jitender under Guardian and Wards Act, 1890?

13
 SEVENTH MOOT PROBLEM

One state known as Himalaya Puthra was created by parliament of dreamland, as a

part of the Union of Dreamland. It has adopted a constitution identical to the Indian
constitution. The new state has a huge composite population consisting of Hindus, Muslim,
Christians and other followers.

Of late, many disturbances took place on account of conversion of persons from one
religion to another, namely on the grounds that such conversions are caused by force or fraud
or allurement. A demand was made by various groups of the people of the state for enacting a
law prohibiting religious conversions and for preserving freedom of religion of all
communities.

The State legislature enacted a new law called “A freedom of Religion Act 2013”.
The Act was brought into force. The government also framed the rules “Freedom of Religion
Rules 2015”. One Mr. Balwant Patel, a Hindu wanted to convert to Christianity. He
approached the priest for this purpose and the priest converted that person after performing
the necessary religious ceremony, several persons also participated in the ceremony. The
priest has not applied for the permission and the person who converted did not also inform
the authority about his conversion.

A complaint was filed against the priest and persons who participated and person who
was converted. Similarly, a Mohammed Altaf wanted to convert to Hinduism and approached
the Arya Samaj Organization for conversion known as, “Shuddi Karan”. The Arya Samaj
Organization performs the ceremony and converted the Muslim to Hinduism. Here also no
prior permission was obtained, and no intimation of conversion was given by the converted.
A complaint was filed against Arya Samaj Organization and the converted on the ground that
the organization has not applied for the prior permission as provided by the act and the
converted did not intimate the conversion.

All of them were convicted under the act and sentenced with one year imprisonment
and 5000 Rupees fine. They challenged the conviction under the act and challenged the
provisions of the freedom of Religion Act and Rules there under on the ground of violation of
their fundamental rights.

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