MOOT PROBLEM ON CONSTITUTIONAL LAW

State of ITTICA is a democratic nation which has many ethnic and ancient splendours to its
title and was often called as the “State of Values”. Individuals from different upbringings
existed in peace and regulated by the law and order. In state of ITTICA, the mainstream of
the inhabitants prayed goddesses in the image of females as an icon of mercy and boldness.
Pankara is part of State of ITTICA with the maximum number of literates among all other
parts of State of ITTICA and the societies of Pankara promoted Egalitarianism in all the
aspects of life.

Nandana was a medical student who was doing her house surgency. This girl was really
hard working and constantly tried to help the poor and weaker section of the society.
Nandana was the last person to leave the hospital. Cab service was provided by the hospital
for her transportation from hospital to her residence. One such night, on 27-05-2022 around
8:30 P.M. she was travelling from hospital to her residence, Nandana observed that five men
badly requesting for assistance beside the national highway. Considering the situation, she
asked the cab driver to stop the vehicle and two of them said Nandana that they are pilgrims
and one of their friends is seriously wounded on the other side of the road. Nandana got down
from her cab, two of them escorted her to the other side of the road.

On the way, Nandana understood that her mobile was inside the car, so she went back for
getting the same. All of a sudden, the two males, who had requested for her service escorted
by three other persons started disturbing her. She got frightened and tried to hit one of them,
to which other members became annoyed and then pulled the girl to an isolated place and
molested her one by one. After molesting her, they together put kerosene in her body and
burnt her alive

On 28-05-2022 the partly burnt dead body was found near the national highway by a lorry
driver by 7 a.m. Lorry driver informed the local police station. Realising the fact that the dead
body is of a woman the local police verified the recent women missing cases reported and
then, with the proof of the ID card in the bag, her family members identified her.

Local police started investigation. Police arrested the suspected after questioning the cab
driver. Police conducted identification parade also. FIR was registered.

The news of arrest of the suspected became the headline in the newspaper very next day.
Action committee was formed for seeking justice for Nandana. Action committee demanded
speedy Justice for Nandana’s family. News became viral in social media also. Police after
complying with all other procedure formalities produced the accused before the local
Magistrate and requested for a 10 days remand for further investigation. One of the accused
tried to snatch the revolvers from the Constables while they were being taken to prison.
Others jumped out of the Police Van and tried to escape. Police shoot down the four accused.
There was no other ways for the police but to shoot them. Four of them got killed in the
encounter.

One of the accused committed suicide in the jail.

The assassination of the suspects in the so-called encounter was criticized by a group
of society, the family members of the deceased and human rights activists. They alleged
that police exceeded the power and took law into their hands.

In the police press meet that followed, questions as to how one of the five remanded
succeeded to get hold of the pistols in the presence of a group of armed police officers
went unanswered.

An NGO called “Janashaakthi” approached the Hon’ble High Court of Pankara for
challenging the action of police.

The Hon’ble High Court of Pankara after hearing both the parties held that “The Police force
had no other choice but to fire the four remanded failing to which they would have escaped
and which would have generated mass and extensive agitation all over the Nation and the
role of the Police would have been in interrogation. Therefore, the Court finds nothing
wrong in the Act of the Police. Court considers the act police as a Sign of Courage and hasty
reaction to face the state of affairs which arose in front of them.”

Relatives of the accused who were shoot dead by the corps in the alleged encounter,
approached the Supreme Court, for seeking justice for the dead. Relatives of the accused
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.
 “Janashaakthi” after the Judgment by the Hon’ble High Court, approached the Hon’ble
Supreme Court on the ground of violation of Human Rights as well as the violation of
Fundamental Rights guaranteed under the Constitution of
State of ITTICA.

Considering the mass interest the Hon'ble Supreme Court of ITTICA clubbed together all the
petitions. Petition is pending before the Hon’ble Supreme Court of ITTICA

Note:
1. The laws of the State of ITTICA are in pari materia with the laws of India.
2. The matter to be heard by the Hon’ble Supreme Court.
3. Students shall prepare memorials/arguments for both Petitioner and Respondent.
4. Students may frame their own issues.
5.  Arguments shall only be based on facts provided in the moot problem.