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
