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DIRECTOR’S MESSAGE
At Amity Law School, we incessantly sculpt the personality of students through Academic and
Co-curricular activities which inculcate in students the skills and knowledge essential to be an
excellent advocate in the recent dynamic environment. In addition to organising Guest Lectures
by eminent professionals, at ALS, we also organise Competitions and Events like Legal
Conferences, Parliamentary Debates, Moot Court Competitions, Debates, and Quiz
Competitions. I believe that confidence is something one should wear every day. It adorns
one’s personality like nothing else. The Law School endeavours to transform law students into
the "Heirs of Justice" with the help of most competent Faculty and by giving them competitive
environment and inculcating in them moral, ethical, and legal principles to serve the society
with the finest skills acquired. Presently, there are around 500 Law students in Amity Law
School who promise the world a better future and who will definitely be the change in society.
The University is blessed to provide another opportunity to all the students in the form of the
5th Amity National Moot Court Competition, 2022. I feel so proud when I see such young
budding lawyers arguing so gracefully in the Courtrooms. The Moot Court Competition is not
about winning or losing. Moot Court is exceptionally important for any law student as it
provides practical knowledge about various aspects of the legal system. It is an exercise for
law students before they can actually practice in the Courts or in any field of law.
I hereby, welcome all the exceedingly talented teams to our University. Our Moot Court
Society will ensure that the Competition as well as their stay at the University will nurture the
participants in the best possible manner. Each one of us is striving hard to achieve the mission
of our Hon’ble Founder President and Hon’ble Chancellor of making this Institution one of the
most elite Institutions in the world. I also take this opportunity to convey our gratitude to the
Hon’ble Vice Chancellor, Pro-Vice Chancellor, and Dean of Students' Welfare for their
guidance, support, and blessings at each stage of this event. This event, or any event of the Law
School, could not have been successful without their support, as they have stood with our
department in every hour of need.
I wish the event a great success and may the best Team win.
BEST WISHES
The VISION of Amity Law School, Haryana, is to strive to be a leading Institute recognised
internationally and known for its socially relevant legal research and education. In pursuing its
vision, Amity Law School has as its mission, the creation and sustenance of a research based
academic environment which is grounded in values of social justice and excellence. The values
of Amity Law School are fully aligned with those of the University with a view to create a
culture that reflects these values.
The members of Amity University Law Faculty believe that our community of scholars must
base their pursuit of knowledge through research, teaching, and learning with
membership acquired on the basis of intellectual merit, ability, and the potential for
excellence. The different perspectives arising from diverse backgrounds and histories that
define our identities deepen scholarly inquiry and enrich academic debate.
We cherish:
Academic freedom, creative and innovative thought, ethical standards and integrity,
accountability and social justice; our staff and students, who are the faculty’s core asset.
We foster:
An inquiry‐led and evidence‐based approach of creating knowledge; and academic citizenship,
whereby we commit ourselves to harnessing our intellectual abilities in the interest of our
nation and humanity.
We recognise:
In a resource‐constrained world where vast disparities remain, the faculty must endeavour to
produce Graduates who appreciate the importance of community engagement, entrepreneurial
endeavours and innovative actions in generating employment and development in our local
communities.
Our Motto
“To create an army of competent and conscious lawyers
who shall strive towards dispensation of fair justice to
one and all without fear and favour.”
The Moot Court Society of Amity Law School, Haryana works through the combined efforts
of exceptionally competent Faculty as well as the enthusiastic students and organises various
Competitions to brush up the practical knowledge in the field of law in the students. The efforts
of the Society are channelized towards grooming the law students to make them fit for the legal
world. It provides them with the opportunity to get trained at working in teams by giving
different challenges in order to mould their attitude and personalities and prepare them to face
life situations gracefully.
Moot Court Competition is a valuable exercise for the law students to hone both their written
and oral advocacy skills in the competitive field of advocacy. It has been a part of the process
of the training lawyers for decades and plays an important role in legal education at ALS
Haryana and will be organised by “Amity Moot Court Society.”
Every year the Society develops a hypothetical legal problem for the Competition that provides
an opportunity to students to utilise their legal acumen. It also ensures the availability of study
rooms for the students to help them prepare for the Competition. The main aim of the Society
is to ensure a nice and safe stay of all the Teams by looking into all necessary matters like
accommodation, food, transport, security, connectivity etc.
The Organising Committee of the Competition strives to successfully organise the 5th Amity
National Moot Court Competition, 2022 (Virtual) and this event will be another milestone
for the Law School as well as the University.
The 1st Amity National Moot Court Competition, 2016 saw thirty-six participating teams
arguing on Constitutional Law related problem. The Teams from NLIU Bhopal, USLLS Delhi,
Amity Law School Rajasthan and CNLU Patna made up to the Semi-Final Rounds. Finally,
the top two Teams NLIU Bhopal and USLLS Delhi put their best foot forward to claim the
winning trophy and were argued and judged before a dynamic panel of Judges.
The Winners received Rs. 30,000 as cash prize and SCC Online Platinum Web Edition. The
Runner Up Team received Rs. 15,000 and a SCC Online Platinum Web Edition. The Winners
of the Best Memorial, Best Researcher and Best Speaker awards received trophies, and SCC
Online Platinum Web Edition.
Best Researcher Saumya Kapoor (Campus Law Centre, Faculty of Law, DU)
The 2nd Amity National Moot Court Competition, 2017 was yet another milestone in its stride
towards academic and professional excellence of Amity Law School, Gurugram. Following the
active participation of 36 Teams in the last Competition, this year the counting continued for
38 selected Teams battling out in this Competition to discuss and determine the standing of
Constitutional Law related issues.
The Competition was graced by the presence of Hon’ble Mr. Justice G.S. Shinghvi, Former
Judge Supreme Court of India, Shri Ram Jethmalani, Senior Advocate Supreme Court of India,
and Shri Salman Khurshid, Senior Advocate Supreme Court of India.
The Winners received Rs. 30,000 as cash prize and SCC Online Platinum Web Edition. The
Runner up team received Rs. 15,000 and a SCC online Platinum Web Edition. The winners of
the Best Memorial, Best Researcher and Best Speaker awards received trophies, and SCC
Online Platinum Web Edition.
Best Speaker (Male) Mr. Rohan Priyadarshi, Symbiosis Law School, Pune
Best Speaker (Female) Ms. Raina Mahapatra, Symbiosis Law School, Pune
The 3rd Amity National Moot Court Competition, 2018 was another excellent opportunity for
the budding lawyers to get back in form and put their best word forward. The legacy continued
and the 3rd National Moot Court Competition was no less but only better with the active
participation of 33 Teams from all over India. The event aimed at stirring the pot of advocacy
in order to get the participants gulp of the potion and get trained for the world. The Constitution
related Moot problem seemed not to be a shackle for the young and talented participants. The
Teams from ILS Law College, Pune, School of Law Christ University, Bengaluru, Government
Law College, Mumbai and School of Law, Shastra University, Tamil Nadu made up to the
Semi-Final Rounds. Finally, the top teams were Christ University, Bengaluru and ILS Law
College, Pune battled for the winning trophy with their argument and oratory skills and were
judged by a dynamic and elite panel of Judges.
The Inaugural Ceremony was graced by the presence of Shri Ram Jethmalani, Senior Advocate
Supreme Court of India and member of Parliament (Rajya Sabha); Padma Shri Dr. T.K.
Visvanathan; Ms. Ruby Yadav, Mrs. Universe West Asia 2015; Ms. Sushma Sahu, Former
President of Mahila Morcha, Bihar and Ward Councillor, Patna Municipal Corporation. The
guests for the Valedictory Ceremony were Hon’ble Justice Swatanter Kumar, Former
Chairperson NGT; Shri Salman Khurshid, Senior Advocate Supreme Court of India; Mr.
Anand Grover, Senior Advocate, Supreme Court of India; Ms. Geeta Luthra, Senior Advocate,
Supreme Court of India, Dr. Mukulita Vijayawargiya, Eminent Lawyer, Academician and
Administrator.
The bequest continued and the 4th National Moot Court Competition, 2019 was finest in the
history of events held in Amity Law School, Haryana. There was an active participation of 42
teams from all over the country. The Competition aimed at rousing the students and helping
them put their best foot forward. The Moot Problem was related to Constitutional Law and
Criminal Law, which did not tremble the young and talented participants. The Teams who were
a part of Semi-Final Rounds were NALSAR, Hyderabad, Geeta Institute of Law, Panipat, KIIT
University, Bhubaneshwar and UILS, Punjab University. Finally, Geeta Institute of Law,
Panipat and UILS, Punjab University made up to the Final Rounds who fought for the winning
trophy with their arguments and rhetoric skills and were judged by an enthralling and gentry
panel of Judges.
The Inaugural Ceremony was dignified by the presence of Hon’ble Shri Dipak Misra, Former
Chief Justice of India, Hon’ble Shri Justice A.K. Patnaik, Former Judger Supreme Court of
India, Shri Karnal Singh, Former Director, Enforcement Directorate was Guest of Honour at
the Ceremony. The Valedictory Ceremony was graced by the presence of Shri Suresh Chandra,
Information Commissioner Central Information Commission and Former Law Secretary
Government of India and Col. R Balasubramanian (Retd.), Former ASG.
MOOT PROPOSITION
international manufacturers showed their willingness to invest therein. It was the era
when progress of Devbhoomi was on boost.
5. In 2019, Mr Rajendra Singh Ambata, a prominent leader of Kranti Party, was sworn in
as the Chief Minister of Devbhoomi. His conduct and policies are admired widely, and
he is adulated not only by the natives of Devbhoomi but also by the outsiders residing
in Devbhoomi. While Mr Rajendra Singh Ambata became the Member of Legislative
Assembly(MLA) from Kasnal, his elder son, Mr Teja Singh, was elected MLA from
Uchihar, and his younger son, Mr Shakti Singh was elected MLA from Chandan Nagar
constituency.
6. Looking at the triumph of Kranti Party and the rapid rate of development, Devbhoomi
started attracting people of other States to secure jobs in the private sector of this State,
as it offered them better opportunities, income and standard of living. The natives
expressed their resentment over this ongoing practice, as they believed that the outsiders
are depriving them of their benefits in their very own State. The tendency of outsiders
to work in Devbhoomi was an old practice, since the native people of Devbhoomi were
not very skilled and educated. This resulted in the outsiders receiving preference by the
employers in private sector as the jobs in that sector are mostly skill-based. Therefore,
the people from other States have been reaping these benefits since long. This is the
situation of approximately 80 out of 101 constituencies of Devbhoomi. Enraged by this
situation, the natives of Devbhoomi started protesting against it by demanding
reservation for themselves in the private sector jobs in Devbhoomi and urged the
Government to frame laws in this regard, on priority, for upliftment of their status.
7. Alike the industrial growth of Devbhoomi, the issue of reservation was also on rise and
turned into a revolution. After long protest and widespread media coverage, Kranti
Party decided to accommodate the demand of the natives of Devbhoomi and on the first
anniversary of formation of the Government, in a press conference, the Chief Minister
Mr Rajendra Singh Ambata declared that they would soon introduce a bill for the
reservation in private sector jobs for the local residents.
8. On 1st April 2020, Devbhoomi Legislature passed a Bill titled ‘Devbhoomi State
Employment Local Candidates Bill, 2020.’ The highlights of the Bill are as follows:
i. It shall come to force with immediate effect.
ii. The Act shall apply to all Companies, Societies, Trusts, Limited Liability
Partnership (LLP), Partnership Firms and any persons employing 10 or more
persons and entity as may be notified by the Government from time to time.
iii. After the commencement of the Act, every employer shall employ seventy-five
percent of the local candidates on the posts where the gross monthly salary or
wages are not more than fifty thousand rupees or as notified by the Government,
from time to time:
-Provided that the local candidates may be from any District of the State, but
the employer may, at his option, restrict the employment of local candidates
from any district to ten percent of the total number of local candidates;
-Provided further that no local candidate shall be eligible to avail the benefit
under the Act unless he/she registers himself/herself on the designated portal.
9. After the commencement of this Act, while Devbhoomi locals expressed their gratitude
towards the Kranti Party for paying heed to their grievances, but the outsiders, those
who had migrated to Devbhoomi, turned indignant and opposed the Act being violative
of their Fundamental Rights. They organized protests and marches for revocation of the
Act. The grounds of their protests were that, they being the citizens of Indiana, have a
constitutionally guaranteed right of freedom to reside and settle in any part of the
territory of Indiana and, therefore, they should not be deprived of the same by enforcing
such a draconian law. Hot on the heels, even the private employers did not welcome
this Act wholeheartedly and they contended that it is an infringement of their freedom
to practice any profession or to carry out any occupation, trade or business. They further
contended that the Government is imposing a condition precedent on them to recruit
and hire candidates who might not possess requisite skills, resulting as a degrading
factor to the quality of development not only of Devbhoomi but also of entire Indiana.
The industrialists and all private sector employers condemned this move of Devbhoomi
Government.
10. The issue of the Reservation Act disturbed many groups and consequently, an NGO
named ‘Satat Vikas Sangh’(SVS) approached the Honourable Supreme Court of
Indiana through a Writ Petition (W.P. 351 of 2020), inter-alia demanding that the
alleged Act be declared unconstitutional. They contended that, prima facie, the Act is
violative of the Fundamental Right to freedom ‘to practice any profession, or to carry
on any occupation, trade or businesses, provided under Article 19(1)g of the
Constitution and also violates Articles 14, 15, 16(2), 16(3) and 21 of the Indiana
Constitution.
11. The Petitioner further contended that the Act infringes the right of employers to recruit
skilled persons in job which will hamper the performance of their businesses. It stated
that the Act supports concept of ‘sons of the soil’ which is against the spirit of
brotherhood and integrity as enshrined in the Preamble of the Constitution. Also,
Article 14 prohibits the Government to deny equality before the law and equal
protection of laws.
12. After the enactment of the Act, not only Devbhoomi but all the States which were ruled
by Kranti Party got surrounded by controversies. People turned out to streets, and this
invited massive media coverage. Due to increasing hostility between the locals and the
outsiders, clashes were also on rise and there were instances of brawl between the
Kranti Party workers and locals on one side and the outsiders at other.
13. While this was a burning issue in the country, one more incident took place, on 20 May
2020, in the Uchihar constituency of Devbhoomi, which shook the entire country. Two
women Anita and Sangeeta, aged 27 years and 24 years respectively, were brutally
raped and murdered while they were returning from their office in the evening. Due to
this incident, the law-and-order situation in Uchihar got disturbed and the Police is yet
to ascertain the perpetrators of this crime. A notion emerged in Uchihar that the rape
was committed by the locals, as both the victims were originally from other States.
14. Keeping in consideration the disturbed aesthetics of Uchihar and to maintain the image
of his son Mr Teja Singh, the MLA from Uchihar, Mr Rajendra Singh Ambata issued
a Press Release, on 23 May 2020, stating, “The recent series of events are undoubtedly
unfortunate, but the Kranti Party strongly condemns the use of any kind of violence,
and we insist upon maintaining harmony and order. An amicable solution would be
decided in my address to the people of Uchihar at Patel Maidan at 12 Noon on 24 May
2020.”
15. Post this announcement, the outsiders got outrageous and thousands of people blocked
the roads to prevent the Chief Minister from entering Uchihar. Social media got flooded
and news relating to the protests were incessantly broadcasted by leading TV channels
on the night of 23 May 2020. In the morning around 6 :00 AM, on 24 May 2020, Mr
Teja Singh, along with 25 other armed personnel who were there to accompany him,
started their journey to Uchihar from Kasnal, the capital city of Devbhoomi. He moved
with this convoy of 25 persons as after the announcement made by the Chief Minister
to visit Uchihar he had detailed his security guards to stay at home for protection of his
family. The visit by Mr Teja Singh was planned to look after the preparations and to
welcome the Chief Minister in his constituency.
16. Near Negi Gaon, around 7 Kilometres before Patel Maidan, the convoy of Mr Teja
Singh saw that around 300 protestors have blocked the road ahead and are shouting
under provocation. Mr Kalia, one of the childhood friends of Mr Teja Singh, who was
there with him leading his convoy, called him and asked, “how to deal with this
disorderly conduct of protestors, as it looks like the protestors are turning violent and
they might harm us.”
17. Mr S.P. Pandey (D.S.P., Uchihar) stopped the convoy of Mr Teja Singh and insisted
upon returning, as the situation posed an imminent danger to Mr Teja Singh and his
associates. Instead of acceding to this request, Mr Teja Singh said that it is his own
constituency and since the Chief Minister is arriving, it is his paramount responsibility
to ensure that everything happens in a peaceful manner, as scheduled. Mr Teja Singh
asked the D.S.P. to remove the barricading so that he may proceed towards Patel
Maidan, but the latter refused to comply with this request due to security reasons. After
this conversation and repeated requests made by the D.S.P, Mr Teja Singh directed Mr
Kalia and four others to remove the barricades and asked the convoy to proceed and not
to stop under any circumstances.
18. While seeing the convoy of Mr Teja Singh approaching, the protestors started shouting
and raising their ‘lathis’ and asserted, “Today we will give a life lesson to Teja for what
he and his father have done to us.” Around 200 people started running towards Mr
Teja’s convoy, surrounded it and started shouting incessantly that the convoy will not
be allowed to go further. Mr Kalia’s vehicle was leading the convoy and during a heated
argument between associates of Mr Teja and protestors, one unidentified person threw
a handmade petrol bomb on Kalia’s vehicle, and the vehicle caught fire. Mr Kalia and
5 others who were there in the vehicle came out. Mr Kalia and his brother Mr Ranga
took out their licensed pistols and warned the protestors to step back, otherwise their
one negligent act could cost the lives of hundreds. Listening to this, the protestors got
outraged and surrounded every nook and corner of the convoy.
19. On the perception of immediate threat, Mr Teja rang up to his associates to start the
vehicle immediately and rush towards Patel Maidan. He further directed his associates
not to stop whatever and whoever comes in between. Mr Kalia and his associates,
whose vehicles were put to fire by the mob, got into other vehicles of convoy and
proceeded towards Patel Maidan. Noticing this, the protestors started hitting the vehicle
with Lathis and began pelting stones on Mr Teja and Mr Kalia’s vehicles. Thereupon,
Mr Teja directed his driver Mr Vibhuti Singh to accelerate the vehicle at maximum
speed and not to stop even if stones were pelted on them.
20. In this clash, various protestors were severely injured. Three protestors namely, Mr
Vinay, Mr Ajay and Mr Mahesh came in front of Mr Teja’s vehicle in the expectation
that they will stop the cars, but that did not happen and Mr Teja’s car ran over these
three men who died on the spot having suffered grave injuries. After hitting these three
men, Mr Vibhuti lost control of the vehicle and the car crashed on road divider, and
stopped. Mr Teja, Mr Vibhuti and three others stepped out of the car with licensed arms.
After seeing Mr Teja standing on the road, the protestors came running towards him
with their lathis and iron rods. Seeing this, Mr Teja and his associates apprehending
that they might get in the clutches of the protestors, opened fire and escaped.
21. After this incident, the protestors found a man lying on the road wounded by a gunshot.
He was identified, as Mr Prashant Tamde, news reporter of ABC News. By the time,
the protestors arranged medical help for him and called the ambulance, Mr Prashant
died on the spot due to excessive bleeding.
22. This incident gave rise to a lot of hue and cry in entire Devbhoomi. Multiple FIRs were
filed against Mr Teja Singh and his associates. The incident was widely covered by
several media houses and CBI inquiry was demanded to get justice. Subsequently, on
30 May 2020, the Government of Indiana ordered CBI inquiry. The investigators
recovered various lathis, daratis and iron rods from the place of incident. They further
recovered bullet shells of pistols and rifles and sent them for forensic examination.
23. Meanwhile, CBI arrested Mr Teja, Mr Kalia, Mr Vibhuti, Mr Ranga and 7 others and
charged them under Sections 147, 148, 149, 302, 307, 326, 120-B and 34 of the Indiana
Penal Code, 1860. The matter was then tried by the CBI Court and it found all the
accused Guilty of the above-mentioned charges including murder of 3 protestors and
Mr Prashant Tamde. All accused persons were awarded the punishment of
imprisonment of life. Aggrieved by this, the accused appealed against this judgement
before the High Court of Devbhoomi. The High Court reversed the Judgment
pronounced by the CBI Court and acquitted all the accused persons on the ground that
the Prosecution failed to establish its case beyond all reasonable doubts.
24. Dissatisfied with the decision of the High Court of Devbhoomi, the Respondents
appealed to the Supreme Court of Indiana, in January 2022, and the Hon’ble Court has
admitted the Appeal. (Cr. App. No.5 of 2022).
25. Also, the Hon’ble Supreme Court of Indiana being satisfied that the Writ Petition filed
by the Satat Vikas Sangh (WP 351 of 2020) involves substantial question of law of
general importance, listed it for final hearing in the month of May 2022. Realizing that
the incident of Uchihar is the outcome of the Act passed by the Legislature of
Devbhoomi and both, the Cr. App. 5 of 2022 and W.P.no. 351 of 2020 are interrelated,
the Chief Justice of Indiana clubbed them and placed them before the appropriate Bench
for final hearing in May 2022.
26. The Supreme Court of Indiana framed following issues:
(i) Whether the State Legislature of Devbhoomi has any specific power to make
laws/policies for domicile-based reservation and if yes, then to what extent?
(ii) Whether the State Government has the power to direct the employers of private
sector to reserve jobs for local candidates?
(iii) Whether the Devbhoomi State Employment of Local Candidates Act, 2020 is
constitutional?
(iv) Whether the accused are Guilty of the offence u/s 147, 148, 149, 302, 307, 326,
120-B and 34 of the Indiana Penal Code, 1860 and the High Court of
Devbhoomi has erred in acquitting them?
NOTE:
➢ The laws of Indiana are in pari materia with the laws of Union of India.
➢ Participants are at liberty to take additional arguments/ grounds in support of the
issues raised herein.
➢ The events and characters depicted in the Moot Proposition are purely a work of
fiction and hypothetical in nature. Any similarity to actual persons, living or dead
is purely coincidental.
➢ This Moot Proposition is purely intended for 5th ANMCC 2022 and educational
purposes amongst legal fraternity.
➢ The Proposition must be read with foregoing Annexures.
Annexure 1
EXTRAORDINARY
Published by Authority
© Govt. of Devbhoomi
LEGISLATIVE SUPPLEMENT
CONTENTS
PART-A ACTS
THE DEVBHOOMI STATE EMPLOYMENT OF LOCAL CANDIDATES ACT,
2020 (DEVBHOOMI ACT NO. 3 OF 2020).
PART-B ORDINANCES
NIL
PART-C DELEGATED LEGISLATION
NIL
PART-D CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS
NIL
PART A
DEVBHOOMI GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
1st April 2020
No. Leg. 3/2020— The following Act of the Legislature of the State of Devbhoomi received
the assent of the Governor of Devbhoomi on the 1st April 2020 and is hereby published for
general information: -
Be it enacted by the Legislature of the State of Devbhoomi in the Seventieth Year of the
Republic of Indiana as follows: -
2. Definitions.
In this Act, unless the context otherwise requires, -
a) “Appellate Authority” means an officer of the government not below the rank or
equivalence of the labour commissioner, as may be designated by notification in
Official Gazette, by the government for the purpose of Section 9.
b) “Authorised Officer” means an officer of the Government not below the rank or
equivalence of the Sub-Divisional Officer (Civil) or any other officer as may be
designated as such by notification in Official Gazette, by the Government for the
purpose of Section 7;
c) “Designated Officer” means, an officer of Government not below the rank or
equivalence of the Deputy Commissioner as may be designated by notification in
Official Gazette, by the Government for the purpose of Section 5;
d) “Designated Portal” means a portal specifically designed and designated for the purpose
of registration of local candidates and employees under Sections 3 and 4;
e) “Employer” means a Company registered under the Companies Act, 2013 (Central Act
18 of 2013) or a Society registered under the Devbhoomi Registration and Regulation
of Societies Act, 2012 (1 of 2012) or a Limited Liability Partnership Firm as defined
under the Limited Liability Partnership Act, 2008 (Central Act 6 of 2009) or a Trust as
defined under the Indiana Trust Act, 1882 (Central Act 2 of 1882) or a Partnership Firm
as defined under Indiana Partnership Act, 1932 (Central Act 9 of 1932) or any person
employing ten or more persons on salary, wages or other remuneration for the purpose
of manufacturing or providing any service or such entity, as may be notified by the
Government from time to time, but shall not include the Central Government or the
State Government or any organisation owned by the Central Government or the State
Government;
f) “Government” means the Government of the State of Devbhoomi in the administrative
department;
g) “Local Candidate” means a candidate who is domiciled in the State of Devbhoomi;
h) “State” means the State of Devbhoomi.
3. Compulsory registration.
On and from the date of commencement of this Act, every employer shall, register such
employees receiving gross monthly salary or wages not more than fifty thousand rupees or
as notified by the Government, from time to time, on the designated portal, within three
months of coming into force of this Act:
Provided that no person shall be employed or engaged by any employer till the registration
of all such employees is completed on the designated portal.
Explanation. — For the purpose of Section 3 and Section 4 of this Act, process for
registration on designated portal shall be prescribed under the rules notified by the
Government, from time to time.
Provided that the local candidates may be from any district of the State, but the employer
may, at his option, restrict the employment of local candidates from any district to ten
percent of the total number of local candidates:
Provided further that no local candidate shall be eligible to avail the benefits under this Act
unless he registers himself on the designated portal.
5. Exemption.
1) The employer may claim exemption from the requirement of Section 4, where adequate
number of local candidates of the desired skill, qualification or proficiency are not
available by applying to the Designated Officer in such form and manner, as may be
prescribed.
2) The Designated Officer shall, after such inquiry, as he deems fit and after evaluating
the attempt made by the employer to recruit local candidates of the desired skill,
qualification or proficiency, may either-
a) accept the claim of the employer for exemption from the provisions of Section
4; or
b) reject the claim of the employer for exemption for reasons to be recorded in
writing; or
c) direct the employer to train local candidates to achieve the desired skill,
qualification or proficiency.
3) Every order made by the Designated Officer under sub-Section (2), shall be placed on
the website of the Government.
a) for the purpose of performing any of the functions entrusted to him under this
Act;
b) for the purpose of determining whether and if so in what manner, any such
functions are to be performed or whether any provisions of this Act or the rules
made thereunder are being or have been complied with;
c) for the purpose of examining any record, register, document when he has reason
to believe that an offence under this Act or the rules made thereunder has been
or is being committed.
2) Every employer shall render all assistance to the Authorised Officer under sub-Section
(1) and in case he fails to do so without any reasonable cause, he shall be guilty of an
offence under this Act.
3) If any person willfully delays or obstructs the Authorised Officer under sub-Section (1)
in the performance of his functions, he shall be guilty of an offence under this Act.
Provided that no entry shall be made except between the hours of 6:00 and 18:00 and
notice of the intention to enter is given at least one day prior to the date on which the
entry is proposed to be made.
9. Appeal.
i. Any employer aggrieved by an order passed by the Designated Officer under
Section 5 or the Authorised Officer under Section 7, may within sixty days, prefer
an appeal to such Appellate Authority, in such form and in such manner, as may be
prescribed.
ii. Every appeal preferred under sub-Section (1) shall be accompanied by such fees,
as may be prescribed.
iii. After the receipt of appeal under sub-Section (1), the Appellate Authority shall,
after giving the appellant an opportunity of being heard, dispose of the appeal as
expeditiously as possible.
iv. The Appellate Authority may rescind, confirm or modify such order.
v. The Appellate Authority shall follow such procedure, as may be prescribed.
be less than twenty-five thousand rupees but which may extend to one lakh rupees and if
the contravention is still continued after conviction, with a further penalty which may
extend to five hundred rupees for each day till the time contravention is so continued.
Shiv Kapoor,
Administrative Secretary to Government, Devbhoomi,
Law and Legislative Department.
9092—L.R.—n
H.G.P., Pkl.
Annexure 2
Part A
FIRST INFORMATION REPORT
(No. 0127 u/s 154 Cr.P.C.)
2. Act (s): IPC,1860 Section (s): 147, 148, 149, 302, 120B and 34
3. Occurrence of Offence:
5. Place of Occurrence:
a) Direction and Distance from P.S.: 10 kms North
b) Beat No.: 2
c) Address: Near Negi Gaon, 7 kilometers from Patel Maidan, Uchihar
d) In case outside limit of this P.S., then the name of P.S.: NIL
e) District: Uchihar
6. Complainant /Informant
a) Name: Ms. Urmila Tamde
b) Father’s/Husband’s Name: Mr. Shiv Prakash Tamde
c) Date/ Year of birth: 01/07/1960
d) Nationality: Indian
e) Passport no.: NIL
f) Occupation: Housewife
g) Address: House no. B-6, Shilpi Upwan, Uchihar, Devbhoomi
b) Mr. Kalia – aged 33 years, s/o Mr. Malia, resident – House no. 8, Van vihar,
Uchihar, Devbhoomi.
c) Mr. Vibhuti Singh – aged 40 years, s/o Mr. Khatri Singh, resident – 10/550
Chetna Path, Sarovar, Uchihar, Devbhoomi
d) Mr. Ranga –30 years, s/o Mr. Malia, resident- House no. 8, Van vihar, Uchihar,
Devbhoomi.
Date- 24/05/2020
At around 1:00 in the afternoon, I received a phone call from Vijendra, who works as
a cameraman with my son at ABC News. He sounded extremely worried and was
puffing. He informed me that near Negi Gaon, the convoy of Teja Singh, which was on
its way to Patel Maidan, was surrounded by many protestors and there were violent
demonstrations by them. The situation got out of control of the police, and the crowd
became aggressive and started attacking the convoy. He further informed me that
Prashant was standing among the protestors and was reporting the whole incident.
Subsequently, Vibhuti, the driver of Teja Singh, drove the car towards the protestors at
high speed, leading to the deaths of 3 protestors right there at that moment, which
further led to the car getting dashed into the divider. Teja Singh, Vibhuti Singh, and 3
others came out of the car and started firing in order to get into other cars and keep the
crowd away from them. After they left, we found Prashant wounded by a gunshot. By
the time we could manage to arrange an ambulance, he was dead.
I want the suspects to be punished appropriately and let justice be done for my son.
Action taken since the above report reveals the commission of the offence u/s as
mentioned in item no. 2-
R.O.A.C.
Rank: Inspector
No.: DI-8324
Part B
FIRST INFORMATION REPORT
6. Complainant /Informant
Date- 24/05/2020
I am Rampal Yadav, a resident of Negi Goan, Uchihar, Devbhoomi. This morning, at 6:00
AM, I, along with 300 protestors against the new employment Act passed by the Ambata
Government, gathered near Negi Gaon, 7 kilometres before the Patel Maidan, where the
Chief Minister was going to address the crowd, to protest against the same.
At around 9:30 AM, Teja Singh was interrupted on his way to Patel Maidan by the
protesters who gathered around his convoy, and certain demonstrations began to show our
resentment. The situation worsened as Kalia and his brother, Ranga, took out their pistols
and warned us, which provoked the crowd. After some time, the driver of Teja Singh’s car,
Vibhuti Singh, started driving the car towards us at a high speed, leading to the deaths of
Vinay, Ajay, and Mahesh, who were my colleagues at Shankar Pvt. Ltd., as they were trying
to stop the car. The driver of the car lost control of the vehicle and dashed the car into the
divider. Teja Singh, Vibhuti Singh, and 3 others came out of the car and started firing in
order to get into other cars. They kept on firing, which led to the death of one journalist and
severe injuries to many of the other protestors.
I want the suspects to be punished appropriately and let justice be done to my fellow
brothers.
13. Action taken: since the above report reveals commission of offence u/s as mentioned at
item no. 2-
FIR read over to the complainant/informant, admitted to be correctly recorded and a copy
given to the complainants/informant, free of cost.
R.O.A.C.
Rank: Inspector
No.: DI-8324
Annexure 3
Crime Scene Investigation- The Investigation of the Crime Scene was conducted on
31/05/2020. As the incident happened on May 24th, 2020, the dead bodies and ceased material
had already been submitted by the investigating officer of the State police. The crime scene
was further investigated by the CBI team and nothing new was found except the burnt car of
one of the accused, Kalia.
Blood Samples- Blood which was recovered from the crime scene had already been sent for
forensic testing and had duly testified.
1. Five Lathis- One Lathi stained in blood, recovered near the dead body of Prashant
Tamde.
2. Three Daratis
3. Four Iron rods- Two Iron rods stained in blood, recovered from the crime scene,
4. Nine Bullet Shells
All these items were handed over to CBI after being testified to by the Forensic Laboratory.
Investigation of the Car- The burnt car recovered from the crime scene belongs to the convoy
of Teja Singh, and in its examination, nothing relevant was found.
Arrest made of the Accused- After the investigation, arrests were made of all the accused
named Teja Singh, Kalia, Vibhuti Singh, Ranga, and 7 others, including Mohan, Jaikishan,
Rajesh, Musa, Chandan, Sonu, and Kundan, from their respective houses.
1. Teja Singh said that everything that happened on that day was accidental and that there
was a threat to my life as the protestors were outraged. Everything I did was to save
myself. The protestors were not entertaining my requests for a peaceful resolution of
the matter.
2. Kalia said that the protestors burned his car, and he and his associates showed the guns
only as a means to escape from the situation and get into other cars. We had no intention
of harming anyone.
3. The rest of the accused opted to remain silent.
Interrogation of the Witnesses- All the five witnesses were interrogated, and they mentioned
that the situation was very grave and the killing of people was not at all perceived. But this
happening outraged the protestors more severely.
Annexure 4
3. Case Pertaining to: FIR 0126 & 0127 of 2020, Uchihar Police Station, Devbhoomi
5. Written Title for the Case: Murder of Prashant Tamde, Vinay, Ajay and Mahesh
6. Examinations Requested:
a. Examination of Lathis.
b. Examination of Daratis.
a. Five Lathis.
b. Three Daratis.
Evidence received on 25/05/2020 personally by Dr. Ayush Tripathi, Chief Examiner, Manglam
Forensic Science Laboratory, Uchihar.
9. Examinations performed:
a. Examination of Lathis:
The Lathis which had blood stains were recovered and examined. The examination reveals that
the blood stains found on the one Lathi matches with the blood sample of deceased Prashant
Tamde while the other two remains unidentified.
b. Examination of Daratis:
Two Daratis recovered were sharp and sufficient in nature to cut a soft object like skin.
The third Darati which was recovered was very blunt in nature.
The Iron rods recovered were about 3-5 kg in weight which is sufficient enough to cause
grevious hurt to a person. Two Iron rods which were recovered had blood stains upon them
whose samples remain unidentified.
1.One 0.22LR.
2.Three 10mm size bullets.
3.Two 9mm bullets.
4.Three 10.9mm bullets.
Annexure 5
The witnesses have been examined, cross-examined, and re-examined, and the following
statements have been put on record by the court.
Persons examined:
2. Mr. Kartikeya
I am a friend of the deceased Mahesh and Ajay. I definitely believe that Teja Singh, Kalia, and
Vibhuti Singh, who are also the accused in this case, killed my friends. From the time of their
arrival, they seemed to be well prepared, as they were well armed to create such a situation of
violence. They just created the violent circumstances of the protest as a means of creating fear
among the masses to suppress the protest.
2. Mr. Kartikeya
I was also a member of the protest. I saw that someone from the crowd threw a homemade
petrol bomb on Kalia’s car, which caused his car to catch fire, which escalated the situation.
After that, Kalia and five others stepped out of their car and warned the crowd to step back, but
due to the actions of Kalia and his associates, the protestors tried to get hold of him as he and
his associates were showing arms to them. After that, Kalia and others somehow managed to
escape.
When I was walking on the road near Negi Gaon at around 10:00 a.m. on 24/05/2020, I saw
that Teja’s car’s driver, Vibhuti Singh, who is also accused in the case, lost control of the car
and crashed into the divider of the road. After that, Teja, with four others, stepped out of the
car. The crowd, after seeing Teja on the road, tried to approach him, and upon this, Teja started
open firing.
I was also a member of the protest. During the protest, when the protestors surrounded Teja
and his convoy, Teja’s car driver, Vibhuti, suddenly accelerated the car. The protestors tried to
stop the car, but it didn’t happen and the car ran over the protestors, leading to the deaths of
three protestors and others getting severely injured. After watching such a brutal killing, I ran
away from the protest.
In the beginning, police tried to stop Teja and his convoy by putting up barricades. However,
after a brief argument between the officer and Teja, Kalia stepped out of the car, removed the
barricades, and proceeded with their convoy towards the protestors.Seeing the convoy, the
protestors started shouting the slogan against Teja, and then the violence between both sides
began.
Annexure 6
Part A
2. Scar on forehead.
Brought by: Inspector Himmat Singh, Uchihar Police Station, Devbhoomi, Indiana.
External Examination:
The autopsy began at 9:00 A.M. on 25.05.2020. The victim was wearing blue jeans, an orange
t-shirt, which was torn, and black shoes, which were mudded. External examination reveals a
well-matured white male, measuring 5’9 in height and weighing approximately 75 kilograms.
The hair was black and straight. The fingernails were normal and turned blue due to blood loss.
Blood stains were found on clothes and hands. A bullet stroked through the heart, damaging
the chambers and arteries, resulting in severe blood loss. The causes of death were gunshot
wounds and hemorrhage.
Part B
Brought by: Inspector Himmat Singh, Uchihar Police Station, Devbhoomi, Indiana.
External Examination:
The autopsy began at 11:00 A.M. on 25.05.2020. The victim was wearing black jeans and a
white t-shirt, which was torn and blood stained, and black shoes, which were mudded. External
examination reveals a well-matured brown male, measuring 5’6 in height and weighing
approximately 70 kilograms. The hair was brown and straight. The fingernails were normal
and turned blue due to blood loss. Blood stains were found on his clothes, hands, and head.
The causes of death were suffocation, excessive blood loss, and multiple fractures.
Part C
Brought by: Inspector Himmat Singh, Uchihar Police Station, Devbhoomi, Indiana.
External Examination:
The autopsy began at 10:30 A.M. on 25.05.2020. The victim was wearing grey pants, a blue
shirt that was torn and blood stained, and brown shoes that were mudded. External examination
reveals a well-matured black male, measuring 5’8 in height and weighing approximately 85
kilograms. The hair was brown and curly. The fingernails were normal and turned blue due to
blood loss. Blood stains were found on his clothes, hands, and head. The causes of death were
suffocation, excessive blood loss, and multiple fractures.
Part D
Brought by: Inspector Himmat Singh, Uchihar Police Station, Devbhoomi, Indiana.
External Examination:
The autopsy began at 12:00 P.M. on 25.05.2020. The victim was wearing a white payjama, a
maroon kurta, which was torn and blood stained, and brown slippers, which were mudded.
External examination reveals a well-matured brown male, measuring 6’ in height and weighing
approximately 90 kilograms. The hair was black and curly. The Fingernails were normal and
turned blue due to blood loss. Blood stains were found on his clothes, hands, and head. The
causes of death were suffocation, excessive blood loss, and multiple fractures.
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