UNIVERSITY LAW COLLEGE, BANGALORE UNIVERSITY

XVIII ALL INDIA MOOT COURT COMPETITION, 2024

 UNIVERSITY LAW COLLEGE, BANGALORE UNIVERSITY

MOOT PROBLEM

1. Devanala1, one of the largest Country in Asia has a rich history in time with a
Democratic Federal System of Government. The policies of Federal Government
promised to make Devanala, one of the most developed Countries in the World
by 2028 as well as one of the most prominent tourist destinations. The abundant
flora and fauna, the eco-system in the islands privy to the Union of Devanala was
astounding and one of its kind, attracting lakhs of tourists every year. One of
the Islands of Devanala was Dvipa which had been rated to be the most
beautiful destination in the World having pink sand beaches. Kutira was a luxury
resort in Dvipa which attracted numerous tourists including lone female travellers
who considered the island as a safe haven.

2. Raktasura, a member of an ethnic group in Dvipa, a minor then in January 2019,

along with three adults committed offenses under sections 354 and 376 of the
Devanala Penal Code, 1860. Despite Raktasura being the accused who committed the
most heinous acts to the victim, he was remanded to the detention center as he was 16
years at the time of commission of crime. While in detention, he underwent
psychiatric evaluation and was diagnosed with a Multi Personality Disorder
having shades of being violent and a threat to others with or without
provocations, more so towards women with sadism and perversion.

3. In response to rising crime rates, particularly against tourists, the police

Commissioner of Dvipa introduced ‘ankle bracelets’ equipped with GPS tracking
for individuals with criminal antecedents and perceived to be a threat to society.
Raktasura, now employed as a pool attendant at the Kutira Luxury Resort, was
identified by the police as a candidate for wearing the ankle bracelet due to his
criminal history and tendencies as per his psychiatric evaluation.

4. Despite widespread protest on the ground of privacy and colour of law, etc.,
pertaining to the system of ankle bracelets, the Police made Raktasura wear an

1
The Laws of Union of India shall be applicable to the moot proposition and shall be treated as Pars Quidem.

XVIII ALL INDIA MOOT COURT COMPETITION, 2024

 UNIVERSITY LAW COLLEGE, BANGALORE UNIVERSITY

ankle bracelet. Mr. Joshi, a tourist at Kutira spotted the ankle bracelet on
Raktasura while he was discharging the scope of his duty in Kutira. Mr. Joshi used
AI Chat bots and other software to hack into the Data Records of Police to find
out the crime and act of Raktasura despite all reasonable precautions by the Police
Department. The technology accessed, and revealed all the details regarding Raktasura’s
criminal past. The Police Department failed to take necessary steps to protect the
Data in accordance of the Digital Personal Data Protection Act 2023 2.

5. Mr. Joshi being the National Editor for the ‘Verdict Times’ a prominent news
channel, was fond of uncovering and disseminating new information. Mr. Joshi
was shocked by Raktasura’s identity and criminal conviction and hence
published the information on media. Subsequently, Raktasura was
unceremoniously terminated from his e m p l o y m e n t at Kutira, as he was
seemed to be a threat to the guests. The media, sensing the whereabouts of
Raktasura started hounding him in order to interview about his story pertaining
to wearing ankle bracelet and breach of his privacy.

6. Raktasura moved the Supreme Court of Devanala by filing Writ Petition alleging
violation of his fundamental rights as guaranteed under Constitution of
Devanala, 1950, including Right to Privacy and Right to be left alone. He also
claimed for compensation jointly and severally for damage to his reputation and
regulation of AI in terms of Digital Personal Data Protection Act, 2023 and violation
of “Right to be Forgotten” by arraying the Commissioner of Police along with Union
of Devanala as Respondents.

7. The Commissioner of Police and the Union of Devanala, anticipating Raktasura's

legal action, had filed a caveat to the court. At the time of admission of the above,
Raktasura’s lawyers espoused Right to Privacy, Right to be Left alone and Right
to be Forgotten, and alleged that antecedent bad character or conviction cannot
be used to vex Raktasura and asserted the importance of individual’s right.

2
For the Purpose of this Moot Proposition, the Digital Personal Data Protection Act, 1993 stands notified by the
Union Government of Devanala and the said Act shall be used for adjudication of the moot proposition.

XVIII ALL INDIA MOOT COURT COMPETITION, 2024

 UNIVERSITY LAW COLLEGE, BANGALORE UNIVERSITY

8. In contrast, the Commissioner of Police of Dvipa along with Union of Devanala

argued that the said Writ Petition espousing interest of society is required to be
protected. In accordance to the peculiar facts of the case and the restriction of
Article 19 of the Constitution of Devanala, free movement of certain persons is
required to be arrested if they are a threat to the society and also pressed into
argument of Right to Life of the citizens of Devanala.

9. The Supreme Court of Devanala recognizing the need to balance individual rights
with societal interests, issued notice to all parties involved and listed the case for
final arguments.
ISSUES

i. Whether the Hon’ble Supreme Court has the jurisdiction to address the
issues raised by Raktasura in Writ Petition as under the Constitution of
Devanala, 1950?
ii. Whether Dvipa has violated any fundamental right of Raktasura and is it
justified to introduce a system of Ankle Bracelets to be worn by the
convicts?
iii. Whether the State failed to take necessary steps to protect the Data as per
Digital Personal Data Protection Act, 2023?
iv. Whether Dvipa can be held liable to compensate Raktasura for the acts of
Mr. Joshi in publishing his personal information in Media?

“We are privileged to unveil the moot problem for the competition meticulously drafted by Dr.
M. Sunil Sastry, an esteemed Advocate at the High Court of Karnataka. We urge all
participants to adhere to our request and any attempts made to contact Dr. Sastry regarding the
moot proposition on or before the competition shall result in immediate disqualification from
the competition”.

Disclaimer: The Moot Problem presented here is entirely fictitious and serves solely as an
educational exercise for law students participating across India. Any resemblance to actual
persons, living or deceased, events, entities, or jurisdictions is purely coincidental. The laws of
the Union of Devanala are construed in parallel with those of the Republic of India for the
purposes of this simulation. Teams are authorized to introduce additional legal issues as necessary.

XVIII ALL INDIA MOOT COURT COMPETITION, 2024