GNLC’ SECOND ALL INDIA MOOT COURT COMPETITION, 2022

MOOT PROPOSITION

‘Sangrah’ is a Sovereign, Socialist, Secular, Democratic, Republic Country

which gained its independence on 15/8/1957 from its colonial masters
‘Pravish’. The Constitution of Sangrah is the last word on rule of law and
governance. Sangrah also has distribution of law making powers between
Central and State Government under Constitution of Sangarh. Sangrah share
its national boundaries as follows:

North- West Zakisthan

North- East Aaina
East Samaymar

The North- West and Eastern areas of Sangrah faces trouble of cross border
firing and terrorist activities. The North Eastern part of ‘Sangrah’ is consists
of 9 States which are not well connected with rest of the Sangrah. These
States suffers internal disturbances due to several reasons as a result of
which some States are demanding independent status and separation from
Sangarh.

Keeping in view of terrorist activities, terrorist intrusions, militant hustles

and national security, the Central Government enforced a Law known as
Armed Force (Special Powers and Protection) Act, 1958 [hereinafter referred
as AFSPAPA]. This Act draws its inspiration from a Colonial Law formulated
to suppress the national movements. Until 2015, this law was enforced in 9

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States of East and North- East, by 2018 it was applicable in 7 States of East
and North- East and in 2021 it remained applicable only in 2 North-Eastern
States namely Poorv Pradesh and Eastland. People of Poorv Pradesh and
Eastland were resisting and protesting against AFSPAPA and were
demanding that this act should be repealed in light of it being arbitrary.

There is a forest dominated area in Chagla Village of Suplachandi District of

Eastland which has the population about 250 people. Majority of population
of Chagla Village earn their livelihood by gathering and selling forest
product and cattle fodder. On 3rd January 2022 at 03:00 A.M., an Army
shootout took place in nearby forest, to the East of Chagla Village in which
36 terrorists were killed by Army.

On 15th January 2022, Major Turkesh Dhariyal received information from one
of informer, that some of the terrorists are preparing to attack the military
forward post. According to the information, about 22 terrorists were lurking
in a cottage in West of Chagla Village. They were using cottage as a hideout
from last 10 days. A platoon of the Army Soldiers carried out an operation to
eliminate the terrorists. According to the statement given by Major Turkesh
Dhariyal to media, 19 terrorists [15 men and 04 women] were killed, 5
soldiers were martyred and 3 terrorists were evaded. Major also stated that
search hunt is under progress to capture the three evaded terrorists. The
cottage and 5 meter area from all the boundaries of cottage were sealed.
During investigation and inspection of the cottage following articles were
seized-

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Quantum Article

1. 25 ID cards [which were later found to be fake]

2. 15 A.K. 47 Rifles
3. 05 IED bombs
4. 12 Browning BDA Pistols
5. 05 Hand Rocket launcher RPG
6. 40 Concussion grenade
7. 15 Smoke bombs
8. 20000 Live bullets
9. Maps of East land and Poorv Pradesh
10. Photographs of officers involved in shootout of 05 January 2022

On 20th January 2022, 3 persons namely Mr. Chharko, Mr. Saras, Mrs.
Jhabinaa were found in the sealed premises, digging out something on back
side of cottage. Army personnel arrested them and they were taken into
custody for further investigation. Army claimed that they were the
supporters and related to the terrorists but people of Chagla Village stated
that they were innocent and came over there to collect forest produce. They
also stated that the aforesaid three persons used to visit the place on usual
basis to collect the produce.

On 24th January 2022, dead body of a lady was found by the police while
patrolling. It was later found that dead body was of Jhabinaa who was
arrested and taken into custody for the investigation by the Army personnel

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on 20th January 2022.The body was sent for post mortem and the PM report
disclosed that she was raped and injuries were present on the body and
internal part of vagina, indicating that she was tortured and the cause of
death was strangulation. Media picked up this incident and soon it became a
huge sensation. After this incident, the demand for repealing AFSPAPA
again emerged as a big concern for people.

Saras and Chharko did not return back upto 25th January 2022 and their
family members stated that they both were last seen on 20th January 2022.
Death of Jhabinaa caused concerned in the family members of Saras and
Chharko and they lodged missing person’s report with local police. Police
investigated about both the persons but were not able to find them.

The Armed Force was questioned about the same by the media where Major
Turkesh Dhariyal stated that, “It is our duty to protect the innocent citizens
of the Nation, we’d taken them for investigation under reasonable suspicion
of being involved in terrorist activities because of the reason that they were
found in prohibited area which is sealed by the Army personnel. But when
we checked their identity, we allowed them to leave within few hours. I
regret the fateful death of Jhabinaa and we believe that separatist and
terrorists have caused this death.”

Liberalist group in various parts of Sangarh started trolling Armed Forces on

social media and also questioned validity of AFSPAPA. This incident became
a burning issue on media channels. An NGO named ‘Free East Absolute

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Rights’ [hereinafter referred as FEAR] working for end of AFSPAPA under

the leadership of Savi Cham who got agitated by the incident. Savi is a leader
of East Land who was protesting from 20 years for repealing of AFSPAPA and
she is known for her 16 years long uninterrupted hunger strike for the same
cause. Considering no substantial outcome of this strike she has decided to
enter into politics by forming her own regional party.

‘FEAR’ filed a PIL seeking declaration of AFSPAPA as unconstitutional before

the Apex Court of Sangrah.

(Teams can claim any other relief as per their understanding

regarding the Moot Proposition.)

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IMPORTANT NOTE

1. The Laws of Sangrah are pari -materia to the Laws of India.

2. Armed Force (Special Powers and Protection) Act, 1958 is pari- materia to Armed
Forces (Special Powers) Act, 1958.
3. The Moot Proposition is purely hypothetical and is intended to be used only for
academic purpose of this competition. Any resemblance to any person, place or
incident is merely coincidence.
4. Teams are advised not to impute any contemptuous words which may cause
indignity to any Armed Force of India. In case any such imputation is made
whether in memorial or during oral arguments, the team shall suffer
immediate disqualification from the competition.

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Annexure -1

Mercy International

Report

Published on: 12-05-2020

ABOUT MERCY INTERNATIONAL- It is a global movement of more than

10 million people in over 150 countries and territories who campaign to end
abuses of Human Rights.

BACKGROUND OF REPORT- From year 2015 to 2019 more than 1000

person in total were reported dead by the reason of various activities of
Armed Forces in Sangrah under the exercise of powers conferred by
AFSPAPA.

Year No. of encounter No. of persons died

between Army
and Insurgents
in Sangrah
2015 150 458
2016 100 283
2017 80 156
2018 60 108
2019 160 389
Total 105 1194
The central government constituted committees for inquiry [reports
recorded in Annexure- II].

SUBSTANCE OF REPORT: AFSPAPA is a law providing extraordinary

powers which apparently is not in consonance with liberty, dignity and
human rights of the locals. The repeated deaths and increased incidents of

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encounter and killing by Army suggest that the existence of this Law has
caused irreparable loss to the Human Rights of Citizens.

Annexure -2

WORLD TERRORISM INDEX

Report

Report published: 16/08/2020

ABOUT WTI: A report published by International Institute of statistics and

Harmony, organization whose research is used extensively by governments,
academic institutions, think tanks, non-governmental organisations and by
intergovernmental institutions etc. for analysing country level risk and
fragility, and understanding Positive Peace.

SUBSTANCE OF REPORT- There were 558 terrorist attacks and 277 deaths
from terrorism recorded in Sangrah in 2019. Report indicates that deaths due
to terrorist attacks have increased considerable in one year (compared from
2018). Report also Compared situation in other countries and concluded that
amongst the ten most impacted, Sangrah faces a wider range of terrorist
groups.

In 2020, Global Terrorism Index for Sangrah was 7.35 index out of 10

[Score: 0 - no impact of terrorism, 10 - highest impact of terrorism]

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Annexure -3

Central Ministry of Home Affairs

Report

Report published: 17/12/2021

PART A-

Year No. of encounter No. of No. of No. of Army

between Army Terrorists Civilians personnel
and Terrorists in killed in died in martyr in
Sangrah Sangrah Sangrah Sangrah in
terrorist
attacks
2018 62 138 35 20
2019 112 303 95 67
2020 85 268 51 59

PART- B:

1. In year 2018, 42 allegations were made on Army for killing innocent

persons under the umbrella of AFSPAPA, but under inquiry none was
proved and no coercive actions were taken against any Army officer.
2. In year 2019, 100 allegations were made on Army for killing innocent
persons under the exercise of powers of AFSPAPA. Under inquiry 15 Army
Soldiers were suspended among whom 3 were found guilty.

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