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    Before The Hon'Ble High Court of Dili

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    Rahul Barnwal
    The document appears to be a memorandum submitted on behalf of Krishna Kumar, who has been charged with sedition and defamation for a speech he gave protesting a proposed law banning beef consumption in the state of Chanakya. The memorandum is submitted to the High Court of Dili seeking to quash the FIR filed against Krishna Kumar. It provides background information on the diversity of religions in Chanakya, the proposed beef ban law, Krishna Kumar's speech protesting the law, his subsequent arrest, and raises three issues for the High Court's consideration regarding the maintainability of the petition and whether Krishna Kumar's speech constituted sedition or defamation.

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    Before The Hon'Ble High Court of Dili

    Uploaded by

    Rahul Barnwal
    39 views11 pages
    The document appears to be a memorandum submitted on behalf of Krishna Kumar, who has been charged with sedition and defamation for a speech he gave protesting a proposed law banning beef consumption in the state of Chanakya. The memorandum is submitted to the High Court of Dili seeking to quash the FIR filed against Krishna Kumar. It provides background information on the diversity of religions in Chanakya, the proposed beef ban law, Krishna Kumar's speech protesting the law, his subsequent arrest, and raises three issues for the High Court's consideration regarding the maintainability of the petition and whether Krishna Kumar's speech constituted sedition or defamation.

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    The document appears to be a memorandum submitted on behalf of Krishna Kumar, who has been charged with sedition and defamation for a speech he gave protesting a proposed law banning beef consumption in the state of Chanakya. The memorandum is submitted to the High Court of Dili seeking to quash the FIR filed against Krishna Kumar. It provides background information on the diversity of religions in Chanakya, the proposed beef ban law, Krishna Kumar's speech protesting the law, his subsequent arrest, and raises three issues for the High Court's consideration regarding the maintainability of the petition and whether Krishna Kumar's speech constituted sedition or defamation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    39 views11 pages

    Before The Hon'Ble High Court of Dili

    Uploaded by

    Rahul Barnwal
    The document appears to be a memorandum submitted on behalf of Krishna Kumar, who has been charged with sedition and defamation for a speech he gave protesting a proposed law banning beef consumption in the state of Chanakya. The memorandum is submitted to the High Court of Dili seeking to quash the FIR filed against Krishna Kumar. It provides background information on the diversity of religions in Chanakya, the proposed beef ban law, Krishna Kumar's speech protesting the law, his subsequent arrest, and raises three issues for the High Court's consideration regarding the maintainability of the petition and whether Krishna Kumar's speech constituted sedition or defamation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 11

    CNLU FRESHERS’ MOOT

    CNLU FRESHERS’ MOOT TEAM CODE- P-10

    BEFORE THE HON’BLE HIGH COURT OF DILI

    IN THE MATTERS
    KRISHNA KUMAR … PETITIONERS/ APPLICANT

    V.

    STATE OF NCT OF DILI …RESPONDENT

    W.P. (CRL MISC.)NO…….OF 2018

    UNDER SECTION 482 OF CRIMINAL PROCRDURE CODE OF CHANAKYA

    UPON SUBMISSION TO THE HON’BLE CHIEF JUSTICE AND

    COMPANION JUSTICES OF HIGH COURT OF DILI

    I
    MEMORANDUM ON BEHALF OF THE PETITIONER
    CNLU FRESHERS’ MOOT

    Contents
    List Of Abbreviation ..................................................................................................................................... III
    Index Of Authorities ..................................................................................................................................... IV
    STATEMENT OF JURISDICTION ...................................................................................................................... V
    STATEMENT OF FACTS ................................................................................................................................. VI
    STATEMENT OF ISSUES .............................................................................................................................. VIII
    SUMMARY OF ARGUMENTS ........................................................................................................................ IX
    ARGUMENT ADVANCED .............................................................................................................................. 10

    II
    MEMORANDUM ON BEHALF OF THE PETITIONER
    CNLU FRESHERS’ MOOT

    LIST OF ABBREVIATION

    GOVT GOVERNMENT
    ALLD ALLAHABAD
    & And
    AIR All india Reporter
    Anr. Another
    Govt. Government
    Ltd. Limited
    P. Page
    SCC Supreme Court
    Sc Supreme court
    U.P Uttar Pradesh
    Vol. Volume
    V. Versus
    Art Article
    Sec Sectiom
    AIR All india Reporter
    CR.P.C Criminal procedure code

    III
    MEMORANDUM ON BEHALF OF THE PETITIONER
    CNLU FRESHERS’ MOOT

    INDEX OF AUTHORITIES

    IV
    MEMORANDUM ON BEHALF OF THE PETITIONER
    CNLU FRESHERS’ MOOT

    STATEMENT OF JURISDICTION

    226

    V
    MEMORANDUM ON BEHALF OF THE PETITIONER
    CNLU FRESHERS’ MOOT

    STATEMENT OF FACTS

    I. CHANAKYA IS A DIVERSE COUNTRY


    1. The Constitution of Chanakya consisting of secularism, socialism engraved in its root and
    aims to promote Justice, Equality, Fraternity, Unity and Integrity amongst the citizens of
    Chanakya. Part-III of the constitution grants fundamental rights which are soul of the
    constitution yet, it comes with certain reasonable restrictions, which are intentionally inserted to
    strike a balance between social and individual interest. Even with diverse tradition and culture,
    the feeling of nationalism has always been a meeting point for the sentiments of the people in
    Chanakya. Chanakya is a democratic Nation with Bhoomi Jai Party (BJP) in power. The state of
    Chanakya having a Sanatan dominated state and Mahmuds were in minority these two are major
    religion in Chanakya. They had their distinct customs and practices. One of the several practices
    includes cow slaughtering by Mahmuds, which was strictly prohibited by the Sanatan Dharma.

    II. INTRODUCTION OF A DRACONIAN BILL


    2. Consumption of Beef Act, on beef ban law passed by Uttam Pradesh having a great hue and
    cry in the country with many criticism, So the LokSabha passed a bill and which is yet to be
    passed by the RajyaSabha. The Justice National University (JNU) is having a most age old and
    prestigious university in the capital of Chanakya i.e. Dili. The JNU students are very active
    towards political scenario and the social- political environment of University and has been
    affecting to the Nation to a very large extent.

    PROTEST OF THE BILL


    Krishna Kumar was the president of the students of JNU with an influencing personality and
    aspiring political leader of Chanakya. He had a distinct Aura with which he could easily
    influenced their minds of students in JNU.
    He was deeply perturbed by the bill regarding prohibition of eating beef called a huge public
    gathering outside the JNU campus and he addressed the crowd by his words to protect against
    the idea of beef ban.
    “Adoption of secularism is in the veins of the nation by the government will push towards self-
    Annihilation. This law is a Zenith of irrationality. The prime minister who couldn’t handle his
    family is talking about handling the whole nation. He is a proof of failure in his personal fonts.
    His rhetoric speeches are never going to feed the poverty of nation. His empathy speeches are
    creating echo, which has now become a noise. The state, instead of becoming a provider has
    become a prohibitory. Such laws are showing immaturity of the nation. It is piercing the soul of
    the constitution and the only aid for such wound is secularism. These bestial devotees of religion
    in power are trying to outrage the modesty of constitution by making such laws. Integrity of the

    VI
    MEMORANDUM ON BEHALF OF THE PETITIONER
    CNLU FRESHERS’ MOOT

    nation is our duty and it should not be forgotten. The only motive of this protest is to pressurize
    the government to put a stay on such laws”
    After the speech was over there was a pin drop silence in the crowd which the post speech of the
    crowd depicted nothing but the sorrow towards the dying ideals of the constitutions. After some
    time all of a sudden, an unknown/ unfamiliar voice penetrated the silence of the crowd by
    slogans like “Chanakya tere tukde honge, milkar rahegi azaadi”. There was a sudden outburst in
    the crowd which resulted in disturbing the order of Dili.

    SUBSEQUENT ALLEGATIONS
    After this scenario the police filed an FIR against Krishna Kumar for Sedition (sec 124A IPC
    1860) and defamation ( sec. 499 IPC 1860) and was arrested for the same. Krishna Kumar went
    to High Court under sec 482 of crpc 1908 to get the FIR quashed as he was merely exercising his
    fundamental right of speech and expression [art. 19(1) a ] given under part III of the constitution.
    THE LAW OF CHANAKYA ARE PARI MATERIA WITH THE LAWS OF INDIA.

    VII
    MEMORANDUM ON BEHALF OF THE PETITIONER
    CNLU FRESHERS’ MOOT

    STATEMENT OF ISSUES

    I. Whether the petition for quashing of FIR is maintainable in the Court of Law?

    II. Whether the speech delivered by Krishna Kumar was seditious?

    III. Whether there were any grounds of defamation under section 499 of Indian
    Penal Code, 1860?

    VIII
    MEMORANDUM ON BEHALF OF THE PETITIONER
    CNLU FRESHERS’ MOOT

    SUMMARY OF ARGUMENTS

    I. Whether the petition for quashing of FIR is maintainable in the Court of Law?
    The Counsel on the behalf of the petitioners most humbly submits that the instant quashed of
    FIR are maintainable before the Hon’ble Court as:

    IX
    MEMORANDUM ON BEHALF OF THE PETITIONER
    CNLU FRESHERS’ MOOT

    ARGUMENT ADVANCED

    ISSUE 1

    SUB ISSUES

    SINCE 1 BCZ

    SINCE 2 BCZ

    10
    MEMORANDUM ON BEHALF OF THE PETITIONER
    CNLU FRESHERS’ MOOT

    11
    MEMORANDUM ON BEHALF OF THE PETITIONER

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