BACKGROUND FOR THE MOOT PROPOSITION

Out of the numerous social evils faced by our country today,

drug addiction or drug abuse is one of the most common evil
prevalent in the Indian society since time immemorial. There are a
variety of drugs which are used in various forms which include
narcotics, depressants, stimulants, hallucinogens, cannabis etc.

The World Health Organisation has defined drug abuse as a

state of periodic, chronic intoxication, detrimental to the individual
and to the society, produced by repeated consumption of drugs
either natural or synthetic.

As in other countries, the menace of drug addiction is

spreading in India also. A large number of our young men and
women have taken to intoxicants. Near about 87.6 per cent drug
addicts are between the ages of 14 and 25 years. The coming
generation is thus crippled by the rampant abuse of drugs. The
easy availability of different drugs in the market due to illicit
trafficking makes it much easier to procure it which again
aggravates the problem.

Another form of social evil is "Human trafficking" which is the

fastest increasing criminal industry in today's world, coming to
second only after illegal drug-trade. This evil has been traced back
to the ancient Mesopotamian and Mediterranean civilization and
has continued to grow. Trafficking in India is often disguised as
migration, commercial sex or disgustingly even marriage. It is
estimated that ninety percent of the India’s sex trafficking is
internal. Women, girls and children are trafficked internally for
commercial natural / unnatural sex. Children are subject to
involuntary servitude as factory workers, domestic servants,
beggars, agricultural workers and many times they are also

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naturally / unnaturally sexually abused by their owners. No crime
can be worse than this.

Also, a rapid increase in the use of computer and internet has

given rise to new forms of crimes / social evils like publishing
sexually explicit materials in electronic form, video voyeurism and
breach of confidentiality and leakage of data by intermediary, e-
commerce frauds like personation commonly known as Phishing,
identity theft and offensive messages through communication
services.

The Indian government is committed to fight against the

aforementioned social evils at home and abroad. It has recently
assisted few countries to enact anti-trafficking legislation(s), trained
law enforcement officials, prosecutors, border guards and judicial
officers on detecting, investigating & prosecuting traffickers and
protecting victims and provided start-up equipment for new anti-
trafficking police units.

Hence, this moot problem is been framed to spread

awareness among common sections of the society to come forward
and discuss the same for eradication of these social evils.

MOOT COURT PROPOSITION

BRIEF FACTS

1. Noor Mohammad (hereinafter NM) a smart, handsome and

fair skinned boy, aged 13 years was on 03/04/2014 crowned the
new student "Mr. Fresher" in the Ninth Grade of Little Flowers
School, Jaipur in the State of Rajasthan. On the fateful day
(25/04/2014), NM while coming outside the school premises went
to a nearby Pan-stall to purchase a soft-drink. While sipping his

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drink, he saw his senior of Eleventh Standard Rajveer Singh
(hereinafter RS) aged 15 years and 11 months, making gestures to
come behind the shop. NM went with RS where RS took out a
Cigarette and started smoking the same. After a few puffs (shots),
RS offered the same to NM and told him, it is not a normal Cigarette
and if you take only two puffs (shots), you will reach in a different
world. NM being a curious teenager went ahead to "Try" that joint
and as soon as he took that in, after a few moments, he started
feeling lightheaded and he said that I am feeling too good and tried
to enquire from RS that what is it actually and from where he got it.
RS in reply gave him an address and asked NM to reach that place
at 5 pm sharp and warned him not to disclose that address to
anyone.

2. At around 4.45 pm, NM reached that spot and found that it

was a deserted new construction site a bit far from the city, at the
newly build four lane highway, where there was hardly anyone
around. After waiting for few minutes, when he could not find RS,
he called RS on his mobile phone. RS picked the call and told him
that he will be late by half an hour around as he is stuck
somewhere but requested NM to go to the Roof-Top of the deserted
site and wait for him over there. RS also promised that he will bring
'A New Thing' for NM to 'Try' and he is busy arranging that only. NM
went ahead and after sometime RS arrived there with four boys of
age group between 14-19 years around.

3. They soon became friends with NM and gave him some

special 'Chocolate' with a Joint of Marijuana. Two boys from that
group thereafter started 'touching' NM on different parts of his
body. NM by that time was so much inebriated that he failed to
understand the nature of that act and after some time NM lost his
senses and slept.

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4. At around 2.30 pm next day (26.4.2014) NM came back to his
senses and found himself in a heavy headache and nearly unable to
open his eyes. After gathering some strength he tried to get up but
found that very hard too. After making some efforts he finally stood
up on his legs and found himself naked and in a corner of the same
building but on different floor. He tried to recapitulate what
happened last evening but reminding himself about yesterday's
incident after he started eating the chocolate given by RS, he found
himself unable to remember anything thereafter. With pain, he
started walking and found a torn shawl nearby, covered himself and
found his mobile phone near the shawl with a printed message to
"check the inbox of your e-mail". NM switched on his mobile and
opened his inbox on Gmail.com. There was a new e-mail with an
attached video and near about a dozen photographs. He
downloaded that Video file from his inbox and clicked on "Play
Video". To his horror he saw himself being wantonly molested at the
very first by all those boys and thereafter being sodomized by the
entire group one by one. Thereafter, he received a call from RS who
warned him of dire consequences for disclosing last day's act to
anyone. He also told him that he will upload the video on U-2, a
globally recognized free site for uploading Movie and Songs and also
on Face-Life another trans-national social website. Thereafter, NM
reached the nearby highway, got an auto-rickshaw for himself and
reached home by 4 pm. At home everyone in his family was waiting
for him. At once he didn't told to his parents about the incident but
after their continuous questioning and mental assurance, told them
the entire unfortunate incident. NM's parents assured him not to
disclose this to the Police or anyone concerned as it was a matter of
the reputation of the entire family concerned.

5. After two days, (on 28/04/2014) RS called NM and demanded

Rupees 10,000 within 24 hours together with a rider that non
fulfilment of which will lead to Video & Photo Upload. NM being a

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teenager got very scared from that call but didn't told that to
anyone. As the time approached, he thought 'if I will not give him
the money, what will happen to me and thereafter to my family's
reputation'. Thinking that, he made a plan to steal his mother's gold
earrings and pay the ransom. He worked as per his plan and
furnished the ransom to RS. This continued for some time till NM's
father realised that things are being stolen from the house. He
followed NM one fine day and saw him delivering money to RS. NM's
father thereafter went to "BACHPAN", a Non Governmental
Organization (hereinafter NGO) and sought their help. The NGO
first took NM into confidence, took him to the nearby police-station,
got an First Information Report (F.I.R.) registered (on 5/5/2014)
(copying that to the Cyber Cell of the Police). The police came in
swift action, conducted raids and on preliminary investigation
found that not only NM but at least two dozen more male/female
teenagers were victims in the same kind of act. Not only the victims
but most of the alleged accused were also found to be teenagers
involved in the gruesome act for easy money. The police also found
post interrogation that the accused not only abused and
blackmailed their victims but also supplied their Video files /
Photographs to a person Jai Dev (hereinafter JD), a citizen of
Mumbai where these Video's etc. were actually uploaded on free
porn sites available for downloading in public domain. Also it came
out in the investigation reports that the main Kingpin in the
aforementioned affair was no other that Ms. Saloni Kamra who also
happens to be the current Women & Child Development Minister of
India and a sitting Member of Parliament (hereinafter SK) directly in
touch with JD. It also came out in the preliminary investigation that
JD was a near relative of SK. The police, for nabbing JD (through
proper channels) sought the help of Police Commissioner and got
the information through Home Ministry.

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6. The NGO somehow became aware of this investigation report
and other concerned information(s) and passed on the information
to a national newspaper PATRIKA who in turn conducted a “Sting
Operation” (hereinafter OP) on SK on 10/05/2014 in very knotty
circumstances and compiled its data in three various compact discs
(C.D.'s).

Disc 1 Contained SK taking token money for a bribe from a

reputed multi-billionaire private tycoon active in many sectors in
national and trans-national level and getting a promise from that
businessman for depositing the rest of the remaining amount in
"Swiss Bank" as directed by SK & JD.

Disc 2 Contained SK observing the transportation of few

children from orphan homes being transported to a third world
country for prostitution etc. and

Disc 3 Included contents of SK's 'private life' involved in

natural/unnatural sexual intercourse.

The channel thereafter broadcasted all the three discs on

12/05/2014. Following the broadcast, almost all the News
Channels in the Country aired the same news numerous times and
a huge hue and cry was raised by different sections of the society.

PUBLIC INTEREST LITIGATION FILED

7. On the basis of the telecasted NEWS by PATRIKA, the NGO

went ahead and filed a “Public Interest Litigation” (hereinafter P.I.L.)
in the High Court of Rajasthan at Jaipur for the same on
15/05/2014 and demanded SK's immediate resignation and an
inquiry by the Central Bureau of Investigation (hereinafter CBI) with
a request that the Hon'ble Court itself shall monitor the entire
investigation as it was a very high profile case. The Hon'ble High

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Court admitted PIL on 20/05/2014 and issued show cause notices
for the same to all the concerned parties.

8. On the other hand, SK also filed a case of Defamation

against PATRIKA & NGO on 25/5/2014 alleging her Right to
Privacy enshrined by the Constitution and pleading that she is not
guilty and that PATRIKA is from no stretch of imagination
authorized to put on Television the news contents like the current
one. NM, PATRIKA and some others adduced evidence, provided
material. Investigation report was called and provided to the parties.
SK, JD and RS denied the allegations and claimed the action by the
opposite parties as private and malafide. They claimed damages for
defamation. All the concerned parties argued through their counsel
and during hearings a large number of persons attended the
hearings in the Chief Justice’s Court.

JUDGMENT OF HIGH COURT

9. The matter being of public interest and national importance,

the Hon’ble High Court after hearing the concerned parties, perused
and examined the record. Number of hearings day to day were given
to both sides and to some interveners. The Hon’ble Court held on
30.5.2014 as under:-

(i) There are prima-facie allegations against SK, JD and

RS. Further investigation to be done by CBI and if sufficient
material to launch prosecution in the appropriate court and in
accordance with law. No sanction need be taken for SK from Central
Government.

(ii) Cost-cum-compensation of Rs.1.00 lac was awarded in

favour of NM to be paid by SK and JD equally;

(iii) RS being juvenile be dealt with by Juvenile Court in

accordance with law;

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 (iv) Appreciated the petitioners for taking up the
sensational social issue at the national level;

(v) Writ for defamation dismissed. May file suit.

SPECIAL LEAVE PETITION FILED

10. SK and JD thereafter filed S.L.P. before the Hon'ble Supreme

Court, which was admitted. The Court clubbed other similar PILs
pending before it and other High Courts. It issued notices to all the
States to represent and assist it and fixed 15/7/2014 for final
arguments.

Kindly draw S.L.P. and frame arguments & supporting

judicial precedents from the appellant as well as from the
respondent’s side.

RELEVANT LAW(S) -

1. The Juvenile Justice (Care and Protection of Children) Act, 2000.

2. Narcotic Drugs and Psychotropic Substance Act, 1985;

3. Indian Penal Code, 1860;

4. Criminal Procedure Code, 1973;

5. Indian Evidence Act, 1872;

6. Information Technology Act, 2000;

7. Constitution of India;

8. U.N. Standard Minimum Rules for The Administration of

Juvenile Justice,1985;

9. U.N. Convention On The Rights Of The Child, 1989 (Ratified By

The Government of India in 1992);

10. Protection Of Children From Sexual Offences Act, 2012;

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11. The Immoral Traffic (Prevention) Act, 1956;

12. United Nations Convention Against Illicit Traffic In Narcotic

Drugs And Psychotropic Substances, 1988;

13. Money Laundering Act;

14. Income-tax Act, 1961;

15. Any other relevant law(s) For eg. Laws relating to media etc.

Background for the moot proposition (Rajan) 22.5.2014.

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