FRESHERS MOOT PROBLEM 2016- 2017

Rodan Naadu hails from Varanasi, Uttar Pradesh. He was born in a Mudlam (a
religion sect of Islam similar to Shia Muslims) family, yet his upbringing was never
overtly religious. He was pursuing his Bachelor of Technology degree from the State
Technical University, Varanasi. After having successfully completing his graduation
he went job hunting, but was unsuccessful.
During his studies, Rodan Naadu was a regular visitor of the Alamgir Toskue (a place
of worship similar to an Islamic mosque). He was deeply influenced by the Maulvi
Dukhyan Doraya of the Alamgir Toskue, and frequently went to him for guidance
and support. The Maulvi was happy to help Rodan and always listened patiently to
his problems.
The parents of Rodan Naadu were not religiously inclined, and had never pressured
him to observe all the ceremonies associated with being a Mudlam. But under the
influence of Maulvi Doraya, Rodan became a deeply religious and practicing
Mudlam, following all the customs associated with his sect.
The parents of Rodan could see that the Maulvi was having a decisive influence on
his behavior. They did not voice their concern at first, as they were happy that their
son was turning towards a more righteous path.
During the mourning of Shoharman (a mourning in the Mudlam community, similar
to Moharram mournings), Rodan decided to observe tatbir (hitting oneself with
knives and swords), as was the religious custom in his community. This was the first
time he was observing tatbir, and his parents were concerned that he might not be
able to handle it. Bumsila Vhat, Rodans father even tried to stop him, but he was
set on the task. Maulvi Doraya had a chat with Rodans parents and assured them
that their son was doing the right thing, and said that he would be there in the
Shoharman procession and would ensure that no harm would come upon Rodan.
However, unfortunately during the procession, Rodan suffered severe blood loss as
he accidently hit himself a bit too hard, and severed the artery in his left hand. He
had to be rushed to the hospital. The doctor in charge of the emergency room
informed the police. Manala Mishra, the Sub- Inspector of the Lahori Tola police
station came to the spot. After preliminary inquiry, the Sub- Inspector registered FIR
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against Rodan for attempt to commit suicide and against the Maulvi for abetment of
suicide.
Fearing arrest, Maulvi Doraya moved the Allahabad High Court, Allahabad for
quashing of the FIR against him under Section 482 of the Code of Criminal
Procedure, 1973. He filed for a separate petition praying for grant of anticipatory
bail. Meanwhile, Elysee Jagriti, a not for profit, unregistered organisation working for
abolition dangerous customary practices in India filed another writ petition arguing
that practices of zangir- zani, tatbir, etc during the mourning of Shoharman are too
dangerous to be permitted in modern society and prayed for abolition of these
practices. Jagriti relied upon the 2014 Supreme Court decision banning Jallikattu in
support of its contention.
Meanwhile, on account of the sensitivity of the issue involved, the Allahabad High
Court withdrew the case from the Additional Sessions Judge, Varanasi, under Article
228 of the Constitution read with Chapter 5 Rule 5 of the Allahabad High Court
Rules, 1952 to adjudicate originally whether the present facts and circumstances
amounted to attempt and abetment of suicide.
The Allahabad High Court framed the following issues:
1. Whether the petition for anticipatory bail maintainable before the High Court?
2. Whether there has been an attempt and abetment of suicide in the instant
matter?
3. Whether practices observed during Shoharman violate public safety?
Both Elysee Jagriti and the State of Uttar Pradesh have engaged Mr. Double B. Label
as counsel for their case. Defence counsel for Maulvi Dukhyan Doraya is Mr. Glen
Fidditch.
Counsels are required to argue only the issues framed above. Counsels shall not be
allowed to lead evidence in the Court.
The moot proposition has been framed by Kaustubh Rai and Gaurav Sharma. Any
attempt to contact the abovementioned shall result in disbarment from the pool
selections.