Moot Court: Republic of Indus v.

Police Officers

In the Hon'ble Supreme Court of the Republic of Indus

Case No.: [Insert Case Number]

Defendant's Brief

May it please the Hon'ble Court,

Introduction:

We, the Defendants, appearing on behalf of the police officers involved in the alleged
encounter, respectfully submit our defense in response to the allegations brought forth by the
Plaintiffs. It is our contention that the actions of the police officers were justified under the
circumstances and were carried out in the line of duty to maintain law and order in the
Republic of Indus.

Facts of the Case:

On 17-01-2020, Jagruti, a young advocate, was brutally raped and murdered by four
individuals. The police arrested the accused on 23-01-2020.

On 03-02-2020, during transit to the court, two of the accused, Naveen and Keshav, allegedly
snatched pistols from constables, attempted to flee, and were subsequently shot dead by the
police officers in an encounter. The other two accused, Javed and Rajesh, also attempted to
escape.

The encounter was hailed by a section of the public and political leaders as an act of bravery
by the police officers, while human rights groups and the families of the accused alleged it
was an extrajudicial killing.

Legal Issues:
Whether the actions of the police officers in shooting the accused individuals constitute an
extrajudicial killing, thereby violating their fundamental rights to life and due process.

Whether the police officers' actions were justified under the circumstances, considering the
alleged threat posed by the accused and the potential for mass agitation.

Legal Arguments:

Self-Defense and Preservation of Evidence: The police officers were confronted with a
volatile situation where the accused attempted to escape custody and posed a threat to public
safety. In such circumstances, the officers were justified in using force to prevent the escape
and preserve crucial evidence in the ongoing investigation.

Immediate Threat: The actions of the accused, including snatching firearms from constables
and attempting to flee, created an immediate threat to the safety of the officers and the public.
The officers acted swiftly and decisively to neutralize the threat and prevent further harm.

Duty to Uphold Law and Order: It is the duty of law enforcement agencies to maintain law
and order and protect the interests of society. The actions of the police officers were in line
with their duty to uphold the rule of law and ensure justice for the victims of heinous crimes
such as rape and murder.

Prayer for Relief:

We pray to this Hon'ble Court to recognize the actions of the police officers as lawful and
justified under the circumstances.

We request the Court to dismiss the allegations of extrajudicial killing and uphold the
integrity of the law enforcement agencies in the Republic of Indus.

In conclusion, we urge this Hon'ble Court to consider the challenges faced by the police
officers in maintaining law and order and to deliver a just and fair judgment in this matter.

[Signature of Defendants' Counsel]

[Date]