Queries & Clarifications: ‘We have recently received queries from teams, who have sought a clarification on thee Moot Problem asunder: Ql. Can we place reliance on set/statutes not in pari materia with Ozal's stitutes? Inching International statutes |AL, Reliance on statutes which ae nt in pari materia with Statutes of Orala can be placed by the Participants. (Q2. What is the meaning of “regular legislative business” as mentioned under the notes for counsel? Doe it include the assent ofthe president? ‘Ad. The amendment was passed and promulgated as per law by the Union of Ozala, The ‘manner of passing cannot be challenged in the present proceeding. Q3. Are Ozala and Yada bound by WHO's International Health Regulations (a testy which binds ll 196 countries in the world? AB. No Clarification is required, Qf. Whether Quantisa was in police custody ot judicial custody frm the dae of ares til the cargeshee inl report was filed? ‘Ad. The period spent in Police Custody was within the maximum period permissible under law. Chargesheet was filed within the stipulates time, 05. Code of Criminal Procedure, 1973 was amended and section 438A was inserted by Union of Oral or Sate of Aspar? AS. No Clarification is required. Q6. Epidemic Diseases Act, 1897 and the Epidemic Diseases Act, 1897 in India are in pari AG. Yes, (Q7. Whether the issues given in para 16 ofthe Moot Problem are exhaustive? Or, Isues other than given para 16 ofthe Moot Problem canbe raised? 'AT, Participants may raise all issues, besides those mentioned inthe Moot Prblem, 8, Can issue of maintainability of writ pation and msinsinabiliy of challenge of rejection ‘of bil application by the High Cout before the Supreme Court be raised? |A8. Participants may raise all ssues, besides those mentioned inthe Moot rab, 1THE K.K,LUTHRA MEMORIAL MOOT COURT, 2021 (09. Onpage 4 ofthe moot problem i's written Ozolon penal code 1870.1 havea con fusion here ist 1870 or 18607 ‘A9. _Itis Ozalan Penal Code 1860, Q10. On page 8, the 2nd subsection of aticle 439A seems contradictory. is there a typing sistake? ‘AO. Section 4394 (i) stands comected and read as follows ‘where the Public Prosecutor opposes the application, the court is stifed that there are ‘reasonable grounds fr believing that he isnot guilty of such offence and tat Ire Is not ely to commit any offence while on bat QL. In the given moot problem its been writen thatthe Part Il and Seventh schedule of Indian constitution and Ozalan Constitution are in para materia, So, dies that mean we can apply any othe rls of Indian constitution? Because in mater ofjurisdiction if we see, the appeal against the bal of High court can be challenge in Supreme court under atc 136. AIL, Article 136 of the Constitution of Ozala is pari materia with Anicle 136 of the Constitution of Indi (Q12, Whether the“Aspar Epidemie Disease COVID 19 Regulations, 2020" was issued under the Epidemic Diseases Act, 1897? Al2. No Clarification i quired. Q13,_ Whether the Epidemie Diseases Act, 1897 in Ozala, and The Epidemic Diseases Act, 1897 in India ae in pari materia? ANB. Yes Q14. Which charges have been mentioned inthe ChargesheeUFinal Report? Ald, The same offences for which FIR has been registered, have been mentioned in the (Chargesheed Final Report 15. Whether maintinsbiliy of SLP can be taken as an aditional issue as it has been mentioned inthe moot proposition that it has been admitted for final heing? [AIS Pantieipants may raise all issues, besides those mentioned inthe Moot Problem, Q16. Can we raise additional issues with regards to the mesits of the case 2s inthe offences ‘under IPC are made out or nat?THE K.K, LUTARA MEMORIAL MOOT COURT, 2021 |A16, Participants may raise al issues, besides those mentioned inthe Moot Prablem, 17, The twin conditions as given in the "notes for counsels" inthe moot preposition Con page no, 7 and 8) seems to be the clause () and (i) of section 439A, whereas inthe ist no. | it seems to be "reasonable grounds for believing tht a person isnot gui of an effence™ and that the person "is not likely to commit any offence while on bai. Request you to Kindly clarify as to what exactly isthe win condition, AIT. Section 4394 (i) stands corrected and reads a5 follows ‘where the Public Prosecutor apposes the application the court ie satiied that there are ‘reasonable grounds fr believing that he isnot gully of such offence ond that he is not ikely to commit any offence while on bal." 18. Whether the Aspar Epidemic Diseases COVID 19 regulations, 2020 isin pari materia with the Dei Epidemic Diseases COVID 19 regulations, 20207 ALB. No Clarifications necessary 19. Whether the "Aspar Epidemic Diseases COVID-I9 Regulations. 2020" were the only regulations enacted under Section 3 of Epidemic Diseases Act, 1897 and apart from these regulations, there was no order and no regulations? Ie i very importa for counsels so tha we ean understand which isthe nly dispute provision? 19, These Regulations ae the only relevant Regulations issued under the Epidemic Diseases Act, 1897, (220, With respect to the investigation of Ms. Quantisa, was a complaint mide by the public servant whose order was contravened with ws 188 IPC? Who as the complainant inthe FIR? ‘N20, No clarification is required (21, Has Miss. Quantsa violated any regulation (issued by the state of Aspar ander section 3 of| Epidemic Diseases Act) other than the one mentioned under pare 4 of the moot Proposition, Ifyes, what i the nomenclature of suh regulation? ADL. No clarification is required. (022. Whether the theory of basic stuctueis accepted in Oza? |A22, No clarification i required (023. Is there any regulation issued under section 3 of Epidemie Diseases Act which deals with deliberately spreading Covid-19?‘THE K LUTHRA MEMORIAL MOOT COURT, 2021 A23, No claification is rquied, (024. Whether a public servant had given a writen complain 1. violation o regulation under section 3 of Epidemic Diseases Act, 1897? 24, "No clrifiation is equied 2S. Whether the mater has been listed for final hearing on 160120219 A2S._ No clifton s equi (226. Are the clizens of Yada aware of the severity of COVID-192 Is the information Periining to the numberof domestic and international cases being ccnealed from the Sian of Vada a wel? 26, No clarification is required. 1027. Forhow long were the Covid positive paint of the ceremony hospitalked? AMT. No laifiationsncessary. (Q28,_ Is Article 139 ofthe Indian Constitution in pari materia with the Ozalan Consition? ‘A28._ No claifction is necessary. 029. Who isthe complainant of the FIR against Ms Quantss? A29, No catficaion is necessary (030. Were the citizens of Yada and 0 March regarding COVID-192 ware ofthe WHO guidelines released till 13h ASO. No claifcation is scesay Q31. Can rtiance be placed upon the Foreign Nationals Act, 1946? ASL. No (032. When isthe heating? [AS2._ No laifction is required 33. When dd Ms Quantisa recover? A week before or aer her aest? ASS. No laifcation is equird. (Q34. Was the Chargesheet filed by the police (given in para 13 of the problem) supplemented ‘ith a writen complaint from the relevant public servant?THE K.K. LUTHRA MEMORIAL MOOT COURT, 2021 AB4. No clarification is rquied (Q35. Is the legal system of OZALAN pari materia with the legal system of INDIA, as inthe applicability of case laws, the persuasive values of cases fom high courts and Supreme ‘courts, the powers of the courts? 'A35._ The previous decisions ofthe Supreme Court of Inia or High Courts of india woud carry the same value in the present case as they would on a nine-judge bene! ofthe Supreme CCout of tna Q36. What evidence did the FIR present to indicate thatthe accused had knowledge of the Regulations issued by the slate of Aspar, the Axpar Epidemic Diseases COVID 19 Regulations, 20207 ASG. Nowl cation is required (Q37. What steps did the State of Aspar take to promulgate the information about the “Aspar pidemie Diseases COVID 19 Regulations, 2020 ABT. No clarification is require. Q38. What was the objective behind introducing the section 43947 We censder providing cerain additional regulations for the people violating guidelines issued under epidemic disease ac’ as the objective but the query stems out ftom the objective which the legislature had behind introducing identical grounds in various othe states i. to speed 1p the iil’. This concern makes quintessential for us to know the exact bjetve -A38._ No clarification is requied 939. Are the twin conditions of bail applicable on all the four charges? or iit applicable only ‘on section 188 IPC? Because section 3 of the epidemic disease act expicil lays down that whoever violates any order o regulation made under this act sal be deemed to have ‘commited an offence under section 188 of IPC A39, Nolaritication necessary. (Q40. Are all the four sections mentioned in para 12 ofthe fact are to be ead with section 3 of, a ‘epidemic disease act or only section 188 of the IPC is to be read with section 3 of epidemic disease act? ‘A40, No clarification is required, Q41. Whether Atile 132 and 134 of Constitution of Ozala is pati materi io Constitution of India?THE K.K,LUTHRA MEMORIAL MOOT COURT, 2021 AGL, No clarification is necessary. (Q42, Whether Ms, Quantsa was arested with warrant? ‘A42, No claifiction is necessary. (Q43. Can you plese specify on which visa Ms. Quantsa came to Ozali- missionary visa or e= ‘A43._ No catifetion ie necessary O44. Can it be said, according to para 3 that Yada was not the epicentre per 36 but just one ‘among the fst counties wo get Covid? Ad. No catification is necessary 045. Can we go ahead and assume ‘holy water mentioned inthe propostioe to contain some ‘chemicals that makes the immunity strong sietifieally considering Ms. Quantsa had her education in Sienes? AMS. No clarification is necessary. 046. Can Foreign cass be reliance? ‘A46. Foreign cae laws would carry the same value in the present case as they would on a nine- judge bench of the Supreme Court of Indi, 47. Are Evidence at of ozala and Evidence act 1872 of india in par materia? AMT. No clrifieation is necessary (248. For how many days were the excl il patients in ned of vetltor suppor? AAB. No clarification is necessary (049, Is Aspar Epidemic Diseases COVID 19 regulations, 2020 availabe? A49, No lrifcation is necessary (Q50. Was the Aspar Epidemic Diseases COVID 19 regulations, 2020 issued under Section 2 of Epidemic Diseases Act? ‘ASO, Noclavification is necessary. (Q51. Whether cognizance of offence under Section 188 of IPC was taken by & magistrate and vas such cognizance taken upon a police report?82 As2 83 0s AS ASS 0%. As. sr as. 088 A88 os. 59, 60, 60. LUTHRA MEMORIAL MOOT COURT, 2024 Cognizance has been taken forall offences mentioned i the FIR by the Magistrate andthe matter is pending compliance with Section 207, Criminal Procedure Code, Did Ms. Quantisa get herself tested before leaving Yada? Yes ‘Whether under section 2A of Epidemic Disease Act, 1897 where government has the overs to issueimake necessary regulations, then are such regulations passed by the cenral government of Inia ae pari materia with state of Ozala? No clarification is necessary. Does the amendment of section 439A exclude the grant of anticipatory bail or is it permite? No clatifiaton is necessary. The proceedings before the Supreme Cour takes place in which month, should we consider it in May as the High Court rejected the bil application on 1th May, 2020 or will th ime be considered to be the month we argue i in fron of the coer i. January? [No clarification ences. Date of bil ejection order ofthe High Court ‘No clarification is necessary Date of fing of SL in the Supreme Cour. 1No clarifications necessary. Fumish statement of Objects & Reasons forthe criminal law amendment, if any. [No clarification i necessary Whether the bill was drawn based on recommendations ffom some committe! ‘commission? If yes, please make available the report recommendations inings, [No clarification is necessary, Whether the bill was referred to any selecpariamentary/standing commits? If yes please furnish the reportecommendation/findings, [No clarification is necessary.“THE KK LUTHRA MEMORIAL MOOT COURT, 2024 (Q61. Are the ‘Aspur Epidemic Diseases COVID 19 Regulations, 2020 para materia with The Delhi Epidemic Diseases, COVID-I9 Regulations, 2020 or The Arunachal Pradesh Epidemie Disease (Prevention of COVID-19) Regulations, 2020? 61. No clarification is necessary. (Q62. Whether the number of CovideI9 cases and deaths mentioned inthe ‘Statement oF facts! same as Inia? AG. No clarifications necessary. Q63. Whether Section 144 of C1PC invoked in Aspar? If so, what was the status on [4 March 2202 ‘A63. Noclarifcation is necessary (064. Whether the permission given by the state government of Aspar for eve in January 2020 revoked expressly of by ecesary implication? |A64. No clarification is necessary (Q65. Whether the World Health Organisation (WHO) guidelines on Covid-I9 and orders, notifications ete. issued by the Ministry of Home Afi, Goverirent of India pai AGS. No. (966. Whether the 21day lockdown imposed by the Government of India on 24 March 2020 and subsequent lockdowns are pai materia? [AG6. No clarification i necessary Q67. Whether the Epidemic Diseases (Amendment) Act, 2020 (Act x0. 34 of 2020) promulgated on April 22,2020 pari materia? AGT. No clarification is necessary (Q68. Who was the complainant in the present case? Can it besa that the “ist informant” tobe Gamus Politician? AGS. Noclarifcation is necessary. 69, When have the tia cours in Oza started functioning? AG, No clarification is necessary. (70. Whats the meaning nd impor of ill date” in para 13? Does it mean til January 2021? ®‘THE KK, LUTHRA MEMORIAL WOOT COURT, 2021 ATO. Noclatification is necessary Q71. Under which provision did Ms. Quantisa approach the High Cour, Sesion 439 or 439 ofcirc? ATL. No clarification is necessary (O72, Why was the matter listed before ‘ninejudge* bench ofthe Supreme Court contrary to ‘established practice of mates iniilly going before a Division Bench? ATL. Noclaification is necessary (Q73. What is the significance of ‘hree-fouth majority" when only thee is a two-thirds” bench ‘mark for certain categories of legislations in Indian Legisatres? ATS. Nocclaification is necessary Q74. When is “immediately ae the ceremony” in time & place in para. 12? A14, No clasifcation i nocossary (Q75. Whether the Magistrate has taken cognizance under Section 190(1 (6) of CEP upon the police report dated 26 Apri 2020? 'A1S. Cognizance hasbeen taken for all offences mentioned in the FIR by the Magistrate and the mater is pending compliance with Seti 207, Criminal Procedure Code Q76. I yes to Question no. 75, Whether the Prosecution has prepared a li of witnesses for wal? ‘AT6. No clatfcaion is necessary Q77. Ifyes to Question no. 75, whether process has been issued under Section 208 of CrPC by the Magistrate taking cognizance? ATI. Noclarfcaion i necessary. Q78. IF yes to Question no. 75, Whether the procedure to Supply to the cused of copy of police repor and other document under Section 207 CePC? [ATB. No clarification i necessary, Q79. Ityes to Question no. 75, Whether the committal proceedings under Section 209 CPC has ‘commenced or has competed and commited tothe Court of Session? ATD. No clatfcation is necessary.{THE KK. LUTHRA MEMORIAL MOOT COURT, 2024 (Q80, How many times Ms. Quanisa undertook Covid-19 est? Whether the test result of 16 March 2020 is the result of test refered in para 6? Whece was the test result referred in para 12 taken, Yada or Ozaln? ‘ABO, Test result mentioned in Para 12 pertains othe test referred to in Para 6 Q81. Whether there is any express prohibition on taking ant-pyretic drugs in Aiepane/ieport. ‘orsuch other in Ozala? ABI, No caifictions is necessary, (982, Has Ms. Quantisa been released from custody? Oris she in eustody while applying for bait A82, No caification necessary (Q83._Isthe Indian Evidence Act pari materia tothe State of Oza? ABS, Noclerification necessary (984. Could we please know the strength of the High Court bench tht rece the bail. (para 1) AB4, No clarification necessary, (085. Whether the rules and regulations issued by the Sats in Inia are par materia with the rules and regulations of different states in Ozala, and i 0, which sate regulations are to be considered for Aspar? (pertaining tothe COVID-19 regulations) ‘ABS. No clarification necessary.