Nothing Special   »   [go: up one dir, main page]

9th RGNUL Moot Court Competition 2020

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 31

TH

9 RGNUL
NATIONAL MOOT COURT
COMPETITION, 2020
(27th March, 2020 – 29th March, 2020)
RULES & REGULATIONS
I. INTRODUCTION

1. Short Title:

These Rules shall be called the ‘9th RGNUL National Moot Court Competition Rules, 2020’.

2. Definitions:
Unless otherwise stated following shall be construed herein under as–

i. “Administrator” shall mean Rajiv Gandhi National University of Law, Punjab.

ii. “Appellant” shall include Appellant, Plaintiff, Petitioner, Complainant, Prosecution,


Informant, etc.

iii. “Bench” refers to the members duly invited adjudge the oral rounds, collectively.

iv. “Clarifications” means explanation published by the Host University on the moot problem,
at any point of time of the competition to a query posed by any participating team within
the given deadline.

v. “Compendium” means a compilation or collection of legal or other authorities that a


participating team seeks to rely upon during the round of oral pleadings.

vi. “Competition” means 9th RGNUL National Moot Court Competition, 2020.

vii. “Moot Proposition” means the Proposition released by the Organizers on the date specified
in Rule II (2) and shall include any subsequent clarification(s) as and when issued by the
Organizers.

viii. “Oral Score” means the scores given by the judge to a particular orator of the participating
team pleading before it during the round of oral assessment.

ix. “Orator” means one of the two designated speakers in a participating team.

2
x. “Organizers” means the Moot Court Committee, Rajiv Gandhi National University of
Law, Punjab.

xi. “Participating Team” means the team which is eligible to participate in the competition
after completion of registration procedure.

xii. “Participating Institution” shall be presumed to be the parent institution of the


participating teams.

xiii. “Respondent” shall include Defendant, Respondent, Defence, etc.

xiv. “Rules” means the 9th RGNUL National Moot Court Competition Rules.

xv. “Team Code” means a unique code assigned by the Host University to the provisionally
registered the participating team.
xvi.“Written Submissions” means the memorandum of written submissions (memorials)
submitted by any participating team according to the rules of the Competition.

II. GENERAL RULES

1. Date and Venue of the Competition:

The 9th RGNUL National Moot Court Competition, 2020 will be held from 27 th March 2020 to
29th March 2020 at the campus building of Rajiv Gandhi National University of Law, Punjab,
Sidhuwal, Bhadson Road, Patiala-147001, Punjab.

2. Date of Release of Moot Proposition:

The Moot Proposition will release on 16th December 2019.

3. Team Eligibility and Composition:

3
i. Participation is strictly restricted to bona fide law students pursuing the three years or
five years LL.B. degree course in any institution in India. Students doing their LL.M.
and Diploma courses are not eligible for participation.

ii. Only one team is permitted to participate from each participating institution.

iii. A maximum of three members and minimum two members are allowed per
participating team. In a team consisting of three members, two members shall be
designated as ‘Speakers’ and the third member shall be designated as ‘Researcher’.

Provided if a team consists of two members then such team shall designate both the
members as speakers and no member in the team shall be allowed to be represented
as a researcher and take the researcher’s test.

4. Registration Procedure:

i. Registration: All the participating institutions have to confirm participation by


sending a duly filled Registration Form (Annexure-I) by email to
mootcommittee@rgnul.ac.in on or before 5th January, 2020.

ii. Hard Copy of the Registration Form: The duly filled in hard copy of the

Registration must reach the Organizers by 9th March, 2020, on the following address
only through Indian Post Office’s Speed Post –

Dr. Geetika Walia,

Coordinator Moot Court Committee,


Rajiv Gandhi National University of Law, Punjab,
Sidhuwal Campus, Bhadson Road,
Patiala – 147001.
(0175- 2391600, 601, 602, 603)

The participating teams must send their hard copy of Registration Form only through Indian
Post Office’s Speed Post. The teams shall solely be responsible for any delay caused due to
delay in receipt of Registration Form.
(Note: Only the teams who have been selected in the Memorial Evaluation round have to
submit the hard copy of the Registration Form)

4
iii. Allotment of Team Code: Every team which has successfully completed the
Registration requisites under the Rules shall be allotted a unique code after the closure of
the Registration for the Competition. Once the Code is allotted, every team must use only
the team code for any further communication with the Organizers during the course of
the Competition.

iv. Change in Team Composition: Any change in team composition must be intimated to
the Organizer at the earliest. Any change must be accompanied with a freshly filled
registration form and an authority letter duly signed by the head of the institution.

v. The duly filled Travel Form (Annexure-II) is to be e-mailed by the teams to


mootcommittee@rgnul.ac.in on or before 9th March, 2020.

vi. Registration Fees: The participating Teams are required to pay INR 5,000/- as
registration fees. The link for online payment will be emailed to the Registered Teams by
18th February, 2020. Details of payment shall be emailed to the Organizers. Non-payment
of Registration Fees shall result in cancellation of Registration of the Participating Team.

5. Dress Code:

i. Participants shall be appropriately attired for the rounds of the competition. Robes and
collar bands are not permitted.
ii. The Dress Code for the Inauguration, Researcher’s Test, Oral Rounds and Valedictory &
Prize Distribution shall strictly be:
a. For Gentlemen - Western Formals (White formal shirt with black formal pants and a
black blazer); and
b. For Ladies - Western Formals (White formal shirt with black formal pants/black formal
skirt and a black blazer) or Indian Formals.
iii. On other occasions while on campus, participants may wear casuals or formals at their
convenience.

5
III. CLARIFICATIONS
Clarifications to the Moot Proposition shall be sought by sending e-mail to
mootcommittee@rgnul.ac.in on or before 9th January, 2020. Clarifications requests sent
after this date shall not be entertained.

IV. WRITTEN SUBMISSIONS


1. Strict Adherence to Rules Regarding Written Submissions:

All requirements have to be strictly followed. Non adherence to the same will attract
penalties as provided under the Rules.
2. Written Submissions to be prepared from Both Sides:
Each team must prepare Written Submissions for both sides to the dispute.

3. Submission of Soft Copy of Written Submissions:


i. The soft copies of the written submission from each side should reach the Organizers
on mootcommittee@rgnul.ac.in in “.pdf format latest by 31st January, 2020 before
4:59 pm.
ii. Written Submissions from both sides shall be sent in a single e-mail.
iii. A penalty of 1 mark shall be levied in case the written submission is submitted in any
other format or as a multiple file by the team.
iv. The team submitting the soft copy 2 days after the last date of the submission of the
soft copy of the written submission will be disqualified from the competition.
4. Submission of Hard Copy of Written Submissions:
i. One copy of the written submission from each side should reach the Organizers on the
below mentioned address by 10th February, 2020 (Only through Indian Post’s Speed
Post)-

Dr. Geetika Walia,


Coordinator, Moot Court Committee
Rajiv Gandhi National University of Law, Punjab,
Sidhuwal Campus, Bhadson Road, Patiala – 147001.

6
ii. The teams have to carry five copies of the written submission from each side and submit
the same at the time of draw of lots.

5. No Difference between Soft Copy and Hard Copy of Written Submission:


The hard copy of written submission must be exact replica of the soft copy submitted with
the Organizers. Any difference in the same will result in disqualification from the
Competition.
6. Penalty for Late Submission:
i. A penalty of 1 mark per hour per side shall be deducted in case of delay in submission
of soft copy of written submission.
ii. A further penalty of 1 mark per day per side shall be levied in case of delay in
submission of hard copy of written submission.
7. General Conditions for Written Submissions:
i. The Written Submissions shall not contain any form of identification apart from the
team code. If any such identification or mark, symbol, etc. which has the effect of
identifying the team is found on the written submission, then it shall result in instant
disqualification of the participating team.

ii. Appellant’s Written Submissions are required to have a blue cover and Respondent’s
Written Submissions are required to have a Red cover.

iii. A penalty of 1 mark per side shall be levied in case the team uses wrong cover of
written submission.
8. Guidelines for Formatting:
i. Written Submissions Structure: The Written Submissions must contain following
contents:
a. Cover Page – The cover page shall contain the case title, side of the written
submission, year of competition, name of the forum and team Code on top
right corner;

b. Table of Contents;

c. List of Abbreviations;

d. Index of Authorities: The Index of Authorities must list all the authorities
cited in the Written submission. The Index must indicate the page number(s)

7
and/or the paragraph number(s) of the Written submission in which the
authority is cited;

e. Statement of Jurisdiction;

f. Statement of Facts: The Statement of Facts must contain a concise statement


of the relevant facts of the dispute. As far as may be, the Statement of Facts
should be limited to the stipulated facts and legitimate inferences which can
be drawn from those facts. Argumentative facts are prohibited. Statement of
Facts shall not exceed 2 pages. Non-compliance will result in a penalty of 1
mark for each exceeded page;

g. Issues Raised;

h. Summary of Arguments: The Summary of Arguments should contain a


summary of the substance of the arguments, and should not merely be a
reproduction of the various headings and sub-headings of arguments. The
Summary of Arguments shall not exceed 2 pages. Non-compliance will result in a
penalty of 1 mark for each exceeded page;

i. Pleadings / Arguments Advanced:

1. All legal arguments must be limited to the Pleadings/Arguments


Advanced section of the written submission. Non-compliance
will result in a penalty of 2 marks.

2. The Pleadings/Arguments Advanced and Prayer must not


exceed 20 pages. Non-compliance will result in a penalty of 1
mark per exceeded page;

j. Prayer.

Non-compliance with respect to sections (a) to (h) and (j) will result in a penalty of
1 mark for each missing section. Non-compliance with respect to section (i) will
result in the Written Submission not being considered for evaluation at all.

ii. Team Code: The team code must be ascribed on the top right corner of the

8
cover page. The code must be succeeded by the side for which the written
submission is prepared. The teams must use “A” for Appellant, P for
“Appellant” and R for “Respondent.” For example: in case the Team Code is
TC-100 the team must write “TC-100A” in case of written submission for
Appellant and “TC-100R” in case of written submission for Respondent.

iii. Margin: The Written submission must maintain an equal margin of 1 inch on
all sides. Non-compliance will result in a penalty of 1 mark per each side of
Written Submissions.

iv. Font, size and line spacing: The text font should be Times New Roman or
Garamond, size 12 and must be in 1.5 line spacing. Non-compliance will result
in a penalty of 0.5 mark per incorrect format of font, size and line spacing with
a maximum of 2 marks per page of the Written Submissions.

v. Footnotes: The footnotes must be in font Times New Roman or Garamond,


size 10 and singly spaced. There should be double line spacing between two
footnotes. The Bluebook: A Uniform System of Citation (20th Edition) should
be followed in the written submission throughout. Non-compliance will result
in a penalty of 1 mark per page. Substantive/Speaking footnotes are strictly
prohibited. Non-compliance will result in a penalty of 1 mark per substantive
citation.

vi. Header and Footer: The font used for the header/footer, if any, shall be Times
New Roman or Garamond, size 10, 1 spacing. Non-compliance will result in a
penalty of 1 mark per page of the Written Submissions.
Page Limit: There is no maximum page limit on the Written Submissions and
the pleadings/Arguments Advanced shall be of a maximum of 20 pages. No
annexures, photographs, exhibits, etc. should be added to the written
submission.

viii. Binding of Written Submission: Since the University encourages eco-

9
friendly practices hence, it is recommended that the teams bind their written
submission with thread or staple the pages and tape the same or use any eco-
friendly method of binding. Non-compliance will result in a penalty of 1 mark
per page of the Written Submissions

ix. The written submissions shall be marked on a scare of 100 marks and the
parameters which are laid down as under

Sr. No. MARKING CRITERIA MARKS


ALLOTTED
1 Evidence of Original Thought 20

2 Knowledge of Law and Facts 20

3 Proper and Articulate Analysis 20

4 Structure, Language and Grammar 15

5 Extent and Use of Research 15

6 Correct Format and Citation 10

Total 100

9. Memorial Evaluation Round

10
i. Participation in the oral rounds of the Competition would be subject to the
Memorial Evaluation Round.
ii. The number of Participating Teams shall be restricted to 48. If the number of
registered teams exceeds 48, the Participating Teams shall be shortlisted on the
basis of the memorials submitted by them.
iii. The top scoring 48 teams would be allowed to participate in Oral Rounds.
[Note: The top scoring 48 teams shall send their confirmation after the result of the
Memorial evaluation round by 25th February, 2020 by sending an email on
mootcommittee@rgnul.ac.in. Failing to do so, the organizers shall rescind their
spot in their competition.]
iv. The marks that shall be considered for the Memorial Evaluation Round shall be the
average Memorial Marks of memorials from both sides, without deducting any
penalty, except the penalties deducted for late submission of written submissions.

V. ORAL PLEADING ROUNDS

1. General Procedure:

i. Teams are requested to bring five (5) hard copies of the Written Submissions for each
side to be submitted during the draw of lots on 27th March, 2020.
ii. The language to be used during the Oral Pleading Rounds shall only be English.
iii. The Competition shall consist of the following rounds:

a. Preliminary Rounds; and


b. Advanced Rounds:

i. Quarter-Finals

ii. Semi-Finals

iii. Finals

iv. During each of the abovementioned rounds, the order in which the teams shall
present their arguments is as follows:

11
a. Appellant Speaker 1;
b. Appellant Speaker 2 ;
c. Respondent Speaker 1;
d. Respondent Speaker 2;
e. Rebuttal: Appellant - Any one of the two Speakers;
f. Sur-rebuttal: Respondent - Any one of the two Speakers.
Sur-rebuttal may be permitted only at the discretion of the Judges.

v. The Best Speaker Award shall be determined on the basis of the individual aggregate
score of the speaker taken only from the Preliminary Rounds. Individual Aggregate
Score shall be determined as the sum of the following:

a) Score of Speaker in Preliminary Round I;


b) Score of Speaker in Preliminary Round II; and
c) Half of Memorial Score

vi. The Researcher shall not be permitted to address the Court during the Oral Rounds.
The Researcher may however, be permitted to pass notes to the Speakers at the
discretion of the Judges. Such notes shall be passed through the court clerks present
in the court room.
vii. Teams are not permitted to raise issues in the Oral Rounds that have not been
submitted in the Written Submissions.
viii. The use of mobile phones, laptops, or any other electronic gadgets is strictly
prohibited during the Oral Rounds, subject to the discretion of the judges.
ix. Participants may use their own bare acts, print outs and commentaries provided that
anonymity is not violated during the Rounds.
x. The decision of the Judges as to the marks allotted to each team shall be final and
binding.

2. Splitting of Time between Speakers:

i. Teams shall notify the Court clerks of the division of time between the 2 Speakers

12
(including time reserved for Rebuttal & Sur-rebuttal) 10 minutes prior to the
commencement of the Rounds.

ii. If Speaker 1 exceeds his/her reserved time, the additional time taken shall be
deducted from the time reserved by Speaker 2. Similarly, if Speaker 2 exceeds his/her
reserved time, the additional time taken shall be deducted from the time reserved for
Rebuttals/Sur-Rebuttals as the case may be. This rule may not be followed if the
additional time is awarded at the discretion of the Judges to not be deducted from the
time of the subsequent Speaker.

iii. While granting additional time, if the additional number of minutes granted is not
specified by the Judges, it shall be presumed that the additional time granted is 2
minutes.

iv. The finality of the decision as to the time structure and the right to Rebut or Sur-rebut
shall vest with Judges.

3. Compendium:

i. All relevant case laws and statutory material to be passed on to the Judges during the
Oral Rounds may be submitted in the form of a Compendium 10 minutes prior to the
commencement of the Rounds to the Court clerks.

ii. Participants are also permitted to pass on relevant material to the Judges, at their
discretion, any time after the commencement of the Rounds and before its
completion.
iii. Participants shall ensure that anonymity is not violated while passing on any material
to the Judges. If any mark, name, seal, symbol or logo of the
institution/college/university is present, participants must ensure that the same is
rendered unrecognizable.

4. Exchange of Written Submissions:

13
i. The exchange of Written Submissions shall take place prior to the Oral Pleading
Rounds.

ii. Teams are prohibited from making any marks on the opponent’s Written Submissions
thus exchanged. Teams are also prohibited from making any copies of the opponent’s
Written Submission, electronically or otherwise.

iii. The opponent’s Written Submissions shall be returned to the Court clerks after the
completion of each Round.

5. Preliminary Rounds:

i. Every team shall argue twice in the Preliminary Rounds, once for the Appellant and
once for the Respondent.

ii. No two teams shall face each other more than once in the Preliminary Rounds.

iii. Draw of Lots: The match up of teams in Preliminary Rounds shall be determined on
the basis of draw of lots. Draw of lots shall take place on 27th March, 2020.

iv. Each side shall get a maximum time of 30 minutes to present their arguments of
which no Speaker shall be permitted to address the Court for more than 18 minutes.
The time limit is inclusive of the time for Rebuttal or Sur-rebuttal respectively. The
maximum time for Rebuttal is 2 minutes and the maximum time for Sur-rebuttal is 1
minute. Each speaker is required to speak for a minimum of 12 minutes exclusive of
time taken for Rebuttals and Sur-rebuttals.

6. Scoring in the Oral Rounds

1. The Preliminary Rounds

1.1. There will be two (2) Preliminary Rounds to ensure that each team is given the
opportunity to argue from both sides of the Proposition.

1.2. The fixtures for the Preliminary Rounds shall be determined by draw of lots.

14
1.3. For the Preliminary Rounds, the winner of each such round shall be determined
on the basis of the criteria of evaluation of the memorials scores and the speaker scores,
as mentioned in the Rules below.

1.4. Each Round shall be decided by awarding a maximum of nine (9) points.

1.5. If the difference in memorial scores of the teams facing each other is equal to or
exceeds seven percent (7%) of the maximum obtainable score, then three (3) points are
to be awarded to the team with the superior memorial scores. If the difference in
memorial scores is less than seven percent (7%) of the maximum obtainable score, then
two (2) points are to be awarded to the team with the superior memorial scores and one
(1) point is to be awarded to the other team. If there is no difference in memorial scores
of the two teams then the teams will be awarded 1.5 points each.

1.6. If the difference in speaker scores of the teams facing each other as awarded by
each judge in the Preliminary Round is equal to or exceeds seven percent (7%) of the
maximum obtainable score, then three (3) points are to be awarded to the team with the
superior speaker scores. If the difference in speaker scores is less than seven percent
(7%) of the maximum obtainable score, then two (2) points are to be awarded to the
team with the superior speaker scores and one (1) point is to be awarded to the other
team. If there is no difference in speaker scores between the teams, then the teams will
be awarded 1.5 points each for that judge.

1.7. If two or more teams have the same cumulative points, then the team with higher
aggregate score shall be ranked higher. If two or more teams have the same cumulative
points and same aggregate score, the team with the higher cumulative speaker scores
shall be ranked higher. If two or more teams have the same cumulative points, same
aggregate score and same cumulative speaker scores, then the team with the higher gross
memorials score, i.e., the score of the memorials without deducting penalties, shall be
ranked higher.

2. The Quarter Final Rounds

2.1. The eight (8) teams that proceed to the Quarter Final Rounds, as determined by
the Rules above, shall each argue only ONCE for the side allotted by a draw of lots. The
fixtures for the Quarter Final Rounds shall be as follows:

Rank 1 v. Rank 8 (Quarter Final Round I)

15
Rank 2 v. Rank 7 (Quarter Final Round II)
Rank 3 v. Rank 6 (Quarter Final Round III)
Rank 4 v. Rank 5 (Quarter Final Round IV)

2.2. For the Quarter Final Rounds, each team shall argue ONCE for the side allotted
by a draw of lots.

2.3. Four (4) teams shall qualify for the Semi Final Rounds on a knock out basis, i.e.,
the winner of each Quarter Final Round shall qualify to the Semi Final Rounds. The
knockouts will be decided on the basis of the rules mentioned above (1.6), i.e. based on
the score of the oral rounds only.

2.4. In case of a tie, the team with higher aggregate speaker scores will be declared
the winner for that round. If the aggregate speaker scores of the teams are the same, then
the team with higher gross memorial score i.e., the score of the memorial without
deducting penalties shall be ranked higher.

3. The Semi Final Rounds

3.1. The four (4) teams that proceed to the Semi Final Rounds, as determined by the
Rules above, shall each argue only ONCE for the side allotted by a draw of lots. The
fixtures for the Semi Final Rounds shall be as follows:

Winner of Quarter Final Round I v. Winner of Quarter Final Round IV


Winner of Quarter Final Round II v. Winner of Quarter Final Round III

3.2. Two (2) teams shall qualify for the Final Round on a knock out basis, i.e., the
winner of each Semi Final Rounds shall qualify to the Final Round. The knockouts will
be decided on the basis of the rules mentioned above (1.6), i.e. based on the score of the
oral rounds only. The bench-strength for this round shall be an odd number but not one
(1).

3.3. In case of a tie, the team with higher aggregate speaker scores will be declared
the winner for that round. If the aggregate speaker scores of the teams are the same, then
the team with higher gross memorial score i.e., the score of the memorial without
deducting penalties shall be ranked higher.

16
4. The Final Round

4.1. The two (2) teams that proceed to the Final Round, as determined by the Rules
above, shall each argue only ONCE for the side allotted by a draw of lots.

4.2. The team which wins the Final Round shall be declared as the ‘Winning Team’.
The other team shall be declared as the ‘Runners-Up Team’.

4.3. The winner of the Final Round shall be determined on the basis of the rules
mentioned above (1.6), i.e. based on the score of the oral rounds only. The bench-
strength for the Final Round shall be an odd number but not one (1).
4.4. In case of a tie, the team with higher aggregate speaker scores will be declared
the winner for that round. If the aggregate speaker scores of the teams are the same, then
the team with higher gross memorial score i.e., the score of the memorial without
deducting penalties shall be ranked higher.

7. Scouting:

i. Scouting is strictly prohibited.


ii. Any person may submit a complaint regarding Scouting to the Organizers.
iii. Teams found scouting shall be disqualified immediately.

8. Delay in Appearance/Presentation:

If a team scheduled to take part in a Round does not appear within 10 minutes of the
scheduled time, the other team present shall be allowed to submit ex-parte.

9. Scoring Criteria:

S. NO. MARKING CRITERIA Max Marks

1.
Knowledge of Law 20
2.
Application of Law & Facts 20

17
3.
Ingenuity and ability to answer questions 20
4.
Style, Poise, Courtesy, Demeanour 15
5.
Organisation and Flow of Arguments 15
6.
Reference to Memorials 10

Total 100

VI. RESEARCHER’S TEST

1. The Researcher’s Test shall be conducted on 27th March, 2020.

2. In a team consisting of three members, the member designated as Researcher shall take part
in the test.

3. Participants are requested to write only the Team Code on the question paper.

4. The Researcher’s Test shall be objective with the questions based on the applicable law,
precedents and facts pertaining to the Moot Proposition.

5. The duration of the Researcher’s Test shall be 60 minutes.

6. The Researcher’s test shall consist of 50 (fifty) objective type questions carrying 2 (two)
marks each. Each wrong answer would lead to a deduction of .50 marks.

7. No additional material such as the bare text of Acts, Written Submissions, etc. apart from
stationery may be brought by the participant to the test and no such material shall be
provided by the Organizers.

8. Score of the Researcher’s Test shall be computed as the total of Score in Researcher’s Test.

18
[Note: In case two or more students score the same aggregate marks in the Researcher’s
test, higher rank will be awarded to the student scoring more marks in the written
submission of the memorials.]

9. The Winner of the Test shall be determined by the highest score attained.

VII.AWARDS

The following awards shall be awarded in the Competition:


i. Best Team: the Team winning the final round of the Competition shall be given a trophy
and a cash prize of INR 20,000/- (Indian Rupees Twenty Thousand Only).
ii. Runners Up: the runners up team in the final round of the Competition shall be given a
trophy and a cash prize of INR 15,000/- (Indian Rupees Fifteen Thousand Only).
iii. Best Speaker: The speaker having the highest score in the preliminary rounds shall be
given a cash prize of INR 5,000/- (Indian Rupees Five Thousand Only).
iv. Best Written submission: The team having the highest average written submission
score from both sides shall be given a cash prize of INR 5,000/- (Indian Rupees Five
Thousand Only)
v. Best Researcher: The participant having the highest score in the researcher's test shall
be given a cash prize of INR 5,000/- (Indian Rupees Five Thousand Only)
vi. Certificates of merit shall be given to all the teams qualifying for Quarter-finals and
beyond.
vii. Certificate of participation shall be given to all the participating teams.
viii. The awards, certificates of merit and certificates of participation shall be given during
the valedictory ceremony to be conducted on 29th March, 2020. No certificate will be
given to the team before or after the valedictory function.

VIII. ACCOMMODATION & FOOD

i. Accommodation in the respective girls and boys hostel shall be provided to the
participating teams for the duration of the competition.
ii. All facilities shall be provided only to the registered members of a team and no additional

19
members, parents, observers, coaches or faculty advisors shall be accommodated.

IX. MISCELLANEOUS
1. General Etiquette:

i. Participants are expected to behave in a dignified manner and not to cause any
inconvenience to the Organizers, the Judges of the Competition or any of the other
participants.
ii. The Organizers reserves the right to take appropriate action for any unethical,
unprofessional or immoral conduct.
iii. Facilities such as photocopying, library usage, internet connectivity, etc. may be
provided subject to the convenience of the Organizers and will be informed to the teams
closer to the commencement of the Competition. Irrespective, participants are requested
to make their own arrangements for the same.
iv. Administrator shall not be responsible for any loss of belongings of the team during the
competition.

2. Interpretation of Rules & Regulations:

i. All interpretations, as well as any waivers, consents or other decisions in the


administration of the Competition are at the complete discretion of the Organizers.

ii. Any decision made by the Organizers shall be final and binding on all participating
teams.

X. Correspondence / Contact Data


1. Registration Formalities:

The address for correspondence for all Registration Formalities and Written Submissions is:

Dr. Geetika Walia,


Coordinator, Moot Court Committee
Rajiv Gandhi National University of Law, Punjab,

20
Sidhuwal Campus, Bhadson Road, Patiala – 147001.

XI. Moot Proposition/Rules and Regulation

Any and all clarifications and queries regarding the Moot Proposition and Rules & Regulations
shall be sought only via e-mail to mootcommittee@rgnul.ac.in.

Any other queries (other than the Moot Problem) may be directed at the following persons:

Dr. Geetika Walia Faculty Co-coordinator +91 9646023882

Ms. Shruti Tandon Student Convener +91 8860951750

Mr. Sahil Sharma Student Co-Convener +91 9915404103

(27th March, 2020 – 29th March, 2020)

LIST OF IMPORTANT DATES

Notification of the Competition and Release of 16th December, 2019


the Moot Proposition
Last Date of registration form (submission of 5th January 2020
registration form online)
Allotment of Team Codes 4th January, 2020
Last Date for Seeking Clarifications 9th January, 2020
Release of Clarifications 16th January, 2020
Last Date of Submission of Soft Copy of 31st January, 2020
Written Submissions

21
Last Date of Submission of Hard Copy of 10th February, 2020
Written Submissions (1 copy each side)
Result of Memorial Evaluation 18th February, 2020
Opening of link of online Payment 18th February, 2020
Confirmation of Participation 25th February, 2020
Closing of link of online Payment 29th February, 2020
Last Date of Submission of Hard Copy of 9th March, 2020
Registration Form
Last Date for mailing Travel Forms 9th March, 2020
Draw of Lots and Exchange of Written 27th March, 2020
Submissions
Researcher’s Test 27th March, 2020
Preliminary Rounds 28th March, 2020
Quarter and Semi Final Rounds 28th March, 2020
Final Rounds 29th March, 2020
Valedictory and Prize Distribution 29th March, 2020

22
9th RGNUL NATIONAL MOOT COURT COMPETITION, 2020

(27th March, 2020 – 29th March, 2020)

REGISTRATION FORM

NAME OF THE INSTITUTION:

PRIMARY CONTACT NO.: EMAIL ID:

SPEAKER 1:
Photograph of the
Participant
GENDER: CONTACT NO:

EMAIL ID:

SIGNATURE

SPEAKER 2: Photograph of the


Participant
GENDER: CONTACT NO:

EMAIL ID:

SIGNATURE

23
RESEARCHER:
Photograph of the

GENDER: CONTACT NO: Participant

EMAIL ID:

SIGNATURE

PAYMENT DETAILS

REFERENCE NUMBER:

NAME & SEAL OF THE HEAD OF THE INSTITUTION

NOTE: All Communications shall be done by the Organizers on the primary Contact and
Email Id.

24
9th RGNUL NATIONAL MOOT COURT COMPETITION, 2020

(27th March, 2020 – 29th March, 2020)

Annexure II
TRAVEL AND ACCOMMODATION FORM

NAME OF THE INSTITUTION:

PRIMARY CONTACT NO: EMAIL ID:

DATE OF ARRIVAL: TIME OF ARRIVAL:

MODE OF TRANSPORT:

DATE OF DEPARTURE: TIME OF DEPARTURE:

MODE OF TRANSPORT:

ACCOMMODATION (TICK AS APPLICABLE): YES NO

NOTE:

Separate Accommodation will be provided for Boys and girls.


No Pick and Drop facility will be provided if travel form is not submitted.

25
Moot
Proposition
1. The Republic of Indonia is the largest democracy in South Asia. 3/4 th of the area of
Indonia is coastal region. People from various religious beliefs and cultures are native to
this Country. The Constitution of Indonia imbibes Socialistic, Secular and Democratic
Republic values in its Preamble. Moreover, the Preamble enshrines to thrive the
development of scientific temper amongst its citizens. The Constitution of Indonia
provides to its citizens in its Part III, the Fundamental Rights. The Constitution also
bestows upon its citizens; among other rights, the ‘Fundamental Right to Research and
Innovation’ with reasonable restrictions as to Sovereignty and Integrity of the Nation,
Morality and Public Order.

2. The country has 1/10th of the world uranium deposits in its coastal region. It has been
documented in the WHO records that every 15th child born in that region develops organ
impairment in one form or another. Also, it is pertinent to note that local donors’
transplant has not been reported to be very successful with the success rate of mere 20%.
Average life expectancy in that region is relatively low.

3. Parsenia is one of the five states located in coastal region. Dr. Awanish Prakash is a
genius in human genetics and transplant surgery in Parsenia. He has a super specialization
in Somatic Cell Nuclear Transfer (SCNT) techniques. Having a doctorate in the subject
from Boston School of Medicine, Dr. Prakash is one of the youngest scientists to receive
this honour. He is renowned name in his field. He established his labs in Parsenia and
Iran. He also works on the research projects of various multinational companies. He
regularly receives funding for his independent research.

4. In 2005, Dr. Awanish married Varunya who was six years younger to him. Varunya was
also an aspiring researcher in same field. The couple was not able to procreate as Varunya
was suffering from Mayer-Rokitansky- Kuster- Hauser Syndrome.(MRKH)

5. Varunya accompanied Dr. Awanish to Boston and other places where he travelled. In
short, they were together everywhere. Moreover, she had access to all his labs. They used
II
to spend weeks in labs immersed in research. They had also signed a Living Will in
favour of each other.

6. In 2009, with the passage of time, Varunya was diagnosed with a liver disorder of initial
stage. Dr. Awanish was very disturbed with health condition of Varunya and he decided
to consult his specialist colleagues in Boston and Iran. They frequently visited those
places for treatment purposes.

7. On 20th May, 2018, a garbage collector of the local municipality in Persenia collected a
suspicious corpse and reported the same to the local police station. FIR was registered
and corpse was sent to local forensic laboratory for examination. The report mentioned it
to be human corpse genetic aged below 10 years. The forensic report also mentioned that
the corpse recovered was without liver and heart.

8. On the basis of further investigation, Police was able to locate the area from where that
corpse was collected. Police failed to identify the corpse after various attempts.
Moreover, no child was reported to be missing in the region. Therefore, police decided to
collect DNA samples of all natives from that area as earmarked by investigation. Around
250 samples were collected including Dr. Awanish and Varunya. The DNA sample of
Varunya matched with the corpse found.

9. On further investigation and search; following samples of lab grown embryos were
recovered from the laboratory of Dr. Awanish:

III
(Images from Google)

10. On 20th September 2018 the couple was arrested for alleged charges of murder of the
corpse recovered on 20th May, 2018.

11. The trial started and Dr. Awanish pleaded that Varunya had nothing to do with this; the
corpse was not their child as Varunya was not able to procreate in any manner.

12. Dr. Awanish also reluctantly admitted that the corpse was a clone of Varunya developed
with epigenetics and SCNT; and clone cannot be categorised as different human as DNA
for which alleged charges have been framed against Dr. Awanish was very much alive in
the Varunya. He also argued with documented proofs in the form of latest international
publications of eminent scientists, research reports of reputed schools of medicine
specialising in SCNT and other available literature that life expectancy of clone such
created has never been reported more than nine to ten years.

IV
13. The Court ordered medical examination of Varunya and it reported the absence of any
liver disorder. However, the examination report could not specify the presence of
transplanted liver; as gene sequence was 100% normal.

14. The trial court held that Dr.Awanish was not liable for the murder of the corpse stating
that the essentials of section 300 of IPC (Indonia Penal Code) were not met in the instant
case. State preferred an appeal in the High Court of Parsenia.

15. This case received media attention and created a lot of hue and cry in general public. One
section of ailing children’s parents in coastal region of Indonia demanded better medical
facilities for their children and possible treatment through SCNT among others who were
seeking a complete ban on such research endeavours. One NGO ‘People for Ethical
Research’ filed a Public Interest Litigation in Supreme Court of Indonia seeking
immediate redressal in the form of complete ban on such research endeavours; NGO
argued against such experiments on the grounds that they inevitably involve perils to the
humankind, a being who is both the product and also the most susceptible subject of the
exploration. Exposed to risk throughout the tremendously complex life-shaping
procedures of embryological growth, any living being deserves protection against such
harm. In addition to the usual uncertainties, cloning is likely to present predominantly
difficult glitches of interspecies variance. Supreme Court issued a notice to Union
Government in the matter.

16. In the matter of Dr. Awanish, High court held that lower court erred in not holding him
liable for murder; as clone definitely falls under the category of human. High Court also
declined to rely on all the documentary evidence adduced by him. Therefore, held him
liable for the offence of murder.

17. Dr. Awanish, applied for the certificate of fitness under Article 134 (1)(c) of the
Constitution of Indonia and filed an appeal before the Supreme Court on the receipt of the
same.

V
18. The Supreme Court admitted the appeal filed by Dr. Awanish under Article 136 of the
Constitution of Indonia challenging the decision of High Court and is pending before the
Supreme Court.

19. Dr. Awanish filed a separate writ petition in the Supreme Court of Indonia stating the
violation of his fundamental Right to Research. He contended that such impediments in
research development would create hindrance in endeavours to secure healthy life to
people of coastal region which is already suffering on account of natural causes. He
further stated that Government should promote research to ensure overarching benefits of
technology to ailing population instead.

20. The Supreme Court issued a notice to Union of Indonia seeking reply in the pertinent
matter and clubbed the writ petition field by Dr. Awanish and Public Interest Litigation
filed by ‘People for Ethical Research’ with the instant matter and is listed for hearing.

Note: The Constitution and Laws of Indonia are in pari materia with India.

VI

You might also like