TEAM CODE: KGS506

SEVA MANDAL EDUCATION SOCIETY'S

SMT. KAMALABEN GAMBHIRCHAND

SHAH LAW SCHOOL, MUMBAI

5TH NATIONAL MOOT COURT

COMPETITION, 2020

BEFORE THE HON’BLE SUPREME COURT OF SCINDIA

PUBLIC INTEREST LITIGATION

(UNDER ARTICLE 32 OF THE CONSTITUTION OF SCINDIA)

XYZ ………………………………… PETITIONER

V.
UNION OF SCINDIA…………….. RESPONDENT

MEMORIAL ON BEHALF OF THE RESPONDENT

_______________________________________________________________
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TABLE OF CONTENTS

LIST OF ABBREVIATIONS………………………………………… 4

INDEX OF AUTHORITIES..………………………………………... 6

STATEMENT OF JURISDICTION……………………………….. 8

STATEMENT OF FACTS………………………………………….. 9

STATEMENT OF ISSUES………………………………………….. 11

SUMMARY OF ARGUMENTS…………………………………….. 12

ARGUMENT ADVANCED………………………………………… 14

I. WHETHER A SPECIAL INVESTIGATION PROBE IN THE MATTER

OF THE ALLEGED ENCOUNTER TO BE MONITORED BY A
RETIRED SUPREME COURT JUDGE SHOULD BE ALLOWED?
1. Encounter by police constables was for purpose of self-defense.
2. Sanction to prosecute affords protection to police officers.
3. No need of special investigation probe.

II. WHETHER A COMPENSATION OF RUPEES FIFTY LAKH EACH

TO BE PAID BY THE STATE OF KIVI TO THE FAMILIES OF THE
FOUR ACCUSED IS IN ORDER?
1. Compensation can be granted if false implication is inflicted over an
accused.
2. Compensation can be granted if there has been illegal detention of the
accused by the police.
3. Granting compensation in this case isn’t justified.

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III. WHETHER THE PIL SEEKING STRINGENT ACTION AND

DISMISSAL OF ALL THE POLICEMEN INVOLVED IN THE EXTRA
JUDUCIAL KILLINGS SHOULD BE GRANTED?
1. Extra Judicial killings took place to enforce the right to private defense
2. What is right to private defense?
3. No public servant shall be held liable for act done in good faith on duty
4. Unusual powers given to the police officers under certain
circumstances
5. Right against Rape

IV. WHETHER THIS COURT SHOULD ISSUE GUIDELINES TO ALL

MEDIA REGARDING THE REPORTING BROADCASTING,
PUBLICATION OF REPORTS PERTAINING TO SERIUOS CRIMES
SUCH AS RAPE AND MURDERS WHICH HAVE THE POTENTIAL TO
INCITE VOILENCE AND CAUSE OUTRAGE AMONGST GENERAL
PUBLIC?

1. Awareness to the public in relation to events happening around the

world
2. Freedom of press and media is of outmost importance.

PRAYERS………………………………………………………………….23

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LIST OF ABBREVIATIONS

& And

¶ Paragraph

AIR All India Reporter

Art. Article

Anr. Another

Co. Company

FIR First Information Report

Govt. Government

Hon’ble Honourable

Ltd. Limited

M.P. Madhya Pradesh

NGO Non-Governmental Organization

No. Number

NHRC National Human Rights Commission

Ors. Others

PIL Public Interest Litigation

SC Supreme Court

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SCC Supreme Court Cases

SCR Supreme Court Reports

SLP Special Leave Petition

T.N. Tamil Nadu

U.P. Uttar Pradesh

UOI Union of India

v. Versus

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INDEX OF AUTHORITIES

A. CASES

1. Om Prakash & Ors. v. State of Jharkhand & Anr. , (2012) 12 SCC 72

2. Durga @ Raja & Anr. v. State of M.P, 2018
3. Rudal Shah v. State of Bihar, (1983) 4 SCC 141
4. Paschim Bangal Khet Samity v. State of West Bengal, 1996 SCC (4) (37)
5. S. Vijayshankar v. The State of T.N, 2019
6. S. Anand v. State of Tamil Nadu, 2012
7. Bodhisattwa Gautam v. Subhra Chakraborty, 1966 SCC (1) 490
8. PUCL v. Union Of India , AIR 1997 SC 568
9. Express Newspaper (Bombay) (P) Ltd. v. Union of India, (1985) 2 SCR 287
10. Printers (Mysore) Ltd. v. C.T.O. ILR 1984 KAR 1217, 1985 59 STC 306
KAR
11. R. Rajagopalan v. The State of T.N, 1995 AIR 264
12. Hamdard Dawakhana v. Union of India, 1960 (2) SCR 671
13. Ramesh Thappar v. State of Madras, 1950 SCR 594

B. CONSTITUTION AND STATUTES

1. CONSTITUTION OF INDIA
2. THE CODE OF CRIMINAL PROCEDURE, 1973
3. PROTECTION OF HUMAN RIGHTS ACT, 1993
4. BOMBAY POLICE ACT, 1951

C. JOURNALS REFERRED

1. ALL INDIA REPORTER

2. SUPREME COURT CASES
3. INDIAN LAW REPORTER

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D. DICTIONARIES REFERRED
1. Ayer P.R., Advanced Law Lexicon, (3rd ed. 2005)
2. Garner B.A., Black’s Law Dictionary, (9th ed. 2009)
3. Greenberg Daniel, Stroud’s Judicial Dictionary of words and phrases, (4th ed.),
Sweet and Maxwell, Vol. 4
4. Oxford Advanced Learners Dictionary, (7th ed. 2008)

E. WEBSITES

1. www.manupatrafast.com
2. www.scconline.in
3. www.lexisnexis.in

F. BOOKS REFERRED

1. M.P.Jain, Indian Constitutional Law, (Lexis Nexis Publications, Eighth

Edition,2018)
2. Ratanlal and Dhirajlal, The Code Of Criminal Procedure (Lexis Nexis
Publications, 23rd Edition)
3. Dr. S.K. Kapoor’s, Human Rights under International Law and Indian
Law.
4. Mahendra C. Jain, The Maharashtra Police Act, 1951

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STATEMENT OF JURISDICTION

THE PETITIONER HAS APPROACHED THE HON’BLE SUPREME COURT OF

SCINDIA UNDER ARTICLE 32 OF THE CONSTITUTION OF SCINDIA.

ARTICLE 32 –

32. Remedies for enforcement of rights conferred by this Part

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of
the rights conferred by this Part is guaranteed

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs
in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari,
whichever may be appropriate, for the enforcement of any of the rights conferred by this Part

(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ),
Parliament may by law empower any other court to exercise within the local limits of its
jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 )

(4) The right guaranteed by this article shall not be suspended except as otherwise provided
for by this Constitution.

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STATEMENTS OF FACTS

For the sake of brevity and convenience of this Hon’ble Court the facts of the present case are
summarized as follows:

1. A young media professional of 26 years age was brutally raped and murdered on
27th of July 2018 in the Latvia City under province of Kivi. Her dead body was
found on 29th of July 2018 at Pashabad, one twenty kilometers away from the crime
scene under a bridge located along National highway number 6.

2. Aggressive reaction broke out from the public through various media platforms and
protests demanding justice which resultantly put up a lot of burden on the state
police department to deliver fair and speedy investigation at the earliest.

3. During investigation, the state police department came across the CCTV footage
installed at the toll booth which was approximately situated eighty kilometers away
from the crime scene and it clearly showed faces of all the four suspects who were
arrested. Further, statements of truck drivers who were seen in the footage were
taken into consideration to reconstruct the entire crime.

4. When all the four accused were taken to the crime scene on 4 th of August 2018 at
around 3.30 am, two of them attempted to escape police custody by disarming two
police constables and started firing at the police constables which ultimately led to
an encounter. Two of the accused died on the spot and other two were declared dead
at the hospital due to their critical injuries.

5. National Human Rights Commission of Scindia took suo-moto cognizance of the

encounter report alleging that proper procedure of law wasn’t followed and
demanded centralized special investigation team to investigate into the same.

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6. Public Interest Litigation has been filed seeking such special investigation probe and
demand for paying compensation of rupees fifty lakhs to the family of each accused
is made. Further, PIL seeks stringent action against policemen involved in the
encounter and requests the court to issue guidelines regarding the reporting,
broadcasting, publication of such severe crimes to avoid violence and outrage
amongst the general public.

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STATEMENT OF ISSUES

I. WHETHER A SPECIAL INVESTIGATION PROBE IN THE MATTER OF THE ALLEGED ENCOUNTER

TO BE MONITORED BY A RETIRED SUPREME COURT JUDGE SHOULD BE ALLOWED?

II. WHETHER A COMPENSATION OF RUPEES FIFTY LAKH EACH TO BE PAID BY THE STATE OF
KIVI TO THE FAMILIES OF THE FOUR ACCUSED IS IN ORDER?

III. WHETHER THE PIL SEEKING STRINGENT ACTION AND DISMISSAL OF ALL THE POLICEMEN
INVOLVED IN THE EXTRA JUDUCIAL KILLINGS SHOULD BE GRANTED?

IV. WHETHER THIS COURT SHOULD ISSUE GUIDELINES TO ALL MEDIA REGARDING THE
REPORTING BROADCASTING, PUBLICATION OF REPORTS PERTAINING TO SERIUOS CRIMES
SUCH AS RAPE AND MURDERS WHICH HAVE THE POTENTIAL TO INCITE VOILENCE AND
CAUSE OUTRAGE AMONGST GENERAL PUBLIC?

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SUMMARY OF ARGUMENTS

1. Whether a Special Investigation Probe in the matter of the alleged encounter to

be monitored by a retired Supreme Court Judge should be allowed?

The Council on the behalf of the Respondent most humbly submits that the Hon'ble Retd.
Supreme Court judge should not allow Special Investigation Probe in matter to alleged
encounter, as first we should understand what is the Motive to appoint the Special
Investigation Probe.
Special investigation team:-
SIT is appointed to make a report on a specific matter by the direction of the Court. This is
done in cases where it may be that the existing investigative agencies are not perceived to be
able to conduct a proper investigation in the matter. In the instant case, Policemen on duty
also need to be protected for the discharge of their honest duties. Section 100 of the Indian
Penal Code provides that right to self-defense to be extended to causing death in appropriate
cases.

2. Whether a compensation of Rupees Fifty Lakh each to be paid by the

State of Kivi to the families of the four accused is in order?

The Council on the behalf of the Respondent most humbly submits that, the idea behind
providing compensation is legal as well as humanitarian. The theory of compensation in
criminal law is mainly about compensation to the victim of a crime. A victim to a crime is
one who has suffered any loss because of some act or omission of the accused. But in this
case the persons who are encountered are accused for the serious crimes of rape and murder.
Therefore we humbly submit to the Hon'ble Court not to provide any type of compensation to
the families of accused.

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3. Whether the PIL seeking stringent action and dismissal of all the
Policemen involved in the extra judicial killings should be granted?

The Council on the behalf of the Respondent most humbly submits that, PIL is not
maintainable as the act done by the accused was violate of the rules of law. The right of self-
defense is the right for people to use reasonable force or defensive force, for the purpose of
defending one's own life (self-defense) or the lives of others, including –in certain
circumstances– the use of deadly force. IPC Section100 states that the right of private defense
of the body extends to causing death or of any other harm to the assailant. Also we submits
that, Section-46 of the CrPC states that, it authorizes the police to use force, extending up to
the causing of death, as may be necessary to arrest the person accused of an offence
punishable with death or imprisonment for life. Therefore, the police force has the right to
injure or kill the criminal, for the sole and only purpose of self-defense or where it is
imminently necessary for the maintenance of peace and order.

4. Whether the Courts should issue guidelines to all media regarding the reporting
broadcasting, Publication of reports pertaining to serious crimes such as rapes
and murders which have the potential to incite violence and cause outrage
amongst general public?

The Council on the behalf of the respondents most humbly submits that, Media plays a
significant role in keeping everyone updated about the various events around the world. A
vast majority of people, all across the world, rely upon various sources of media for keeping
themselves updated on various ongoing issues around the world. Media plays an important
role for the whole society. It is further stated that, Article 19 of the international covenant on
civil and political rights, 1964 and Article 19(1) (a) of the constitution of India embodies the
right to freedom of speech. The rights under Article 19(1) (a) includes the right to
information and right to disseminate through all types of media, whether print, electronic or
audiovisual means.

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ARGUMENTS ADVANCED

1. SPECIAL INVESTIGATION PROBE IN THE MATTER OF THE

ALLEGED ENCOUNTER TO BE MONITORED BY A RETD.
SUPREME COURT JUDGE SHOULD NOT BE ALLOWED.

i. Encounter by police constables was for purpose of self-defense.

It is most humbly submitted before this Hon’ble court that police officers are government
servants under contemplation of law, aware of their rights and duties, hence they cannot
submit false statements or make excessive use of their authorities. It is further submitted that
the state police department officers had taken all the four accused to the crime scene for the
purpose of recreating the entire crime as a part of their investigation. Two accused considered
this as an opportunity to get out of the police custody by somehow snatching pistols from
police constables and started firing at them. Police constables had no option other than firing
back to save themselves. Hence, encounter was an act out of self-defense by the police
department. Two accused died on the spot and other two were taken to the nearest hospital at
Pashabad at the earliest with an intention to save them but they were declared to be dead due
to severe injuries in the encounter.

ii. Sanction to prosecute affords protection to police officers.

It is further brought to the notice of this Hon’ble court that there is a tremendous rise in the
incidents where in police constables are attacked and even at times killed while performing
their duty. Official record should be maintained by following the proper procedure with

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detailed information of such cases. There is a requirement of sanction to prosecute affords

protection to police officers who are bound by their legal duty to arrest such criminals and
such circumstances arise in due course where in police officers are obliged to take stringent
action against such criminals to protect life of people, property of people or to protect their
own life. Sanction must be pre-condition to their prosecution and it affords necessary
protection to such police personnel.

iii. No need of special investigation probe

It is further contended that in case of Om Prakash and Ors. v. State Of Jharkhand and
Anr, , (2012) 12 SCC 72 it was alleged to be a fake encounter but later apex court affirmed that
encounter was genuine in all terms though according to guidelines issued by NHRC for
photography of autopsy was not complied with.

Considering the above submissions, there is not any requirement of special investigation
probe in the concerned matter as it can be clearly stated that encounter was genuine for
purpose of self-defense and such an investigation would result in waste of time and efficiency
of the authorities.

2. COMPENSATION OF RUPEES FIFTY LAKH EACH SHOULD NOT BE PAID

BY STATE OF KIVI TO THE FAMILIES OF THE FOUR ACCUSED.

i. Compensation can be granted if false implication is inflicted over an

accused

It is most humbly submitted before this Hon’ble court that false implication of any
accused in a criminal case entitles him to a certain amount of compensation to be paid by the
trail court but in this case crime committed by all the four accused is witnessed by truck
drivers seen in the CCTV footage, hence implications upon the accused are not false under
any conditions and question of paying such compensation to criminals doesn’t even arise.
Durga @ Raja and Anr. V. State of Madhya Pradesh, 2018 makes it evident that rupees
one lakh were granted to each appellant as compensation for the injustice inflicted over them

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by way of false implication. Scindia’s criminal jurisprudence emphasizes more over avoiding
of false implication of an innocent to the extent where hundred guilty may go Scot-free. The
spirit behind the same is very pious.

It if further submitted that in Radul shah V. State of Bihar (1983) 4 SCC 141, court had
ordered the state to pay rupees 35,000 in total as a compensation to petitioner in form of
damages relating to his unlawful detention. Aforesaid case was considered to be a landmark
judgment which led to the emergence of compensatory jurisprudence for the violation of
fundamental rights under The Constitution. No such express provision exists in the text of
constitution of Scindia relating to such compensation and this was the first judgment where in
supreme court awarded monetary compensation to a person whose fundamental rights were
violated and this grant was in addition to the right of the aggrieved person to bring an action
for damages in civil law or in tort. Later, compensation was granted by supreme court in
many cases where in it was held that compensation would be awarded only in ‘appropriate
cases’ which seemed to primarily involve right to life and liberty which included illegal
detention and unlawful deaths.

ii. Compensation can be granted if there has been illegal detention of the
accused by the police

It is further contended that in S. Anand vs. The State of Tamil Nadu, considering the
relevant facts and period of detention court opined that rupees one lakh would be appropriate
compensation for the physical injuries, humiliation, torture, pain caused to the petitioner and
medical expenses incurred by him with regard to the same.

Similarly in Paschim Bangal Khet Samity v. State of West Bengal (1996) SCC (4) (37),
Supreme Court upheld that the right to life included the right to health and compensation was
granted by way of redress with explicit reference to the Rudul Shah case, (1983) 4 SCC 141.

iii. Granting compensation in this isn’t justified by any means

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It is most humbly submitted to this Hon’ble court that all the four accused had committed
heinous crime which isn’t excusable at any cost. They had confessed their crime to the police
department and it was very evident by statements given by the witnesses and CCTV footage.
Government isn’t obliged to pay any money in form of compensation to such guilty minded
people. They deserved to get punished for their act and payment in form of compensation to
their families would make them look like heroes. Court can take cognizance of the entire
matter and look over their crime again in detail until Hon’ble court, public and media are
satisfied that they were the real culprits but paying compensation to such criminals would
give misleading message to the entire society and would amount to injustice to sexually
assaulted women and rape victims of the nation at large.

Therefore, Compensation of rupees fifty lakh shouldn’t be granted to families of the four
accused who died in police encounter by state of Kivi.

3. PIL SEEKING STRINGENT ACTION AND DISMISSAL OF THE ALL THE

POLICEMEN INVOLVED IN THE EXTRA JUDICIAL KILLINGS SHOULDN’T
BE ALLOWED.

i. Extra Judicial killings took place to enforce the right to private defense

It is most humbly submitted before this Hon’ble Supreme court of Scindia that an encounter
is a euphemism used especially in Scindia, to describe extra-judicial killings in which police
or the armed forces are involved. Primarily, encounters were rare, they were used as a means
devised to deal with complex situations and as a means of self-defense. In almost all cases
where encounter have taken place, it is done for the self-defense of the police officer. This
generally happens when the police is trying to arrest the criminal, but the criminal opens fire
or tries to escape.

The only two circumstances in which such killing would not constitute an offence are:

I. If death is caused in the exercise of the right of private defense and,

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II. If it is necessary to arrest the person accused of an offence punishable with death or
imprisonment for life – under Section 46 of the Cr.P.C. which authorizes the police to use
force, extending up to the causing of death, as may be.

ii. What is Right to Private Defense?

Right to private defense is natural and inherent right of every human being; this is recognized
through section 96 of Indian Penal Code (IPC). The provision states that, “nothing is an
offence which is done in the exercise of the right of private defense.” Whereas IPC Section
100 enumerates the situations in which the right to private defense of the body extends to
causing death namely, first where an assault is such as may reasonably cause apprehension
that death will otherwise be the consequence of such assault. Secondly such an assault as may
reasonably cause the apprehension that grievous hurt will otherwise be the consequence of
such assault. Hence, in cases where there exists reasonable apprehension in mind of police
officer hat there exists threat to life or limb, they are justified in exercising right of self-
defense which may also extend to causing death. Right to self-defense commences as soon as
reasonable apprehension of danger to body arises from an attempt or threat to commit the
offence though offence may not have been committed. Further, it is well established that a
person faced with eminent peril of life or limb is not expected to weigh in golden scale the
precise force required to repeal the danger, and if he carries his defense further at the heat of
moment law makes due allowance for it.

iii. No public servant shall be held liable for act done in good faith on duty

It is most humbly submitted before this Hon’ble court that Section 160 of the Bombay Police
Act 1951, read with Bombay Police Manual, which provides that no public servant shall be
liable to any penalty for giving effect in good faith to any order or direction issued with
apparent authority by the state government. Similarly section 28 of the Bombay Police Act
1951, provides that a police officer will be always deemed to be on duty. So police officer is

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always vested with all the powers conferred by law, even though duty period is over. Thus it
can be seen from abovementioned discussion that though, not directly or specifically
permitted, encounter can be supported under various enactments. The police force has the
right to injure or kill the criminal, for the sole and only purpose of self-defense or where it is
imminently necessary for the maintenance of peace and order. However, nothing must be
done to settle personal feuds or with any ulterior malafide motives, which could be apparent
from the facts of each case. Although, there is no provision in the Indian law that directly
authorizes the encounters of criminals, however, there are certain enabling provisions which
may be interpreted differently to vest police officers with certain powers to deal with
criminals.

iv. Unusual powers given to the police officers under certain circumstances.

It is further contended that, in PUCL V. UOI, AIR 1997 SC 568, the Supreme Court
categorically said that, “Under certain conditions, certain additional and unusual powers have
to be given to the police to deal with terrorism. It may be necessary to fight terrorism with a
strong hand, which may involve vesting of good amount of discretion in the police officers or
other paramilitary forces engaged in fighting them. If the version of the police with respect to
the incident in question were true there could have been no question of any interference by
Court. Nobody can say that the police should wait till they are shot at. It is for the force on
the spot to decide when to act, how to act and where to act. It is not for the Court to say how
the criminals should be fought. One cannot be blind to the fact that even after fifty years of
our Indian independence, our territorial integrity is not fully secure. There are several types of
separatist and terrorist activities in several parts of the country. They have to be subdued.
Whether they should be fought politically or be death with by force is a matter of policy for
the government to determine. The Courts may not be the appropriate forum to determine
those questions. All this is beyond dispute. ” Thus, from above discussion it becomes clear
that police force has right to injure or kill the criminal, for the sole and only purpose of self-
defense or where it is imminently necessary for the maintenance of peace and order.

v. Right against Rape

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Rape has been held to a violation of a person’s fundamental life guaranteed under Art. 21.
Right to life right to live with human dignity. Right to life, would, therefore, include all those
aspects of life that go on to make life meaningful, complete and worth living.

In Bodhisattwa Gautam v. Subhra Chakraborty, 1966 SCC (1) 490 the Supreme Court held
that:

“Rape is thus not only a crime against the person of a woman (victim), it is a crime against
the entire society. It destroys the entire psychology of a woman and pushed her into deep
emotional crises. It is only by her sheer will power that she rehabilitates herself in the society,
which, on coming to know of the rape, looks down upon her in derision and contempt. Rape
is, therefore, the most hated crime. It is a crime against basic human rights and also violates
of victim’s most cherished of the fundamental rights, namely, the right to life with human
dignity contained in Art 21”.

If all the four accused would have become successful in their attempt to escape police
custody, they would have definitely committed the crime of raping women and killing them
to hide their heinous act. Encounter was mandatory to prevent other females of the nation
from being rape victims, hence it was an act done by police officers in interest of public.
Police officers further opined that there is a high probability of involvement of such hard core
criminals in similar crimes especially in case of missing women. 

It is further contended that the prominent parliamentarian, Mr. Paya Aachan had demanded
immediate execution and death penalty for all the four accused so that speedy justice could be
delivered to young media professional. If police constables would have not taken instant
decision of encounter they would have given freedom to such criminals to commit such
similar crimes and delivering justice which has now become a parliamentary concern as well,
might not have achieved.

Hence, considering the above mentioned points PIL seeking stringent action and dismissal of
all policemen involved in extra judicial killings shouldn’t be granted.

4. COURT SHOULD NOT ISSUE GUIDELINES TO ALL MEDIA REGARDING

THE REPORTING BROADCASTING, PUBLICATION OF REPORTS

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PERTAINING TO SERIUOS CRIMES SUCH AS RAPE AND MURDERS

WHICH HAVE THE POTENTIAL TO INCITE VOILENCE AND CAUSE
OUTRAGE AMONGST GENERAL PUBLIC

i. Awareness to the public in relation to events happening around the

world

It is most humbly submitted before this Hon’ble court that with the rise of newsgathering
mobile apps such a Times of Scindia, in-shorts along with cabled televisions, internet, a
newspaper in almost every regional languages and radio broadcast, media has laid its web
onto the minds of almost every citizen who comes in contact with such resources. This
tremendous outreach makes people from every corner of this world aware of the events
happening around the world and is regularly informing them of public matters.

It is further submitted that the Rich industrialist, corrupt ministers and even the known
celebrities often get rid of court trials by bribing the police officials who later refuse to file
FIR against them. For example, Bill Clinton, 42nd President of American was known to have
assaulted four women tried his best to keep this controversy away from the press. Media
being a watchdog of such misdemeanors, exposed the dark side of their president which later
led to the impeachment of Bill Clinton. Media plays a very crucial role in moulding the mind-
set of the present generation and does an incredible job in bringing the criminal on the hook.
The fear of being exposed and publicly shamed, everyone from the most powerful business
tycoon to a normal college going teenager are now aware of their actions and the
consequences of their actions. In a way, it curbs the number of crime cases happening every
day. Media is regarded as one of the pillars of democracy. Media has wide ranging roles in
the society. Media plays a vital role in molding the opinion of the society and it is capable of
changing the whole viewpoint through which people perceive various events. The media can
be commended for starting a trend where the media plays an active role in bringing the
accused to hook. Media do play a role as Watch dog and bring the facts as it is there. It act as
mirror for the society. It brings only what is happening around and make the legislatures and
government answerable for the act of them. In cases media only brings the facts coming from
investigating agencies and put it in front of the society, so that society can be aware of the
facts happening around them. They have a right to know and express their views on that
particular case and media just act as a platform to bring the voice of the society.

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ii. Freedom of press and media is of utmost importance

It is most humbly submitted before this Hon’ble court that In the case of Express
newspapers (Bombay) (P) Ltd. V UOI, (1985) 2 SCR 287 the Supreme Court stated that
“freedom of the press is the heart of social and political intercourse. The press has now
assumed the role of the public educator making formal and non-formal education possible on
a large scale particularly in the developing world, where television and other kinds of modern
communication are not still available for all sections of society. The purpose of the press is to
advance the public interest by publishing facts and opinions without which a democratic
electorate i.e. Government cannot make responsible judgments. Newspapers being purveyors
of news and views having a bearing on public administration very often carry material which
would not be palatable to Governments and other authorities.” This statement clearly points
out to the fact that freedom of press and media is of utmost importance for the proper
functioning of the democratic setup.

It is further submitted that in Printers (Mysore) Ltd. vs. CTO, ILR 1984 KAR 1217, 1985
59 STC 306 KAR the Apex Court stated that freedom of the Press is not a fundamental right
which has been expressly guaranteed, but interpretation the Constitution implies that it is
essential to give freedom of expression to the Press.

In the judicial pronouncement of R. Rajagopalan vs. the State of T.N., 1995 AIR 264 the
Court stated that this right extends to cases where public figures, public events, and issues are
involved but a balance should be maintained between public events and private lives of
people. Therefore, it is clear that the freedom of speech and expression gave to the Press is
conferred by Article 19 (1) (a) of the Constitution, and since the Press does not stand any
different from the other citizens of the country, no special restriction can be placed upon it.

In the case of Hamdard Dawakhana vs. UOI, 1960 (2) SCR 671, It was opined by the
Court that right also includes the right to gain information and knowledge about matters that
are of common interest.

In Ramesh Thappar vs. State of madras, 1950 SCR 594, it was held that the freedom
includes the freedom of ideas, their publication and circulation. Therefore by the above
mentioned case laws it is humble submitted that the media should not be restraint regarding

Memorial on behalf of Respondent

 KGS506

reporting broadcasting, publication of reports pertaining to serious crimes such as rapes and
murders, because it is necessary to every citizen of country to know what is happening
around the world. This will bring attentiveness in the society.

Hence, only if people are aware about crimes happening around them they can take initiatives
to prevent themselves from being one of such victims. If court issues guidelines to filter
details of such crimes, people won’t have knowledge about techniques used by criminals for
committing a crime and probability of innocent people falling into such crimes will
ultimately increase.

PRAYERS

Wherefore, in the light of the facts stated, issues raised, arguments advanced and Authorities
cited, the Counsels on behalf of the Respondent humbly pray before this Hon’ble Court that it
may be pleased to adjudge and declare that:
 
1.         Set aside the PIL for special investigation probe in the matter of the alleged
encounter to be monitored by a retired Supreme Court judge.
 
2.         Order and direct that compensation of rupees fifty lakh should not be paid by
the State of Kivi to the families of each of the four accused.
 
3.         Set aside the PIL for seeking stringent action and dismissal of all the
            Policemen involved in extra judicial killings.
 
4.         Set aside the PIL for issuing guidelines to all media regarding the reporting
Broadcasting, publication of reports pertaining to serious crimes such as rapes and
murders, which have the potential to incite violence and cause outrage amongst
general public.
 
And/or
 
Pass any other order that the court may deem fit in the light of equity, justice and good

Memorial on behalf of Respondent

 KGS506

Conscience and for this Act of kindness of Your Lordships the Respondent shall as duty
bound ever pray.
 
 
 
 
 
                                                                                                                  Sd/-
                                                                                 COUNSELS FOR THE RESPONDENT

Memorial on behalf of Respondent