INTRA MOOT COURT COMPETITION, 2023

The HumaN Collective is a prominent human rights organization in the nation of Cabot
Cove. The organization has been at the forefront of spearheading massive nationwide
campaigns promoting the welfare of their fellow citizens. The organization comes with a
strong reputation of being one of the champions for the cause of prisoner rights and
rehabilitation. During the COVID-19 pandemic, they were at the forefront of ensuring that
the courts in Cabot Cove passed appropriate guidelines in order to mandate prisons across the
country to have adequate safety and security measures, including sufficient medical facilities.

The organization also enjoys a great relationship with the government of Cabot Cove and
have been called upon on multiple occasions to share their recommendations and provide
expertise on matters of grave human rights concerns plaguing Cabot Cove.

On the upcoming 8-year anniversary of the hanging of James Moriarty, a notorious terror
operative who was responsible for the terror attack of 1993 in Sigil which killed 257 and
injured over 700 people, the HumaN Collective decided to introduce a social media campaign
called “Abolish death penalty for terrorists”.

The terrorist attack shook the city of Sigil to its core. The aftermath of attacks was even
worse due to the wide spread riots and communal tensions.

Moriarty was eventually brought to justice and after a long-drawn-out legal battle which
brought forth many of the existing issues in the criminal justice system of Cabot Cove, he
was executed on July 30th 2015. Moriarty’s conviction and death sentence was examined by
eight judges in the Supreme Court of Cabot Cove from time to time before his execution on
the morning of July 30th 2015. Not only was due process fully ensured but also undue
lengthening of due process was accommodated by the highest court, by granting a midnight
hearing. Justice according to the law has not only been done but was seen to be done.

In a series of posts starting from 21 st March 2023 to July 15th 2023, the HumaN Collective
sought to initiate a dialogue on the effectiveness of executing terrorists. These posts covered
multiple aspects of how awarding someone the death penalty for acts of terrorism is
qualitatively different from awarding someone the death penalty for having committed other
crimes.

These posts generated a lot of interest among the citizens of Cabot Cove and debates
surrounding this topic began the swirl social media platforms and mainstream media. There
were critiques and defenders of this movement alike. The HumaN Collective was amazed by
the response of the crowd.

Following the nation-wide interest and reaction from the citizens of Cabot Cove, The HumaN
Collective approached the Supreme Court and filed a PIL urging the top court to critically
examine the idea of abolishing the death penalty for terrorists. They urged the court to
understand the consequences of such an action by the court. They highlighted the fact that
there is increasing support for the view that the death penalty for terrorists may not only be
ineffective but also be counterproductive. It is presented before the court that when terrorists
are awarded the death penalty, they become martyrs influencing many other misguided
youngsters to espouse a similar cause. Many religious fanatics believe in reward in the “after
life” and endless pleasures in heaven. Not awarding them the death penalty would mean
depriving them of the “anticipated rewards in heaven”. Again, imprisonment and
incarceration of a terrorist may result in yields, obtaining information relating to other
terrorist organizations. By citing renowned expert on counterterrorism and lecturer in
Harvard University, Jessica E. Stern who also served in their PIL, they contextualized their
stance.

“…. One can argue about the effectiveness of the death penalty generally. But when it comes
to terrorism, national security concerns should be paramount. The execution of terrorists,
especially minor operatives, has effects that go beyond retribution or justice. The executions
play right into the hands of our adversaries. We turn criminals into martyrs, invite
retaliatory strikes and enhance the public relations and fund-raising strategies of our
enemies…”

They also made a reference to the 262nd Law Commission Report, 2015 on the issue of death
penalty in India where it was highlighted that there was no valid penological justification for
treating death penalty different from other crimes.

The Supreme Court has taken due cognizance of the petition and issued a notice to the
government of Cabot Cove on this matter to file their response.

Issues:

1. Whether the petition is maintainable?

2. Whether awarding death penalty to terrorists is valid?
3. Whether death penalty should be abolished except in terror cases?
 (Participants are free to frame any additional issue.)

Nota Bene:

a) All references, actual, deeming or fictional; are fictional. The legal system and legal
history of India, applies as it is to Government of Cabot Cove, with all its laws
(including subordinate legislation), and judgments. Sigil is Mumbai.

b) Any citations, without actual para/page references, will invite negative marking.
Unnecessary citations and passim references are to be avoided. In case of oral
arguments, primary references for all case-laws being referred is mandatory and no
participant will be allowed to cite a case-law from a secondary source like text-books
or commentaries. Primary reference may be made to select treatises which are treated
as authorities in their own right