NHRC – SLS, NAGPUR NATIONAL MOOT COURT

COMEPTITION – 2024.
23 – 25 February 2024
CLARIFICATIONS

The following list consists of the required clarifications:

1. We seek a clarification regarding the bench that how many judges will be deciding this
matter.
Ans. No clarification required.

2. Whether the wife of Mr. Y in the second petition has petitioned for conjugal visitation
Rights or Cohabitation Rights or both?
Ans. Kindly refer to the moot proposition.

3. Whether the ZPF has petitioned for mandatory HIV/AIDS testing for all the prisoners
in Zendia?
Ans. No clarification required.

4. Whether under paragraph 8 of the moot proposition, the petitioner challenges

the constitutionality of the whole of provision of election law imposing a ban on all
prisoners (under-trials, persons confined in civil prisons, and convicts) or does the
petitioner demands right to vote ONLY for the under-trials.
Ans. Kindly refer to the moot proposition.

5. Whether under paragraph 15 of the moot proposition, the term “separate arrangements”
refers to segregated residence of the prisoners infected with HIV or a special aid.

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Ans. No clarification required.

6. Is there any involvement of NHRC in the respective three petitions.

Ans. No clarification required.

7. Are undertrials and convicts placed in same cell or separate cell is provided.
Ans. No clarification required.

8. After getting informed about 120 HIV+ prisoner, what action did Government take.
Ans. No clarification required.

9. Who conducted the HIV+ test in prison, which revealed that 120 prisoners are HIV+,
It was a Government or private organization.
Ans. No clarification required.

10. “ 13. The leading daily newspaper of Zendia published an article concerning the rising
cases of HIV+ prisoners in Zendia. The report mentioned that in three different
prisons, 120 prisoners were tested HIV+. “ We would be grateful if some light could
be thrown on the source of the report i.e., whether the report has been prepared by the
newspaper or some other authority?
Ans. The stated report is authentic.

11. Can we cite the some relevent reports and data of India as the data of Zendia like that
of NCRB and ECI in the support of our Argument?
Ans. No clarification required.

12. As Para no. 3 mentions that “Zendian constitution establishes a single, unified legal
system” where as Indian is a federal country, so can we not take the references of laws
of various Indian states as prison is a state subject?
Ans. No clarification required. Kindly refer to the moot proposition.

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13. As to para 8, is Mr. X asking for voting rights only for “under trials”? Reasoning: Under
trials are ‘innocent until proven guilty’, so, they either ways have the right to vote. So
is he seeking removal of such mentioned ban to vote for “persons confined in civil
prisons” and “convicts serving their sentence in jails” as well.
Ans. No clarification required.

14. As to para 10, do we have to assume that the trial court has the authority to give the
death penalty to the convict? Reasoning: In general practice usually the higher courts
make decisions of death penalty.
Ans. No clarification required.

15. As to para 11, under which section of any law in Zendia, or under which article of the
Constitution has Ms. Aby approached the Supreme Court? Reasoning: Conjugal rights
are not fundamental, approaching the Supreme Court directly requires invoking a
fundamental right.
Ans. No clarification required.

16. As to para 14, under which article of the Constitution ZPF approached the Supreme
Court? Reasoning: If we consider it as a Public Interest Litigation, there exists no
specific provisions to approach the Supreme Court under any statue ( jurisdiction).
Ans. No clarification required.

17. As to para 15, on what basis are these three petitions mentioned in the moot proposition
merged? Reasoning: The 3 petitions in question neither have similar sets of facts, nor
do they have common legal issues, hence merger is not judicially efficient.
Ans. No clarification required.

18. Who are all the parties to the moot problem? Shall we collectively keep only the Union
of Zendia as the Respondent or do we specifically include other potential respondents

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 such as Union of Samruddha Pradesh, Union of Zikaland, Jail Authorities, Health
Departments of Goverment overlooking prisoners and Election Commision).
Ans. No clarification required.

19. What are all the issues involved in the moot problem, that is to say, what are all the
issues framed by the Supreme Court in the instant matters (the 3 petitions)? Reasoning:
In general practice the court frames the issue and the Petitioners and Respondents
present their arguments for those issues only.
Ans. No clarification required as participants are at liberty to frame issues.

20. Zendia People’s Forum (ZPF) seeks to conduct a HIV test for the Prisoners. So kindly
please provide us the clarification that whether the test shall be conducted by zpf itself
or is it directing the government to conduct the test?
Ans. ZPF is seeking a direction from the Supreme Court of Zendiya against the
government authorities to conduct the HIV test.

21. This is pertaining to the competition that when can the teams expect their team codes
to be out?
Ans. No clarification required.

22. Are the prisons coed?

Ans. No clarification required.

23. Is Zendia People’s Forum an NGO or Private organization?

Ans. Zendia People’s Forum is an NGO.

24. What is the primary reason for the spread of HIV+ prisoners in Zendia’s Jail?
Ans. No clarification required.

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25. Are the petitions filed under only Article 32(Writ Petition) or any other provision of the
law?
Ans. No clarification required.

26. During which months will the elections be held?

Ans. No clarification required.

27. What is the number of judges sitting in the constitutional bench?

Ans. No clarification required.

28. What is the current population growth rate in the country?

Ans. No clarification required.

29. What is the percentage increase in prisoners in Zendia?

Ans. No clarification required.

30. What are the names of the petitioners clubbed with the one in prop?
Ans. No clarification required.

31. Whether the three petitions are filed before the Hon’ble Supreme Court under its writ
jurisdiction?
Ans. No clarification required.

32. The laws of Zikaland and Samrudh Pradesh are pari materia to which States of India?
Ans. No clarification required.

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