THE KK. LUTHRA MEMORIAL MOOT COURT, 2024 ‘Queries & Clarification ‘We have recently received queries from teams, who have sought a clarification on the Moot Problem as under: QI. Can we place reliance on at/tatutes not in pari materia with Ozala's tutes? Including International statutes, ‘Al, Reliance on statutes which are not in par! materia with Statutes of Ozale can be placed by the Participants 02, What is the meaning of “regular legislative business” as mentioned under the notes for ‘counsel? Does it include the assent ofthe president? ‘A2. The amendment was passed and promulgated as per law by the Union of Ozala, The ‘manner of passing cannot be challenged inthe present proceeding, 3, Are Ozala and Yada bound by WHO's Intemational Health Regulators (a treaty which binds all 196 counties inthe world)? AB. No Clarifications require, (Q4. Whether Quantisa was in police eustody or judicial custody from the dee of arrest til the chargesheet final report was filed? ‘AA, The peviod spent in Police Custody was within the maximum period permissible under law. Chargesheet was fled within the stipulated time. 5, Code of Criminal Procedure, 1973 was amended and setion 438A was inserted by Union of Oral or State of Aspar? AS. No Clasifiaton is required. Q6. Epidemic Diseases Act, 1897 and the Epidemic Diseases Act, 1897 in India are in pati AG. Yes Q7. Whether the issues given in para 16 ofthe Moot Problem are exhaustive? Or, Issues other than given para 16 ofthe Moot Problem ean be raised? AAT. Participants may raise al sues, besides those mentioned in the Moot Prcblem. Q8. Can issue of maintainability of writ petition and maintainability of chal enge of rejection ‘of bal application by the High Court before the Supreme Court be raised? ‘AB. Participants may rise all issues, besides those mentioned inthe Moot Pcblem."THE KK. LUTHRA MEMORIAL MOOT COURT, 2024 ee Q9.Onpage 4 ofthe moot problem it's writen Ozolon penal code 1870 .{ have con fision hate isi 1870 or 18607 ‘A9, Ibis Ozalan Penal Code 1860. 210. On page 8, the 2nd subsection of atcle 439A seems contradictory. is there ea typing mistake? AO. Section 439A (i) stands corrected and reads as follows “where the Public Prosecutor oppases the application, the evurt is sage that ere are reasonable grounds for believing that he 1s nor guilty of such offence and that re 8 not ely 10 commit any offence while om bail.” Q11. In the given moot problem is been writen thatthe Part II and Seventh schedule of Indian constitution and Qzalan Consitation are in para materi, So, does that mean we cant apply any other articles of Indian constitution? Because in matter of jurisdiction if we sec, the appeal agains the bil of High court can be challenged in Supreme court under article 136 All, Article 136 of the Constitution of Ozala is pari materia with Aticle 136 of the Constitution of Inia. (212, Whether the ‘Aspar Epidemic Disease COVID 19 Regulations, 2020" was issued under the Epidemic Diseases Act, 18977 Al2. No Clarification is required (QI. Whether the Epidemic Diseases Act, 1897 in Ozala, and The Epidemic Diseases Act, 1897 in India ae in pari mater AL. Yes. (QI4, Which charges have been mentioned inthe ChargesheevFinal Report? Ald, The same offences for which FIR has been registered, have been mentioned in the CChergesheet Final Report. QI5. Whether maintainability of SLP can be taken a5 an additional issue as it has been ‘mentioned in the moot proposition that thas been admitted for final hearing? AIS, Pa ticipants may aise al issues, besides those mentioned inthe Moot Prible. Q16. Can we raise additional issues with regards tothe mesits of the ease a in the offences under IPC are made out or not?THE KK, LUTHRA MEMORIAL MOGT COURT, 2024 ee ‘A16._Pantcipans may raise al issues, besides thse mentioned inthe Moot Problem. (Q17. The twin conditions as given inthe “notes for counsels inthe moot preposition Con page ‘no, 7 and 8) seems tobe the clause () and (i) of setion 439A, whereas in the issue no. | it seems to be "reasonable grounds for believing that «person isnot gully of an offence” 1nd thatthe person "is not likely to commit any offence while on bail. Request you to kindly clarity as to what exactly is the twin condition AIT. Section 439A (i) stands comected and read a follows: “where the Public Prosecutor opposes the application, the court is satisfied tht tere are ‘reasonable grounds for believing that he 8 not guilty of such offence and that Je 1 not ‘ely to commit any offence while on bail.” QI8. Whether the Aspar Epidemic Diseases COVID. ‘the Delhi Epidemic Diseases COVID 19 regul regulations, 2020 isin pari materia with 20207 AI8. No latificaton is necessary 19. Whether the "Aspar Epidemic Diseases COVID-19 Regulations 2024" 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? Its very important for counsels so ‘hat we can understand whic i the only disputed provision? ‘A19, These Regulations are the ony relevant Regulation issued under the Epidemic Diseases ‘Act, 1897 (220. With respect to the investigation of Ms, Quantss, was a complaint made by the public servant whose order was contravened with wls 188 IPC? Who was the complainant in the FIR? ‘A20, No clarification is require, (G21. Has Miss.Quantisa voisted any regulation (issued by the state of Aspar ander section 3 of Epidemic Diseases Act) other than the one mentioned under para 4 of the moot ‘Proposition I'ye, what isthe nomenclature of such regulation? |A2L, No clarification is required, (022. Whether the theory of basic structure’ is accepted in Ozala? A22. No clarifieation ie requited (025, Is there any regulation issued under section 3 of Epidemic Diseases Act which dea with Aelberately spreading Covid-192THE K.K, LUTHRA MEMORIAL MOGT COURT, 2024 ‘ADB. No clarification is required (024. Whether a public servant had given a writen complain ws. violation of egultion under section 3 of Epidemie Diseases Act, 1897? 2A. No aration squire. (025, Whether the mater as been listod for final hearing on 16.01.2021? [A2S, No arfcation is required 226, Are the citizens of Vada aware of the severity of COVID-19? {s the information ectaiing o the numberof domestic and international eases being cencealed from the citizens of Yada as well? ‘A26, No clarification is equired. 227. For how long were the Covid postive patente af the ceremony hospital? AZT. No clarification i necessary 28. Is Article 139 ofthe ncian Constitution in pr materia with he Oralan Constitution? ‘A28. No clarification is mcessry. (229, Who isthe complainant ofthe FIR against Ms Quanta? -A29._ No clarification is necessary. 230. Were the citizens of Yada and Ozala aware of the WHO guide March regarding COVID-192 1 rleasod til 13th ‘A30, No claifcation is necessary 31. Can reliance be placed upon the Foreign Nationals Act, 19462 At. Ne. Q32. When isthe hearing? -A32._ No clarification is require, (253. When did Mls Quantisa recover? A week before o afer her ares? ASS. No clarification is required (Q34, Was the Chargesheet filed by the police (given in pa 13 ofthe problem) supplemented With a wrttn complaint from the relevant public servant?THE Kx LUTARA MEMORIAL MOCT COURT, 2024 A34. No clarification i equired (035, Is the legal system of OZALAN pari materia with the legel system of INDIA, as in the applicability of case laws, the persuasive values of cases fom high ccurts and Supreme courts, the powers ofthe courts? 'A3S._ The previous decisions ofthe Supreme Court of India o High Courts of India would cary the same value in the preset case as they would on nine judge bench of the Supreme Cour of india, 036, What evidence did the FIR present to indicate thatthe accused had knowledge of the Regulations issued by the sate of Aspar, the “Aspar Epidemie Diseases COVID 19 Regulations, 20207 ‘A36._ No carifiaton is required (037. What steps did the State of Aspar tke to promulgate the information about the ‘spar Epidemic Diseases COVID 19 Regulations, 2020"? AST. Noclarification is required, (Q38. What was the objective behind introducing the section 439A? We exnsider ‘providing ‘certain additonal regulations fr the people violaing guidelines ised under epidemic disease act’ as the objective but the query stems out from the objective which the legislature had behind introducing identical grounds in various other sites i.e.‘ speed "the tral’. This concem makes quintessential for us to know the exact objective. ABB. No clatificaton is required, 939, Are the twin conditions of bil applicable on all the Four charges? ori it applicable only ‘on section 188 IPC? Because section 3 of the epidemic disease act explicitly lays down ‘that whoever violates any one or regulation made under this at shall be deemed to have ‘commited an offence under setion I8¥ of IPC 439, No clarification necessary Q40, Are all he four sections mentioned in para 12 ofthe fact ae to be read with setion 3 of epidemic disease act or only section 188 of the IPC is to be read with section 3 of epidemic disease ner? ‘AMO. No clarification is require, Q41. Whether Amicle 132 and 134 of Constitution of Ozala is pari materia t» Constitution of India?THE Kx LUTHRA MEMORIAL HOOT COURT, 2024 ASL. No clarification is necessary, (42. Whether Ms. Quantisa was rested with a warrant? 42, No clarification i necessary, (043. Can you please specify on which visa Ms. Quantsa came to Ozala- missionary vis or e- AG. Noclatfcs in is necessary. (Q4. Cam ithe sid, acconting to para 3 that Yada was not the epicenre per se but just one among the frst counties to get Covid? ‘Ad, No clarification is necessary. (045. Can we go ahead and assume ‘holy water mentioned inthe propositior to contin some ‘chemicals that makes the immunity strong scientifically considering Ms. Quantiss tad her ‘education in Science? AAS. No clarifies ion i necessary (Q46. Can Foreign cases be reliance? ‘A46, Foreign case laws would cary the same valu in the present case as they would on a nine= judge bench ofthe Supreme Coutof India (47. Are Evidence act of zal and Evidence act 1872 of indian pari materia? AAT. No lrfction is necessary. 48. Forhow many days were the crcl il patients in need of ventilator sport? ANB, No clarification is necessary. (U9. Is Aspar Epidemic Diseases COVID 19 regulations, 2020 available? AM9,_ No lif ion is ncessay. (Q50. Was the Aspar Bpidemic Diseases COVID 19 regulation, 2020 issued tnder Section 2 of Epidemic Diseases Act? ASO, No casification is necessary Q5I. Whether cognizance of offence under Section 188 of IPC was taken by a magistrate and _vas such cognizance taken upon a police report?“THE KK LUTHRA MEMORIAL MOOT COURT, 2021 ‘ASI. Cognizance has been taken forall offences mentioned in the FIR bythe Magis and the mater is pending compliance with Section 207, Criminal Procedure Cod (Q52. Did Ms. Quanisa gt herself ested befor leaving Yada? AS2. Yes, (Q53. Whether under section 2A of Epidemic Disease Act, 1897 where government has the Powers fo issueimake necessary regulations, then are such regulations passed by the ‘central government of India ae pari materia wth sate of Oza? 'AS3._ No clarification is necessary. (054. Does the amendment of section 439A exclude the grant of antcipaory bail or is it permitted? AS4, No clarification i necessary. Q55. The proceedings before the Supreme Court takes place in which month, should we consider it in May asthe High Cour rejected the bail application on 1th May, 2020 or will th ime be considered tobe the month we argu tin front of the cout January? [ASS. No clarification is necessary 956. Date of til rejection onder ofthe High Court AS6. No aritiation is necessary, Q57.._Dateof filing of SLPin the Supreme Court |AST. No clarification is necessary. (958. Fumish statement of Objects & Reasons fr the criminal aw amendment any AASB. No clarification is necessary. 59. Whether the Dill was drawn based on recommendations from some committe! commission? If yes, please make available the roe recommendationsfindings. AS9. No clarification is necessary (Q60.. Whether the bill was refered to any selecvpartiamentary/standing committee? If yes please funsh the reporvrecommendation/indings, AGO, No catfication is necessaryTHE Kx LUTHRA MEMORIAL MOOT COURT, 2024 Q6. Are the 'Aspar Epidemic Diseases COVID 19 Regulations, 2020 para materia with The Delhi Epidemic Diseases, COVID-19 Regulations, 2020 or The Aruntchal Pradesh Epidemic Disease (Prevention of COVID-19) Regulations, 2020? ‘AGI. No clatifction is necessary. (Q62, Whether the number of Covid-19 cases and deaths mentioned inthe ‘Sttement cf facts? same as India? A62. Noclarfcaion is necessary, (Q63. Whether Section 146 of CrPC invoked in Aspar? IP so, wat was the status on 144 March ane [A63. No clarification is necessary. ‘Q61. Whether the permission piven by the state goverment af Aspar fr eves in January 2020 revoked expressly orby necessary implication? ‘A64, No larficstion is necessary Q65. Whether the World Health Organisation (WHO) guidlines on Covi-19 and orders, notifications ete. issued by the Ministy of Home Affirs, Government of India pari materi? 65. No. (Q66, Whether the 21day lockdown imposed by the Government of India on 24 March 2020 and subsequent lockdowns are par materia? AGO. No claiiation is necessary, Q67. Whether the Epidemic Diseases (Amendment) Act, 2020 (Act mw, 34 of 2020) ‘promulgated on Apri 2, 2020 pari materia? |AGT. No casifcation is necessary {Q68. Who was the complainant in the present case? Can it be said that the fr informant’ 10 be Gamus Politician? ‘AGS, No clarification is necessary. (Q69.._ When have the trial cours in Ozala started functioning? [AG®. No catfication is novessary Q70. Whats the meaning and import of “ill date” in para 137 Does it mean il January 20212He K AN. an. An. on. an. on, An am. An, as. Ans 7. At, Qn. an. os. ANB. os, An, LUTHRA MEMORIAL MOOT COURT, 2021 No lication is necesary. Under which provision did Ms. Quantisa approach the High Court, Sesion 439 o 439A, orciec? [No clarification is necessary Why was the matter tsted before ‘nine judge’ bench of the Supreme Coutt contrary to cxablshed practice of mars initially going before a Division Bench? [No clarification is necessary ‘What isthe significance of three-ourth majority” when only there i two-thirds” bench mark for certain categories of legislations in Indian Legislatures? [No clarification is necessary, When s “immediately aftr the ceremony” in time & place in para. 12? ‘No clarification is necessary. ‘Whether the Magistrate has taken cognizance under Section 190(1) (b) of CXPC upon the police report dated 26 April 20207 CCognizance has been taken forall offences mentioned in the FIR bythe Magistrate andthe mate is pending compliance with Seton 207, Criminal Procedure Code. If yes to Question no, 75, Whether the Prosecution has prepared a lis of witnesses for wal? No clarification i necessary. yes to Question no. 75, whether process has been issued under Section 204 of CrP by the Magistrate taking cognizance? [No clarification is necessary. If yes to Question no. 75, Whether the procedure to Supply to the accused of copy of police report and other documents under Section 207 CPC? ‘No clarification is necessary yes to Question no. 75, Whether the committal proceedings under Section 209 CPC has ‘commenced or has completed and commited tothe Court of Session? [No clarification is necessary“THE KK. LUTHRA MEMORIAL MOOT COURT, 2021 (Q80. How many times Ms. Quantis undertook Covid-19 test? Whether the test result of 16 March 2020 isthe result of test refered in para 6? Where was the test result referred in para 12 taken, Yada or Ozala? ‘ABO, Test result mentioned in Para 12 pertains tothe test refered fo in Para 6. (Q81. Whether there is any express prohibition on taking antipyretic drugs ir Aitplane/ Airport ‘orsuch other in Oza? ABI. No clarifications is necessary. 10