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INDIAN INSTITUTE OF LEGAL STUDIES

INTRA MOOT COURT COMPETITION
2017

IN THE HON’BLE SUPREME COURT OF DEHRI

UNDER ARTICLE 32 OF
CONSTITUTION OF YUNESIA

MR. MAHENDRA SITZU

v.
STATE OF NEW DEHRI

MEMORIAL SUBMITTED ON BEHALF OF THE RESPONDENTS

COUNSEL APPEARING ON BEHALF OF

STATE OF DEHRI

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TABLE OF CONTENTS

INDEX OF AUTHORITIES

 LEGISLATION
 CASES REFERRED
 BOOKS REFERRED
 LAW LEXICON AND DICTIONARIES
 LEGAL DATABASES

LIST OF ABBREVIATIONS

STATEMENT OF JURISDICTION

STATEMENT OF FACTS

ISSUES RAISED

SUMMARY OF ARGUMENTS

ARGUMENTS ADVANCED

I. Whether Mr. Targaryen committed an offence u/s 30 of the Arms Act, 1959?

II. Whether the prosecution impinged upon Jon Targaryen constitutes an

unreasonable restriction on the freedom to carry out any trade or occupation
under article 19(1)(g) of the constitution of India?

III. Whether a magistrate can direct registration of an FIR under Sections 153A,
153B and 295A, more particularly when sanction under section 196 of the
code of criminal procedure has not been obtained?

IV. Whether sections 295A, 153A and 153B are violative of rights under Article
19 of the Constitution?

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PRAYER

INDEX OF AUTHORITIES

LEGISLATION

1. ..
2. ..

CASES REFERRED

1. ..
2. ..

BOOKS REFERRED

1. ..
2. ..
3. ..

LAW LEXICON AND DICTIONARIES

1. ..
2. ..

LEGAL DATABASES

1. ..
2. ..

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LIST OF ABBREVIATIONS

AIR All India Reporter

AP Andhra Pradesh

Art. Article

Bom. Bombay

Cal. Calcutta

CHN. Calcutta High Court Notes

CrLJ Criminal Law Journal

CrPC Criminal Procedure Code

Ed. Edition

HC High Court

Hon’ble Honourable

ILR Indian Law Reporter

IPC Indian Penal Code

J. Justice

Ltd. Limited

MP Madhya Pradesh

NOC Notes Of Cases

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Ors. Others

Pat. Patna

QB Queen’s Bench

S. Section

SC Supreme Court

SCC Supreme Court Cases

SCR Supreme Court Reporter

UP Uttar Pradesh

v. Versus

Vol. Volume

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STATEMENT OF JURISDICTION

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STATEMENT OF FACTS

1) That Mr. Jon Targaryen, who hails from Kolkata, India, is a renowned professional
shooter. He represented India ion Hunger Games 2012 and won several gold medals
for the country.
2) That Mr. Jon Targaryen is married to Shae Targaryen who is a journalist by
profession. Mrs Shae Targaryen regularly publishes political article on her blog
‘Queen of Andals’.

A. CASE CONCERNING CARTRIDGES

3) That being a professional shooter, Mr. Targaryen had an arms license which permitted
him to carry 500 live cartridges of all legal bores. The Master of Whisperers also
permitted him possession of 15,000 live cartridges.
4) That after the Hunger Games he was scheduled to return to Kolkata via Delhi from
Toronto. Mr. Jon Targaryen purchased 50 live cartridges at Toronto and the same was
carried by him to India. However his Arms license had no stipulation in relation to
carrying of cartridges on flights in India.
5) That the flight landed at Delhi. However the employees of the Airlines upon landing
at Delhi observed a flash strike. An alternative domestic flight was arranged for the
onward journey to Kolkata for the passengers. Just when Mr. Jon Targaryen was
about to board his onward flight to Kolkata, he was arrested for having in his check-in
baggage 50 live cartridges.
6) That he was accused of committing an offence under Section 30 of the Arms Act,
1959 and was summoned by the learned magistrate.

B. HATE INCITED BY MRS SHAE TARGRYEN

7) That Mrs Shae Targaryen on the day after the arrest of her husband published an
article highlighting the fact that her husband was arrested for an offence under section
30 of Arms Act, 1959.

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8) That Mrs Shae Targaryen with intent of inciting hate mongering among communities
linked the incident of her husband’s arrest with the fact that the government has
targeted her husband as he belongs to minority community. She also alleged the chief
minister to be on his way to organise genocide against minority community.
9) That immediately after the publication of the said statement Mrs Targaryen received
an email telling her to stop publishing such blogs.
10) That Mrs Targaryen filed a complaint and it was found that she herself was liable to
be charged u/s 153A, 153B and 295A of the IPC.
11) That the magistrate directed the police to register an FIR against Mrs Targaryen.

C. MATTER BEFORE THE COURT

12) Hence both Mr. & Mrs Targaryen filed this matter before the High Court which is
now listed for joint hearing.

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ISSUES RAISED

ISSUE I

WHETHER MR. TARGARYEN COMMITTED AN OFFENCE U/S 30 OF THE

ARMS ACT, 1959?

ISSUE II

WHETHER THE PROSECUTION IMPINGED UPON JON TARGARYEN

CONSTITUTES AN UNREASONABLE RESTRICTION ON THE FREEDOM TO
CARRY OUT ANY TRADE OR OCCUPATION UNDER ARTICLE 19(1)(G) OF THE
CONSTITUTION OF INDIA?

ISSUE III

WHETHER A MAGISTRATE CAN DIRECT REGISTRATION OF AN FIR UNDER

SECTIONS 153A, 153B AND 295A, MORE PARTICULARLY WHEN SANCTION
UNDER SECTION 196 OF THE CODE OF CRIMINAL PROCEDURE HAS NOT
BEEN OBTAINED?

ISSUE IV

WHETHER SECTIONS 295A, 153A AND 153B ARE VIOLATIVE OF RIGHTS

UNDER ARTICLE 19 OF THE CONSTITUTION?

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SUMMARY OF ARGUMENTS

I. WHETHER MR. TARGARYEN COMMITTED AN OFFENCE U/S 30 OF THE

ARMS ACT, 1959?
II. WHETHER THE PROSECUTION IMPINGED UPON JON TARGARYEN
CONSTITUTES AN UNREASONABLE RESTRICTION ON THE FREEDOM TO
CARRY OUT ANY TRADE OR OCCUPATION UNDER ARTICLE 19(1)(G) OF
THE CONSTITUTION OF INDIA?
III. WHETHER A MAGISTRATE CAN DIRECT REGISTRATION OF AN FIR
UNDER SECTIONS 153A, 153B AND 295A, MORE PARTICULARLY WHEN
SANCTION UNDER SECTION 196 OF THE CODE OF CRIMINAL
PROCEDURE HAS NOT BEEN OBTAINED?
IV. WHETHER SECTIONS 295A, 153A AND 153B ARE VIOLATIVE OF RIGHTS
UNDER ARTICLE 19 OF THE CONSTITUTION?

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ARGUMENTS ADVANCED

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PRAYER

IN THE LIGHT OF THE ISSUES RAISED, ARGUMENTS ADVANCED AND

AUTHORITIES CITED, THE COUNSEL FOR RESPONDENTS HUMBLY PRAYS THAT
THE HON’BLE HIGH COURT BE PLEASED:

A. ..
B. ..
C. ..
D. ..

AND/OR

PASS ANY ORDER THAT THIS HON’BLE COURT MAY DEEM FIT IN THE
INTEREST OF JUSTICE, EQUITY AND GOOD CONSCIENCE.

AND FOR THIS ACT OF KINDNESS, THE COUNSELS FOR

THE RESPONDENTS AS IN DUTY BOUND

SHALL EVER PRAY.

COUNSEL FOR THE RESPONDENTS

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