Intra- College Moot Court Competition

PAN INDIA LEGAL AWARENESS CAMPAIGN & AZADI KA AMRUT MAHOTSAV

MOOT PROBLEM

Ms. Taslima a Pakistani lady came to India on 27 January 2019 to pay visit to Tajuddin Baba
Dargah and Ajmer Sharif. She came to Nagpur by flight, thereafter visited Tajuddin Baba
Dargah and thereafter came to Nagpur Railway Station for further journey. She already
booked her ticket of Ajmer Humsufar of dated 29 January 2019 at 12.15 am. She was having
wait listed ticket, so she approached a Train Ticket Examiner at the Station for confirmation
of berth against her ticket on dated 28 January at 3 pm. The Train Ticket Examiner asked her
to wait in the Ladies Waiting room; accordingly, she availed the ladies waiting room and
rested there.

At about 5 pm on 28 January 2019, two unknown persons (later identified as one Akash
Singh , a tout who posed himself as a very influential person of the Railway and Ramsingh a
railway ticket broker having good acquaintance with some of the Railway Staff of Nagpur
station ) approached her , took her ticket and returned the same after confirming reservation
in Coach No. S-2 , Berth no.21 of Ajmer Humsufar. At about 8 pm Ramsingh came again to
her with a boy Rushi and told her to accompany the boy to a restaurant if she wanted to have
food for the night. Accordingly at about 9 pm she went to a nearby eating house with Rushi
and had her meal there. Soon after she had taken her meal, she vomited and came back to the
Ladies Waiting Room. At about 10 pm Akash Singh along with Rafik Pasha a Parcel
Supervisor at Nagpur station came to the Ladies Niwas. She appeared to have some doubt
initially but on being certified by the lady attendants engaged on duty at the Ladies Waiting
Room about their credentials she accompanied them to Yatri Niwas. She was taken to room
no. 101 on the first floor of Yatri Niwas. The room was booked in the name of Akash Singh
against Railway Card pass no. 1234 since 28 January 2019. In Room No. 101 two other
persons viz. One Lallansingh , Parcel Clerk of Nagpur Station and Awdhoot singh , Parcel
Clearing Agent were waiting. Ms. Taslima suspected something amiss when Akash Singh
forced her into room.Awdhoot Singh bolted the room from outside and stood on guard
outside the room. The remaining four persons viz Akash Singh, Lallansingh, Rafik Pasha
and Ramsingh took liquor inside the room and also forcibly compelled her to consume liquor.
All the four persons who were present inside the room brutally violated, Ms. Taslima resulted
into a state of shock and daze. When she could recover she managed to escape from the room
of Yatri Niwas and came back to the platform where again she met RamSingh and found him
talking to Akash Singh. Seeing her plight Ramsingh pretended to be her saviour and also
abused and slapped Akash Singh. Since it was well past midnight and Ajmer Humsufar had
already departed , RamSingh requested Ms. Taslima to accompany him to his residence to
rest for the night with his wife and children . He assured her to help entertain Nagpur Jaipur
Express on the following morning . Thereafter Ram Singh accompanied by Shamsher Sharma
, a friend of Ram Singh took her to the rented flat of Shamsher Sharma at Zero Mile Road,
Sitabuldi Police Station, Nagpur. There Ram Singh raped Taslima and when she protested
and resisted violently Ram Singh and Shamsher Sharma gagged her mouth and nostrils
intending to kill her as a result Taslima bled profusely. On being informed by the landlord of
the building following the hue and cry raised by Taslima , she was rescued by Sitabuldi
Police.

Considering, the incident and its publicity in the newspaper, an Advocate Rani Nagpurwala
filed writ petition in public interest under Article 226 before Nagpur Bench of Bombay High
Court against the Chairman, Railway Board; General Manager Central Railway; Divisional
Railway Manager, Central Division; Chief Commercial Manager, Central Railway; State of
Maharashtra through the Chief Secretary; Home Secretary, Government of Maharashtra;
Superintendence of Police (Railways) Nagpur; Superintendence of Police, Nagpur; Director
General of Police , State of Maharashtra including Deputy High Commissioner, Islamic
Republic of Pakistan, claiming compensation to victim for gang raped by many including
employees of the Railways in a room of Yatri Niwas at Nagpur Railway station , case was
registered 11/2019. Adv. Rani Nagpurwala also claimed several relief including eradicating
anti-social and criminal activities of various kinds at Nagpur Railway station. The Hon’ble
Nagpur Bench of Bombay High Court held Chairman, Railway Board responsible for the
incident and directed to pay compensation of Rs. 10 Lakh to victim.

Against this impugned judgment Chairman, Central Railway Board preferred an appeal to the
Hon’ble Supreme Court of India under Special Leave to Appeal. The main contention of the
Appellant is that Victim is a foreigner and cannot claim remedy under Public Law,
Fundamental Rights are not given to Foreigners by the Constitution of India hence she is not
entitled for any compensation under Public Law , The matter is listed for final argument
before Hon’ble Supreme Court of India on dated 11 th of November 2021. The issues
mentioned below are significant for argument.

1) Whether Advocate Rani Nagpurwala is having any locus standi in the matter.
2) Whether Victim can claim relief under Public Law or Private Law
3) Whether Chairman, Railway Board is responsible for the acts of its servants?
4) Whether International Law and Conventions are applicable in the present matter
before municipal Court.

[Case is resemblance with The Chairman, Railway Board & Others vs. Mrs. Chandrima Das,
AIR 2000 SC 988]

Name of the Students securing first two positions will be sent to NALSA, Delhi for further
formalities. College will provide Three Prizes for the First Three Teams of ranking and Best
Student Advocate Prize.
Rules of Moot Court Competition:
i) There will be only one round of competition with one moot problem
ii) (Each Team will consist of 3 students i.e. 2 Mooters and 1 Researcher.)
iii) Students are instructed to prepare Memorials for both the side. Petition for
Petitioners and Counter Affidavit for Respondents.
( Paper : A4 size (back to back) , Font –Times New Roman , Text Size –
Heading 14, Normal -12, Spacing – 1.5 , Alignment –Justify)
iv) The order of presentation will be on the basis of lots to be drawn at the time of
registration.
v) The best team getting highest number of marks will be declared as the winner
team.
vi) Each team is to argue for total 16 minutes i.e. 6 + 6 minutes for argument and
2 + 2 minutes for each student to answer the queries asked by the judges. The
question shall be asked by the judges at the end of the argument.
vii) The court will consist of two judges.
viii) Students participants are advised to wear black coats.
ix) Necessary books and reports for reference must be brought by the concern
team.
x) Argument shall be in English only
xi) Each participating team shall submit 2 copies each i.e. 4 copies of the written
submission.
xii) The marks will be assigned to each team in the manner shown below-
- For written submission 20 Marks
- For substance in argument 40 Marks
- For skill of Advocacy 20 Marks
- For general impression & Court
Manners and behaviour 20 Marks
------------------------
100 Marks
xiii) The competition will take place in the College Moot Court Hall
xiv) The decision of the judges is final with regard to the result of the competition
and no complaints in this regard will be entertained.