TEAM CODE- TC-13

THE K.K. LUTHRA MEMORIAL MOOT COURT COMPETITION, 2024

BEFORE THE HON’BLE HIGH COURT OF KASHI

IN THE MATTER OF ORDER XXXIX RULES 1 and 2 OF CODE OF CIVIL PROCEDURE, 1908
AND SECTION 104 OF THE PATENTS ACT, 1970.

JEDI. CORPORATION.…………………………………...……………………
PETITIONER

V.

PALPATINE GALATIC EMPIRE……...……………………………...RESPONDENT

NO.1
DR. ANAKIN SKYWALKER…………………………………………...RESPONDENT
NO.2
GOVERNMENT OF TATOOINE……………………………………...RESPONDENT
NO.3

SUBMISSION BEFORE THE HON’BLE CHIEF JUSTICE OF THE HIGH COURT

AND HIS COMPANION JUSTICES OF THE HON’BLE HICH COURT OF KASHI

MEMORIAL ON BEHALF OF THE PETITIONER

MEMORIAL on behalf of PETITIONER [Type here]

TABLE OF CONTENTS
I. LIST OF ABBREVIATIONS..........................................................................................1
II. INDEX OF AUTHORITIES........................................................................................1
III. STATEMENT OF FACTS...........................................................................................1
IV. ISSUES RAISED...........................................................................................................1
V. SUMMARY OF ARGUMENTS..................................................................................1
VI. ARGUMENTS ADVANCED.......................................................................................2
ISSUE 1: IS MR. J.J. CROOK ENTITLED TO DIPLOMATIC IMMUNITY?...........2
ISSUE 2: COULD THE D.I. HAVE CONDUCTED AN INVESTIGATION INTO
THE OFFENSES COMMITTED INSIDE THE PREMISES OF THE FERRWAN
EMBASSY WITHOUT THE PRIOR CONSENT OF THE FERRWAN
AUTHORITIES?..................................................................................................................2
ISSUE 3: WAS THE EVIDENCE COLLECTED BY THE D.I. FROM THE
EMBASSY INCLUDING CCTV FOOTAGE TO BE EXCLUDED FROM
CONSIDERATION BY THE MAGISTRATE, BEING ILLEGALLY OBTAINED?..2
ISSUE 4: WERE THE FURTHER RECOVERIES MADE INCLUDING OF
REMAINS OF MRS. WATS LIABLE TO BE REJECTED AND EXCLUDED
FROM RELIANCE BY POLICE ON ACCOUNT OF OBJECTIONS AS TO
ILLEGAL SEARCH AT THE EMBASSY AND THE ARREST OF MR. J.J.
CROOK?...............................................................................................................................2

VII. PRAYER........................................................................................................................3

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MEMORIAL on behalf of PETITIONER [Type here]

I. LIST OF ABBREVIATIONS

II. INDEX OF AUTHORITIES

[A] Cases
[B] STATUTES
[C] BOOKS AND COMMENTARIES

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MEMORIAL on behalf of PETITIONER [Type here]

[D] MISCELLANEOUS
1. Citation Style
a. Harvard Bluebook (19th edition)
2. Legal Websites and research database.
a. Live law, https://www.livelaw.in/
b. Law Finder Live, https://www.lawfinderlive.com/
c. SCC Online, https://www.scconline.com/
d. Indian Kanoon, https://indiankanoon.org/
e. Case Mine, https://www.casemine.com/
f. Legal Services India, https://www.legalserviceindia.com/

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MEMORIAL on behalf of PETITIONER [Type here]

III. STATEMENT OF FACTS

Date Events
22.12.202 Mrs. Penny Wats scanned the classified information containing King Hassan’s
3 travel itinerary using the Embassy office scanner and emailed it to one of the
extremist and terrorist groups from Libya for the purpose of assassinating him.
23.12.202 Ms. Prich Voshra, an investigative journalist, provided information to
3 Ambassador H.E. Mr. Kamrun Hadwan about a Libyan attack, linking it to Mrs.
Wats.
She was summoned to the embassy, where a confrontation ensued, leading to
self-defense actions by the Ambassador's bodyguard Mr. J. J. Crook.
Ambassador Hadwan subsequently left Kret on a chartered flight from a private
airstrip outside Emerald City.
24.12.202 Mr. Sean Wats reported his wife's disappearance after she failed to return from
3 work at the Ferrwan Embassy. The police recorded an FIR (Crime No. 554/2023)

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MEMORIAL on behalf of PETITIONER [Type here]

and initiated an investigation under Section 265 of the Kretan Penal Code,
assigning Detective Inspector P.V. Bain to the case.
Mrs. Voshra, aware of the complaint, contacted D.I. P.V. Bain.
Despite diplomatic obstacles and illegality, D.I. Bain casually strolled into the
embassy upon hearing what seemed like random electrical noises, perhaps
worrying about a potential fire through the service door entry upon being denied
entry in a legal manner. He obtained CCTV footage illegally and against
embassy protests. Inside, he discovered the Ambassador's bodyguard Mr. J. J.
Crook scared as the police was not allowed to enter the embassy premise without
authorization. Later, he was interrogated, and after using various advanced
techniques, he confessed that some other bodyguard was going to burn
something in the Emerald City Mall Parking Lot.
25.12.202 Following Mr. J. J. Crook's confession, Detective Inspector P.V. Bain and a
3 forensic team visited the specified location in the vast Emerald City Mall's
parking lot, approximately 2 square kilometers in size. They discovered burnt
human remains with only half a skull and some teeth remaining, which were sent
for forensic analysis.
Despite legal objections raised by the lawyer of Mr. Crook, DI P.V. Bain
obtained a 15-day police custody order for Mr. J. J. Crook from the Metropolitan
Magistrate's Court. The magistrate was of the view that offenses under S. 202,
103, and 88 KPC are made out and Mr. Crook continues to be in the custody of
the police.
Mr. Crook subsequently filed a writ petition Criminal No. 4/2024 in the Hon’ble Supreme
Court of Kret seeking his release, challenging the ongoing proceedings and the impugned
order of the magistrate.

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MEMORIAL on behalf of PETITIONER [Type here]

IV. ISSUES RAISED

ISSUE 1

IS MR. J.J. CROOK ENTITLED TO DIPLOMATIC IMMUNITY?

ISSUE 2

COULD THE D.I. HAVE CONDUCTED AN INVESTIGATION INTO THE OFFENSES COMMITTED INSIDE
THE PREMISES OF THE FERRWAN EMBASSY WITHOUT THE PRIOR CONSENT OF THE FERRWAN
AUTHORITIES?

ISSUE 3

WAS THE EVIDENCE COLLECTED BY THE D.I. FROM THE EMBASSY INCLUDING CCTV FOOTAGE TO
BE EXCLUDED FROM CONSIDERATION BY THE MAGISTRATE, BEING ILLEGALLY OBTAINED?

ISSUE 4

WERE THE FURTHER RECOVERIES MADE INCLUDING OF REMAINS OF MRS. WATS LIABLE TO BE
REJECTED AND EXCLUDED FROM RELIANCE BY POLICE ON ACCOUNT OF OBJECTIONS AS TO
ILLEGAL SEARCH AT THE EMBASSY AND THE ARREST OF MR. J.J. CROOK?

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MEMORIAL on behalf of PETITIONER [Type here]

V. SUMMARY OF ARGUMENTS

1. Is Mr. J.J. Crook entitled to diplomatic immunity?

aaaaaaaaaaaa

2. Could the D.I. have conducted an investigation into the offenses committed inside the
premises of the Ferrwan embassy without the prior consent of the Ferrwan
authorities?

dasdadad

3. Was the evidence collected by the D.I. from the embassy including CCTV footage to be
excluded from consideration by the magistrate, being illegally obtained?

adadada

4. Were the further recoveries made including of remains of Mrs. Wats liable to be
rejected and excluded from reliance by police on account of objections as to illegal
search at the embassy and the arrest of Mr. J.J. Crook?

Adad

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MEMORIAL on behalf of PETITIONER [Type here]

VI. ARGUMENTS ADVANCED

ISSUE 1: IS MR. J.J. CROOK ENTITLED TO DIPLOMATIC IMMUNITY?

Petitioner: It is humbly contended before this hon’ble court that Mr. JJ Crook is entitled to
diplomatic immunity……
1. Vienna convention
2. Consular relations

Vo country jinke citizen hai agar kisi aur country ke diplomatic mission ka part to unko bhi
diplomatic immunity milegi

Yes/ even though no diplomatic immunity then too

Head of security Page 22 vv important
Confessional statement credibility???????
Page 16
Maan lo nahi mili-
Respondent: No

ISSUE 2: COULD THE D.I. HAVE CONDUCTED AN INVESTIGATION INTO THE

OFFENSES COMMITTED INSIDE THE PREMISES OF THE FERRWAN

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MEMORIAL on behalf of PETITIONER [Type here]

EMBASSY WITHOUT THE PRIOR CONSENT OF THE FERRWAN

AUTHORITIES?

Respondent: Yes

Functional Necessity Theory

The functional theory is a more practical and expected one in the diplomatic
law. It is based on the thesis that diplomatic agents could successfully or
perfectly perform their function in other countries, only if they are protected
or shielded with the immunity and privileges in the receiving Nation.

The Preamble of The Vienna Convention clearly states that-

“….the purpose of the immunities and privileges is to make it ensure that the
functions of the diplomatic missions are performing efficiently and effectively
in the representing state…”

These lines make it very clear that functional necessity is a fundamental

principle for the Diplomatic immunity and privileges in the Vienna
Convention.

ISSUE 3: WAS THE EVIDENCE COLLECTED BY THE D.I. FROM THE EMBASSY
INCLUDING CCTV FOOTAGE TO BE EXCLUDED FROM CONSIDERATION BY
THE MAGISTRATE, BEING ILLEGALLY OBTAINED?

Petitioner: Yes (US Case law)

Evidence is lex fori
European law, Germany, Czech republic, American law, British law, Indian law
DOCTRINE- Fruits of poisonous tree
FERRWA- African country
Piece of evidence is dubious

Respondent: No (Indian Case law)

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MEMORIAL on behalf of PETITIONER [Type here]

ISSUE 4: WERE THE FURTHER RECOVERIES MADE INCLUDING OF

REMAINS OF MRS. WATS LIABLE TO BE REJECTED AND EXCLUDED FROM
RELIANCE BY POLICE ON ACCOUNT OF OBJECTIONS AS TO ILLEGAL
SEARCH AT THE EMBASSY AND THE ARREST OF MR. J.J. CROOK?

Illegal arrest and search as mentioned in issue 2

Petitioner: Yes
Final contention
Respondent: No

Revoking Immunity Article 32

PERSONA NON GRATA

VII. PRAYER
ADADADAA

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