THE 1ST MRINALINI DEVI MEMORIAL NATIONAL MOOT COURT COMPETITION

BEFORE THE HON’BLE SUPREME COURT, INDIA

IN THE MATTERS OF:

MS.SAMAIRA KHAN & ANR. ...PETITIONER

V.

UNION OF INDIA AND ANR. ...RESPONDENT

ON SUBMISSION TO THE HON’BLE SUPREME COURT, INDIA

UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA,

WRITTEN SUBMISSIONS ON BEHALF OF RESPONDENT

COUNSEL ON BEHALF OF RESPONDENT

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 TABLE OF CONTENTS

LIST OF ABBREVIATIONS ................................................................................................... iv

INDEX OF AUTHORITIES ..................................................................................................... vi

STATEMENT OF JURISDICTION ......................................................................................... ix

STATEMENT OF FACTS ........................................................................................................ x

ISSUES RAISED .....................................................................................................................xii

SUMMARY OF PLEADINGS...............................................................................................xiii

WRITTEN PLEADINGS ........................................................................................................... 13

PRAYER ................................................................................................................................. 16

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 LIST OF ABBREVIATIONS

LD. Learned

& And

¶ Paragraph

AIR All India Reporter

Anr. Another

Cr. LJ Criminal Law Journal

CRC Convention of the Rights of the Child

F.I.R First Information Report

U/S Under section

Hon‟ble Honourable

i.e. That is

SC Supreme Court

LR Law Report

Court Supreme Court

HC High Court

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 Art. Article

Ors. Others

Const. Constitution of India

SCC Supreme Court Cases

U/A Under Article

U.O.I. Union of India

v. Versus

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 INDEX OF AUTHORITIES

STATUTES

Code of Criminal Procedure, 1973

Indian Penal Code, 1860

Indian Evidence Act, 1872

The Constitution of India

CASES

HARYANA STATE INDUSTRIAL CORPORATION V. CORK MFG. CO. A.I.R, 2008, SC, 56

DALE & CARRINGTON INVESTMENT LTD. V. P.K. PRATHAPAN (2005) 1 SCC 212

CHUNNILAL MEHTA V. CENTURY SPINNING & M CO. LTD. A.I.R 1962 SC 1314

ASSAM SANMILITA MAHASANGHA V. UNION OF INDIA,A.I.R 2015 SC 783

POONAM V. SUMIT TANWAR , A.I.R 2010 SC 1384: (2010) 4 SCC 460: JT 2010 (3) SC 259.

CENTER FOR PIL V. UNION OF INDIA

A.V. VENKATESWARAN COLLECTOR OF CUSTOMS, BOMBAY V. RAMCHAND

SOBHRAJ WADHWANI, A.I.R 1961 SC 1506

ONKAR LAL BAJAJ V. UNION OF INDIA (2003) 2 SCC 673

S.H.KACHUNI V. STATE OF MADRAS, 1959 SCR 725

TRILOK CHAND V. H.B. MUNSHI,(1969) 2 SCR 824

BALCO EMPLOYEES UNION V. UNION OF INDIA A.I.R 2002 SC 350

SARAFAT V. STATE OF UTTRANCHAL 2006, CR.LJ 654

NIPUN SAXENA & ANR. V. UNION OF INDIA & ORS. 2012 SC

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 BOOKS AND ARTICLES

S.N. Mishra , The Code of Criminal Procedure, 1973

Dr. J.N. Pandey , Constitutional Law of India

Dr. Kailash Rai , Constitutional Law of India

Batuk Lal , The Law of Evidence

R.N. Saxena , Indian Penal Code

Universal Criminal Manual

Universal’s Bare Act

M.P. Jain Indian Constitutional Law 415 , (7th Ed., 2014)

LEGAL DATABASES

 Indiankanoon.org

 www.vakilno1.com

 google.com

 indiatimes.com

 Legalcyrstal.com

 Legalhelplineindia.com

 Livelaw.in

 Legalserviceindia.in

 Cis-india,org

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 STATEMENT OF JURISDICTION

The Petitioner has submitted this memorandum for the petition filed before this
Hon’ble Supreme Court of India. This application is a writ petition under Art -32 of
the Constitution of India praying for a direction against the Union of India and Ors.
Seeking a writ of mandamus declaring the act of media and press in contravention
of section 228-A as unconstitutional and to implement a suitable law to control
sale of acid and chemical coercive substances.

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 STATEMENT OF FACTS

I. Ms. Shamaira Khan, aged about 22 years , is the daughter of Mr. Abu Sayad Khan fell in
love with Vikram Dubey, aged about 23 years, and is the son of Mr. Ranjit Dubey, a
reknowned leader of the ruling party of the state Mithila. Being in the relationship their
intimacy grew beyond bounds and they started to keep sexual relationships . as
Vikram attempted to get frequent sexual favors, sometimes in a way which was
against the order of nature, Shamaira started to hesitate to continue the
relationship with him.

II. On 12th March 2018, Shamaira’s father Mr. Abu Sayad Khan filed an F.I.R
against Vikram and two of his friends for forcibly abducting his daughter
for trying to penetrate their male organs to the private part of her and
when she tried to escape from their hold while resisting them these men
poured acid on her body which resulted in severe burn injuries on her
face and the middle part of the body. They even threw her out of the
vehicle and escaped Shamaira was later admitted in the hospital by the
help of a few passer by individual.

III. On the basis of such facts, the Police submitted the chargesheet before the
Learned trial Court after conducting investigation. Vikram was charged
under section 376, 377, 307, 354-D, and 326-A read with section 34. On
the other hand two of his friends were charged under section 376, 307 and
326-A read with section 34. The trial court found them guilty of the
offences and sentenced them to imprisonment for life. Aggrieved by the
decisions the accused person appealed to the Hon’ble High Court of
Mithila. The High Court after hearing the upheld the decision of the
learned trial court and aggrieved by the same they appeald before the
Hon’ble Supreme Court.

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IV. Because of the political background of Vikram, this entire incident was in
constant limelight . The identity of both Vikram, Shamaira and their families
were aired in television media shows repeatedly. The media house hardly
hesitated to disclose the identity of Shamaira as a result of which she was
socially ostracized and it was so difficult for her to lead a dignified life . Due
to constant and excessive media exposure Shamaira filed a writ petition in the
Hon’ble Apex Court under Article 32 of the Constitution for the violation of
her fundamental right and failure on the part of print and electronic media to
comply with obligation under section 288-A.

V. As the acid attack instances are rising day by day and a result of which innocent
human beings ,especially girls are falling prey to the grudges of anti-social
persons, a social activist named Surendra Mahalik , urged the attention of
supreme authority through a PIL and prayed to issue the writ of mandamus to
the Parliament to implement a suitable law to control and regulate the sale of
acid and other chemical coercive substances.

VI. Since all the three matters involved similar issues, the Hon’ble Supreme Court
clubbed them and was allotted to a full-judge Bench for hearing.

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 ISSUES RAISED

1. WHETHER THE WRIT PETITION BROUGHT BEFORE THIS COURT IS

MAINTAINABLE?

2. WHETHER THE APPEAL MADE BY ACCUSED PERSON IS MAINTAINBLE?

3. WHETHER THE CONVICTION OF ACCUSED PERSON UNDER THE ALLEGED

CHARGE ARE SUSTAINABLE IN THE EYES OF LAW?

4. WHETHER THE FUNDAMENTAL RIGHTS OF THE PROSECUTIX GOT

VIOLATED BY THE ACT OF MEDIA AND PRESS?

5. WHETHER THE PIL FOR REGULATING AND CONTROLLING THE SALE OF

ACID AND OTHER COERCIVE SUBSTANCES BE ENTERTAINED OR
DISMISS?

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 SUMMARY OF PLEADINGS

1) WHETHER THE WRIT PETITION FILED BEFORE THE HIGH COURT IS

MAINTAINABLE?

The writ petition filed in the High Court is not maintainable as: firstly, there existed
an efficacious alternative remedy and secondly, the writ is not maintainable on
account of violation of any fundamental right.

2) WHETHER THE APPEAL MADE BY ACCUSED PERSON IS

MAINTAINABLE?

It us humbly submitted before Hon’ble Court that the appeal filed by the aggrieved
person is maintainable as there existed a provision u/s 379 of Code of Criminal
Procedure, 1973 which allows the accused person to make appeal to the SC .
3) WHETHER THE CONVICTION OF ACCUSED PERSON UNDER THE
ALLEGED CHARGE ARE SUSTAINABLE IN THE EYES OF LAW ?
It is humbly submitted that the conviction of accused person under alleged charges are
not sustainable in the eyes of Law. The Learned Court convicted the accused without
any authentic proof and witnesses . The claims of Shamaira Khan are false and
intended to destroy the Political image of Accused Father who is a political leader.
The Accused was not rightly heard by the Learned Court and the judgement of the
Learned court was erroneous

4) WHETHER THE FUNDAMENTAL RIGHTS OF THE PROSECUTIX GOT

VIOLATED BY THE ACTS OF MEDIA AND PRESS?
The Media and Press have practiced their Right of Freedom of Expression while
airing the story of the Petitioner. The identity of the victim (Petitioner) was disclosed
bona fide and not intended to harm the social and psychological life of the Petitioner.
Thus the Fundamental Rights of the Petitioner was not violated but was given an
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 opportunity to gain from public support and help.

5) WHETHER THE PIL FOR REGULATING AND CONTROLLING THE SALE

OF ACID AND OTHER COERCIVE SUBSTANCES BE ENTERTAINED OR
DISMISS?
The PIL for regulating and controlling sale of acid an other coercive substances must be
dismissed as the supreme court has already given an order on July 2013 to curb on acid
sales. Moreover the sale of Acid has been useful as most of the Household use acid as
disinfectant . Legislating or making Harsher rules may affect those Households.

WRITTEN PLEADINGS

1. WHETHER THE WRIT PETITION FILED BEFORE THE HIGH COURT IS

MAINTAINABLE?

I. It is submitted before this Hon‟ble Court that SC has held in Trilok Chand v.
H.B.Munshi(1969) 2 SCR 824:

“In case of adequate alternative remedy it may exercise its discretion to refuse to
entertain a petition filed U/A.32.
II. Furthermore,in P.N.Kumar v. Muncipal Corporation of Delhi the SC has expressed
the view that the citizen should not come to the court directly for the enforcement of
their fundamental rights . They should first seek remedy in the High Court and
thereafter on being dissatisfied with the judgement of the High Court , they should
approach to the SC by way of appeal.
In BALCO Employees Union v.Union of India the Court has refused to entertain the
writ petition filed U/A 32 on the grounds of the alternative remedy available to the
petitioner. The Court held that the petitioner have adequate remedy open to it under
the Acts under which notices were issued and in appropriate case can approach the
HC U/A 226 of the Constitution.

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III. It is humbly submitted that the petition present in this case incurred the same nature as
above. Hence, the writ petition to this regard cannot be maintainable. Therefore your
honor may be pleases to dismiss the petition.

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MEMORIAL ON BEHALF OF THE RESPONDENT
2. WHETHER THE APPEAL MADE BY ACCUSED PERSON IS
MAINTANABLE?

I. It is humbly submitted before this Hon‟ble Court that appeal of the accused is treated
as an absolute right subject to the provisions of Art.134(1)(a) and 134(1)(b) of the
Constitution of India and section 379 of the Code of Criminal Procedure,1973.
Section 379 states that where the High Court has, an appeal reversed an
order acquittal of an accused person and convicted him and sentenced him to death or
to imprisonment for life or imprisonment for a tem of ten years or more, he may
appeal to the SC.
II. It is humbly submitted before this Hon‟ble Court that inlight of above,it was held in
Chandra Mohan Tiwari v. State of MP.
“An appeal would lie to the SC as a matter of right in a case where High Court has on
appeal reversed an order of a acquittal of an accused person an convicted and
sentenced him either to death or to imprisonment for life on imprisonment for a term
of 10 years or more.

III. It is humbly submitted before this Hon‟ble Court that inlight of above the appeal filed
by the accused person is maintainable.

3) WHETHER THE CONVICTION OF ACCUSED PERSON UNDER THE

ALLEGED CHARGE ARE SUSTAINABLE IN THE EYES OF LAW ?

I) It is submitted before the Hon’ble court that the convict Vikram Dubey belongs from a
reputed political family; son of Mr. Ranjit Dubey renowned leader of ruling party of
state. Shamaira Khan and Vikram Dubey had been in a relationship from a long time.
They used to have sexual relation as well. Shamaira Khan wanted to marry Vikram
Dubey. Shamaira Khan knew that Ranjit Dubey comes from a rich and renowned
family and she wanted to get into the family through marital ties. After the respondent
refused to marry, Shamaira Khan threatened to destroy the respondent’s family,
marriage and social life.
II) Shamaira khan in accident whereby she poured acid on herself and slammed the
respondent Vikram Dubey and his friend for raping her and pouring acid over her
III) The learned Court have not taken into consideration the facts and without any
witnesses and authentic proof. The Court trusted Shamaira Khan accusations and
wrongly convicted the respondents.
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MEMORIAL ON BEHALF OF THE RESPONDENT
 IV) There was no rape committed by the respondent and they earlier used to have extra
marital relation. Thus, punishment under section 376 wrongly render. Then similarly
punishment under section 376, 354D, 326A along with section 34 was wrongly render to the
respondent on the claim of the petitioner.

4) WHETHER THE FUNDAMENTAL RIGHTS OF THE PROSECUTIX GOT

VIOLATED BY THE ACTS OF MEDIA AND PRESS?

I. It is submitted before the Hon’ble court that media and press have practice
their right to freedom of press. The story S..k rape case in television. The
media and press has held that there wore awaring the public about the rape
case so that there incident come under people’s knowledge and they may
support Shamaira Khan in getting justice.
In Romesh Thaper vs Supreme Court of madras and Bangbhushan the
Supreme Court took it for granted the fact that freedom of press was an
escaping part of the right of freedom of speech and expression. Right to
freedom of press includes the right to propagate the ideas and views to
publish and circulate them

II. It is submitted that while writing the name of the victim the media house had
not affected the fundamental rights of the petitioner. The airing of name was
of the intend that the petitioner gets public support through fundamental
procession (for demanding punishment to the accused) and for creating
awareness.
III. It is submitted that the disclosing the name of the rape victim acid attack in an
attempt to help them through people’s support and aid. It must not be
considered as violations of Article 21 or contravention of section 2 of Indian
penal code 45 of 1860.

5) WHETHER THE PIL FOR REGULATING AND CONTROLLING THE SALE

OF ACID AND OTHER COERCIVE SUBSTANCES BE ENTERTAINED OR
DISMISS?

I. The PIL filed by S.Mahalik must be dismissed . The Hon’ble Supreme Court has already
passed orders on regulating the sale of acids . The Norms set by Supreme Court must be

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MEMORIAL ON BEHALF OF THE RESPONDENT
 checked and maintained. said the licensed sellers of acid and corrosive substances will
have to maintain a log/ register pertaining to the sale of such material.
The norms set up by the order includes Photo identity card, containing residential address

issued by the authority, would be required for purchasing such substances, which in any case

cannot be sold to a person who is below 18 year of age. The sellers will have to disclose their

stock to the authorities concerned.

There arises no need to establish any more rules or orders for regulating and controlling acid sales.

II. Though acids have been misused by few anti-social elements , it have many uses for
common people . It comes in cheaper price in comparison to other disinfectants and its
cleaning rate is equal or better than other disinfectants. The Unprivileged section of the
society use acid as a replacement of costly disinfectants. The use of Acid is prevalent in
most of those households. Making the sale of acid more complex shall affect such
Househlds, specially those who comes under the less privileged section of the society.

PRAYER

Wherefore in the light of the issues raised, arguments advanced and authorities cited,
it is humbly requested that this Hon‟ble Court may be pleased to adjudge and declare:

 The following petition filed by the petitioners is not maintainable,

 The constitutional sanction of an enactment has an overriding effect to an
international convention of which Indica is a signatory,
 The Juvenility should not depend upon the nature of the offence committed, and
 Matriculation certificate should be used to determine the age of a juvenile in conflict
with law.

And pass any such order, other order that it deems fit in the interest of Justice, Equity and

Good Conscience.

And for this, Respondent as in duty bound, shall humbly pray.

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 COUNSEL ON BEHALF OF THE RESPONDENT

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 COUNSEL ON BEHALF OF THE RESPONDENT

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