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Moot Court Problem: Citizenship Amendment Act and Protests in Baharistaan - Prof. Shah, Summaries of Law

A moot court problem involving the Citizenship Amendment Act (CAA) in the fictional state of Baharistaan. The CAA provides citizenship to persecuted religious minorities from neighboring Muslim-majority states, but also proposes to expel alleged illegal immigrants. This has led to public protests, with protesters being arrested and charged. The legal proceedings, including the charges, evidence, and arguments presented by both sides, address the constitutionality of the CAA, the threat to minority rights, and the rights of persecuted minorities under international law.

Typology: Summaries

2023/2024

Uploaded on 04/16/2024

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MOOT COURT PROBLEM (BA.LLB 8th)
The State of Baharistaan introduced the Citizenship Amendment Act, 2019 (C.A.A),
providing citizenship to the persecuted religious minorities of neighboring Muslim Majority
states of Banglapur, Afghanabad and Hazaristan. The Act also proposes to expel all the alleged
illegal immigrants, living here for last 50 years, who have come into State of Baharistan from
these three States. The Act is opposed by the minorities in the State of Baharistan as a threat to
their existence. Therefore a public protest was organized on 15.02.2020 by the like-minded
groups to oppose the introduction of CAA in the Baharatpur, the capital city of Bharistaan.
Scores of protestors were arrested allegedly on raising pro –Hazaristan slogans under an FIR No.
111/2020 dated 15.02.2020 by the Nayagarh City Police for the offences punishable under
section 124 A, 153 A&B, 504 and 505 of BPC and submitted FIR to the Jurisdictional
Magistrate. The Nayagarh City Police produced all the accused before the Jurisdictional
Magistrate who remanded them to judicial custody. The police, after investigation, filed charge
sheet for the said offences on 15.03.2020. The Jurisdictional Magistrate was pleased to take
cognizance and registered Criminal Case in No 222/20, the summons was issued to the to the
accused , who were in judicial custody, to appear before the court. On the date of hearing before
the charge, the Prosecution papers were furnished to the accused who pleaded ‘not guilty’. The
charges were framed by the court as under “
“Whether the prosecution establish beyond reasonable doubt that on the said date , time and
venue, the accused has committed the offences punishable under Sec 124 A , 153 A & B , 504
and 505 of IPC “.
The prosecution has examined four witnesses listed at PW1, PW2, PW3, PW4. The two
audiences, who are eye witness, are examined as PW 5 & 6. The prosecution also produced the
copy of the complaint and video footage showing the speech of the accused. On behalf of the
Defense, the accused is examined as DW1, other witnesses who were present on the said protest,
are also examined as DW2 & 3. The accused protestors alleged that Police resorted to brute
forces to quell the protests against the said discriminatory law. After the closer of the evidence
and the arguments, the Jurisdictional Magistrate held the accused guilty of the offence
punishable under Sec 124A of IPC. And acquitted the accused for the remaining offences by
judgment and conviction dated 22/03/2020 and sentenced to undergo 10 years Rigorous
pf2

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MOOT COURT PROBLEM (BA.LLB 8th) The State of Baharistaan introduced the Citizenship Amendment Act, 2019 (C.A.A), providing citizenship to the persecuted religious minorities of neighboring Muslim Majority states of Banglapur, Afghanabad and Hazaristan. The Act also proposes to expel all the alleged illegal immigrants, living here for last 50 years, who have come into State of Baharistan from these three States. The Act is opposed by the minorities in the State of Baharistan as a threat to their existence. Therefore a public protest was organized on 15.02.2020 by the like-minded groups to oppose the introduction of CAA in the Baharatpur, the capital city of Bharistaan. Scores of protestors were arrested allegedly on raising pro –Hazaristan slogans under an FIR No. 111/2020 dated 15.02.2020 by the Nayagarh City Police for the offences punishable under section 124 A, 153 A&B, 504 and 505 of BPC and submitted FIR to the Jurisdictional Magistrate. The Nayagarh City Police produced all the accused before the Jurisdictional Magistrate who remanded them to judicial custody. The police, after investigation, filed charge sheet for the said offences on 15.03.2020. The Jurisdictional Magistrate was pleased to take cognizance and registered Criminal Case in No 222/20, the summons was issued to the to the accused , who were in judicial custody, to appear before the court. On the date of hearing before the charge, the Prosecution papers were furnished to the accused who pleaded ‘not guilty’. The charges were framed by the court as under “ “Whether the prosecution establish beyond reasonable doubt that on the said date , time and venue, the accused has committed the offences punishable under Sec 124 A , 153 A & B , 504 and 505 of IPC “. The prosecution has examined four witnesses listed at PW1, PW2, PW3, PW4. The two audiences, who are eye witness, are examined as PW 5 & 6. The prosecution also produced the copy of the complaint and video footage showing the speech of the accused. On behalf of the Defense, the accused is examined as DW1, other witnesses who were present on the said protest, are also examined as DW2 & 3. The accused protestors alleged that Police resorted to brute forces to quell the protests against the said discriminatory law. After the closer of the evidence and the arguments, the Jurisdictional Magistrate held the accused guilty of the offence punishable under Sec 124A of IPC. And acquitted the accused for the remaining offences by judgment and conviction dated 22/03/2020 and sentenced to undergo 10 years Rigorous

Imprisonment with a fine of Rs. 1000/- , in default of fine amount , the accused shall undergo 6 months simple imprisonment. Being aggrieved by the same, the accused preferred Criminal Appeal No 111/2020 before the Hon’ble High Court of Bahratpur, mainly contending that merely raising the alleged slogan do not amount an act of sedition, the state argued that there are materials to show that there was intentional act before shouting a “Hazaristan--Zindabad”, as accused continued to shout even after taking into custody. The Hon’ble High Court listed the appeal for final hearing. In the mean while the alleged protestors under the banner ‘Save the Nation Group’ challenged this Citizenship Law of 2019 in the same High Court being against the basic Constitutional values of Baharistaan and Citizenship procedures in the Country.

Issues:

1. The alleged protestors are guilty of Sedition and shall be punished? 2. Organizing protests against State amounts to threat to peace & public order of state? 3. The Citizenship Amendment Act is against constitutional values of Baharistaan? 4. The expulsion of illegal immigrants is not threat to right of minorities of Baharistan? 5. The persecuted minorities have a right to acquire citizenship under Int. laws? In the light of above facts and issues prepare arguments.