Team Code-

MANAV RACHNA LAW AND TECHNOLOGY NATIONAL MOOT

COURT
5th AMITY INTRA COMPETITION,
MOOT 2022
COURT COMPETITION, 2022
2021

Before
THE HON’BLE SUPREME COURT OF INDRIYANA
PUBLIC INTEREST LITIGATION
Under Article 32 of Constitution of Indriyana
P.I.L.No:______/2022

In the matter of

Sadda Hakk (NGO)….…………………………………………. (PETITIONER)

VERSUS
All Boys Christian Convent School………………………………… (RESPONDENT)

UPON THE SUBMISSION TO THE HON’BLE JUDGES

OF THE SUPREME COURT

Counsel on behalf of Petitioner

MEMORIAL ON BEHALF OF PETITIONER
 5th Amity Intra Moot Court Competition, 2022

TABLE OF CONTENTS

LIST OF ABREVIATIONS………………………………………………………………..0

INDEX OF AUTHORITIES…………………………………………………………….....0

STATEMENT OF JURISDICTION……………………………………………………....0

STATEMENT OF FACTS…………………………………………………………………0

STATEMENTS OF ISSUES……………………………………………………………….

SUMMARY OF ARGUMENTS……………………………………………………….......

ARGUMENTS ADVANCED………………………………………………………………

1. WHETHER THE P.I.L. IS MAINTAINABLE BEFORE THE HON’BLE

SUPREME COURT OF INDRIYANA UNDER APPROPRIATE
JURISDICTION OR NOT?.....................................................................................
1.1……
1.2.
1.3.
1.4…

2. WHETHER THE SCHOOL REGULATIONS ARE VIOLATIVE OF FREEDOM

TO PROFESS, OR PRACTICE OF RELIGION MENTIONED UNDER
ARTICLE 25 OF THE CONSTITUTION OF INDRIYANA, 1950, AND
WHETHER THE SCHOOL AUTHORITIES CAN BE HELD LIABLE UNDER
SECTION 295A OF INDRIYANA PENAL CODE, 1860 OR NOT?......................
2.1. ……………..
2.2.…..

~Memorial on Behalf of Petitioner~

 5th Amity Intra Moot Court Competition, 2022

3. WHETHER THE SCHOOL HAS VIOLATED THE RIGHT TO EQUALITY

UNDER ARTICLES 14 AND 19 OF THE CONSTITUTION OF INDRIYANA,
1950?.............................................................................................................................
3.1…..
3.2….
3.3…..

4. WHETHER THE SUPREME COURT SHOULD INTERVENE IN ORDER TO

STOP THE MEDIA TRIAL OR NOT?.....................................................................

4.1…..

4.2….

4.3….

PRAYER FOR RELIEFS…………………………………………………………………..

~Memorial on Behalf of Petitioner~

5th Amity Intra Moot Court Competition, 2022

LIST OF ABBREVIATIONS

& And
ANR Another
AIR All India Reporter
ORS Others
SC Supreme Court
SCR Supreme Court Reporter
SCC Supreme Court Cases
UOI Union Of India
V. Versus
WLN Weekly Law Notes

~Memorial on Behalf of Petitioner~

 5th Amity Intra Moot Court Competition, 2022

INDEX OF AUTHORITIES

A. ACTS & STATUTES

q Constitution of India

B. LEGAL DATABASE
q Manupatra
q SCC Online

C. BOOKS

D. CASE LAWS

S.No Title Citation Appear On

Page(S)

~Memorial on Behalf of Petitioner~

 5th Amity Intra Moot Court Competition, 2022

STATEMENT OF JURISDICTION

The Petitioner has approached the Hon’ble Supreme Court of Indriyana through a Public
Interest Litigation (P.I.L.) under Art.321 of the Indriyana Constitution.

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Remedies for enforcement of rights conferred by this Part
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred
by this Part is guaranteed
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the
enforcement of any of the rights conferred by this Part
(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ), Parliament may by
law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers
exercisable by the Supreme Court under clause ( 2 )
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this
Constitution
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~Memorial on Behalf of Petitioner~

 5th Amity Intra Moot Court Competition, 2022

STATEMENT OF FACTS

For the sake of brevity and convenience of the Hon’ble Court, the facts of the present case
are stated hereunder:-

BACKGROUND
1. Indriyana is a developing democratic country in the Asian Continent. It is the second-most
populous country in the world. It consists of 28 States and 9 Union Territories. The
diversity in cultural aspects like religion, language, traditions etc. is truly a remarkable
feature.
2. Taking inspiration from the Constitutions of the major democracies of the world, the
Constitution of Indriyana was wisely drafted by the members of its Constituent Assembly.
Democracy, Equality and Secularism are the essence of the Constitution. It encompasses
the values of Human Dignity and Equality. It guarantees to its citizens certain Fundamental
Rights - the scope of which is considerably enlarged by the dynamic judgments of the
Supreme Court of Indriyana.
3. In Indriyana, the majority of legal orders are built on a hierarchical system of legal actions,
with the Constitution at the top. A State's laws and other legal actions must be consistent
with Constitutional ideals. According to the Constitution of Indriyana, 1950, the State has
specific responsibilities towards its citizens, including but not limited to the protection of
basic rights, and the Supreme Court of Indriyana serves as a right preserver. If a statute or
other legal measure established by the State is in conflict with the Fundamental Rights of
the citizens guaranteed under Indriyana Constitution, the Supreme Court, as a guardian,
shall declare it null and void to the extent of inconsistency with the provisions.

RELEASE OF CIRCULAR
4. On 7 March 2002, All Boys Kristian Convent School a Minority run School (as per Article
29 and 30 of Indriyana Constitution) released a Circular asking all the students to follow
the new Regulations framed by the new administration of the School, one of which
mentioned that every student should have a military haircut, failing which they would not
be allowed to sit for the Final Term Examination. On 12 March 2022, two students from

~Memorial on Behalf of Petitioner~

 5th Amity Intra Moot Court Competition, 2022

Eleventh Grade were barred from entering the School premises as they were wearing
Turbans.

INTERVENTION BY THE NGO

5. A lot of people of the same community came forward with similar experiences across the
nation, which an NGO, named “Sadda Hakk”, noticed and approached the aggrieved
parties. Sadda Hakk is an NGO that operates at pan Indriyana level. It is an unparalleled
socio- cultural organization of minorities and poor class of the nation. The purpose of the
NGO is to legally defend civil liberties and the democratic rights of the people.

SCHOOL’S OFFICIAL STATEMENT

6. The School released an official statement stating that the educational institutions are secular
public places and are meant to impart knowledge and wisdom employment, good health
and contribute to nation building, and not to follow essential and non-essential religious
practices. The School further added that the administration has not framed any Regulation
with the intent to hurt any one’s religious sentiments and it believes that it was essential to
introduce a common dress code in order to promote the secular character of educational
institutions and bring forth uniformity amongst the students. Seeing the issue gaining
prominence, some news channels also started a media trial. This further enraged the social
media community as they demanded a written apology from the School authorities.

NGO APPROACHES THE APEX COURT

7. Sadda Hakk filed a PIL on 31 July 2022 on behalf of the aggrieved in the Apex Court under
Article 32 of the Constitution, demanding the right to wear Turban in School premises and
it also alleged that the School Regulations were violative of Article 25 of the Constitution
which protects "Freedom of conscience and free profession, practice and propagation of
religion." The NGO in the PIL further argued that the act created a mass hysteria in the
minds of the community and the School authorities should be held liable for the same.
Further, it demanded that the School authorities should be punished under Section295-A of
the Indriyana Penal Code, 1860, for hurting religious sentiments of the aggrieved parties
and their community. The matter is pending before the Hon’ble Supreme Court for 25th
August, 2022.

~Memorial on Behalf of Petitioner~

 5th Amity Intra Moot Court Competition, 2022

STATEMENT OF ISSUES

The Hon’ble Supreme Court of Indriyana is presented with following issues:-

ISSUE 1.SUE 1.

Whether the P.I.L. is maintainable before the Hon’ble Supreme Court of

Indriyana under appropriate jurisdiction or not?

ISSUE 2.

Whether the School Regulations are violative of Freedom to Profess, or \

Practice of Religion mentioned under Article 25 of the Constitution of
Indriyana, 1950, and whether the School authorities can be held liable under
section 295A of Indriyana Penal Code, 1860 or not?

ISSUE 3.

Whether the School has violated the Right to Equality under Articles 14 and
19 of the Constitution of Indriyana, 1950?

ISSUE 4.SUE 1.

Whether the Supreme Court should intervene in order to stop the Media
Trial or not?

~Memorial on Behalf of Petitioner~

 5th Amity Intra Moot Court Competition, 2022

SUMMARY OF ARGUMENTS

I. WHETHER THE P.I.L. IS MAINTAINABLE BEFORE THE HON’BLE

SUPREME COURT OF INDRIYANA UNDER APPROPRIATE
JURISDICTION OR NOT?
The Petitioner humbly submit that ….

II. WHETHER THE SCHOOL REGULATIONS ARE VIOLATIVE OF

FREEDOM TO PROFESS, OR PRACTICE OF RELIGION MENTIONED
UNDER ARTICLE 25 OF THE CONSTITUTION OF INDRIYANA, 1950, AND
WHETHER THE SCHOOL AUTHORITIES CAN BE HELD LIABLE UNDER
SECTION 295A OF INDRIYANA PENAL CODE, 1860 OR NOT?
The Petitioner humbly submit that …..

III. WHETHER THE SCHOOL HAS VIOLATED THE RIGHT TO EQUALITY

UNDER ARTICLES 14 AND 19 OF THE CONSTITUTION OF INDRIYANA,
1950?
The Petitioner humbly submit that ….

IV. WHETHER THE SUPREME COURT SHOULD INTERVENE IN ORDER TO

STOP THE MEDIA TRIAL OR NOT?

The Petitioner humbly submit that ….

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~Memorial on Behalf of Petitioner~

 5th Amity Intra Moot Court Competition, 2022

ARGUMENTS ADVANCED

I. WHETHER THE P.I.L. IS MAINTAINABLE BEFORE THE HON’BLE

SUPREME COURT OF INDRIYANA UNDER APPROPRIATE
JURISDICTION OR NOT?.

It is most humbly submitted before this Hon’ble Court:-

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~Memorial on Behalf of Petitioner~

 5th Amity Intra Moot Court Competition, 2022

PRAYER FOR RELIEF

WHEREFORE, in the light of facts stated, issues raised, authorities cited and arguments
advanced, it is most humbly prayed and implored before the Honourable Apex Court that it
may be graciously pleased to adjudge and declare that –

1. The present P.I.L. is maintainable before the Hon’ble Supreme Court of Indriyana under
appropriate jurisdiction.
2. The School regulations are violative of Freedom to Profess, or Practice of Religion
mentioned under Article 25 of the Constitution of Indriyana, 1950, and the Respondents
be held liable under Section 295A of Indriyana Penal Code, 1860.
3. The Respondent has violated the Right to Equality under Articles 14 and 19 of the
Constitution of Indriyana, 1950.
4. That this Hon’ble Court shall not intervene in order to stop the Media Trial.

AND/OR

Pass any other Order, Direction, or Relief that it may deem fit in the Best Interests of
Justice, Fairness, Equity and Good Conscience.

For This Act of Kindness, the Respondents Shall Duty Bound Hold Forever Pray.

Sd/-
(Counsel on behalf of the Petitioner)

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~Memorial on Behalf of Petitioner~

5th Amity Intra Moot Court Competition, 2022

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~Memorial on Behalf of Petitioner~