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MOOT PROPOSITION 2

In the village of Dhamu Majra in the State Sanjab there is an eminent businessman turned

politician Rahul Raghuvanshi. He has been elected to Sanjab assembly successfully 3

consecutive times. Rahul a management graduate from Sanjab University was an active student

in Youth Politics. He was The President of Janata Morcha Youth wing and thereafter he joined

Janata Morcha, he held several posts within the party and at a young age of 31 became MLA.

Rahul is a 2nd generation politician and son of renowned industrialist Raghav Raghuvanshi,

Shri Raghav Raghuvanshi has been a 2 times MLA and 3 times MP from Khanpura

constituency, he also held the portfolio of Minister for Urban Development when Janata

Morcha was in power in the country.

Rahul Raghuvanshi being an Industrialist owned several factories which had huge manpower

and Trade unions with political affiliation. Rahul after procuring a degree in management from

Sanjab University chose to pursue his family business, in the course of his business he had to

grapple with many problems relating to workforce such as absenteeism, low productivity, and

acrimonious disputes as the trade unions had differences within themselves. A strike broke out

in Mr. Raghuvanshi’s factory on account of denial of bonus and incentives. There was labour

unrest, sloganeering and chaos. The Trade Union leader Babu Shankar was affiliated to Samaj

Sudhar Party, the party which was in the opposition and arch rival of Janata Morcha the Party

in power. Rahul Raghuvanshi was in a problem as the labourers besieged the bungalow of

Rahul Raghuvanshi at the behest of Babu Shankar on account of political rivalry there was

wide media coverage of the issue.

On the 2nd February, 2022 situation was extremely turbulent hence the local police-imposed

Section 144 of Cr. PC and also detained a few labourers under Section 151 of Cr. PC. The

detention of many labourers exceeded the prescribed time ordained by Cr. PC. As Rahul

Raghuvanshi used his clout and influence to suppress the agitation, the family member of a

worker filed a Habeas Corpus petition on 6th February, 2019 under Article 226 and 227 of

Sanjab and Havara High Court at Khandigarh challenging the detention of several workers and

also claimed compensation. The Sanjab and Havara High Court bench consisting of Chief

justice allowed the petition and gave relief to the prayers of the petitioners and also awarded

compensation.

The Trade Union leader Babu Shankar urged the leader of opposition in Sanjab and Havara

assembly to broach a debate on Rahul Raghuvanshi’s undue influence and causing loss to poor

labourers. This led to furore in the Assembly demanding resignation of Rahul Raghuvanshi

from the post of standing committee for Education and Environment. Rahul Raghuvanshi did

not relent. This led to social unrest and there were protest marches across the city, agitation

which led to gheraos and bandhs. The home minister tried to control the situation with Rapid

Action Force and Local police force. In the course of this chaos Rahul Raghuvanshi made a

public speech at Swamy stadium on 16th February 2022 in the course of his speech he called

the agitators of Samaj Sudhar Party as ‘wild creatures’ and urged the Janata Morcha workers

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MOOT PROPOSITION 2

In the village of Dhamu Majra in the State Sanjab there is an eminent businessman turned politician Rahul Raghuvanshi. He has been elected to Sanjab assembly successfully 3 consecutive times. Rahul a management graduate from Sanjab University was an active student in Youth Politics. He was The President of Janata Morcha Youth wing and thereafter he joined Janata Morcha, he held several posts within the party and at a young age of 31 became MLA. Rahul is a 2nd generation politician and son of renowned industrialist Raghav Raghuvanshi, Shri Raghav Raghuvanshi has been a 2 times MLA and 3 times MP from Khanpura constituency, he also held the portfolio of Minister for Urban Development when Janata Morcha was in power in the country. Rahul Raghuvanshi being an Industrialist owned several factories which had huge manpower and Trade unions with political affiliation. Rahul after procuring a degree in management from Sanjab University chose to pursue his family business, in the course of his business he had to grapple with many problems relating to workforce such as absenteeism, low productivity, and acrimonious disputes as the trade unions had differences within themselves. A strike broke out in Mr. Raghuvanshi’s factory on account of denial of bonus and incentives. There was labour unrest, sloganeering and chaos. The Trade Union leader Babu Shankar was affiliated to Samaj Sudhar Party, the party which was in the opposition and arch rival of Janata Morcha the Party in power. Rahul Raghuvanshi was in a problem as the labourers besieged the bungalow of Rahul Raghuvanshi at the behest of Babu Shankar on account of political rivalry there was wide media coverage of the issue. On the 2nd February, 20 22 situation was extremely turbulent hence the local police-imposed Section 144 of Cr. PC and also detained a few labourers under Section 151 of Cr. PC. The detention of many labourers exceeded the prescribed time ordained by Cr. PC. As Rahul Raghuvanshi used his clout and influence to suppress the agitation, the family member of a worker filed a Habeas Corpus petition on 6th February, 2019 under Article 226 and 227 of Sanjab and Havara High Court at Khandigarh challenging the detention of several workers and also claimed compensation. The Sanjab and Havara High Court bench consisting of Chief justice allowed the petition and gave relief to the prayers of the petitioners and also awarded compensation. The Trade Union leader Babu Shankar urged the leader of opposition in Sanjab and Havara assembly to broach a debate on Rahul Raghuvanshi’s undue influence and causing loss to poor labourers. This led to furore in the Assembly demanding resignation of Rahul Raghuvanshi from the post of standing committee for Education and Environment. Rahul Raghuvanshi did not relent. This led to social unrest and there were protest marches across the city, agitation which led to gheraos and bandhs. The home minister tried to control the situation with Rapid Action Force and Local police force. In the course of this chaos Rahul Raghuvanshi made a public speech at Swamy stadium on 16th February 20 22 in the course of his speech he called the agitators of Samaj Sudhar Party as ‘wild creatures’ and urged the Janata Morcha workers

2 to give a ‘fitting reply’ to the protesters. This caused a furore and there was law and order problem which resulted in casualties and damage to property. Rahul Raghuvanshi was held responsible for whatever transpired and he was compelled to resign from the committees he was part of and the portfolio he held. The speech delivered by Rahul Raghuvanshi was regarded as a hate speech causing enmity between two communities hence, he was booked under sec 153 A of IPC and a FIR was lodged against him on 17th February 20 22. There was round the clock coverage of the incidents of violence by the media. The opposition demanded an inquiry of the incidents and insisted on setting up a commission. A Commission was constituted on 1st April, 20 22 by the Ruling Party i.e. Janata Morcha under the auspices of retired judge, Justice Vishwanath to enquire and investigate into this matter on urgent basis. The commission submitted its report before the House on 30th June, 20 22. There was election hence the commission report was debated fiercely then kept in abeyance. Samaj Sudhar Party captured Power and Nawab Singh became the Chief Minister in November 20 22 and the commission report was again debated with disruptions in the House. Though Rahul Raghuvanshi was booked under sec 153 A of IPC and a FIR was lodged against him on 17th February 20 22 , he was not arrested due to the political influence. The home minister finally demanded arrest of Rahul Raghuvanshi and Rahul Raghuvanshi was arrested and produced before magistrate on 12th November 20 22. The Magistrate took cognizance of the complaint and convicted Rahul Raghuvanshi for 3 years imprisonment on 18th November 20 22. The order was challenged in the Sessions Court, on 22nd November, 20 22 the order was upheld and eventually it was challenged in Sanjab and Havara High Court on 27th December 20 22. The High Court admitted the appeal and overruled conviction on 16th July, 202 3 of Rahul Raghuvanshi and found that lower courts made gross error in passing such orders. The State challenged the High Court order of acquittal in the Supreme Court of India in August 202 3. Issues:

Is the said appeal maintainable in the Supreme Court?
Is the High court justified in setting aside the Session Court’s order?
Does the case have anything pertaining to limitation act or has time barred as per the relevant legal provisions?
Is sanction required for prosecution of Rahul Raghuvanshi as he is member of State assembly?
Is the government bound by the findings of Justice Viswanathan Commission as regards its implementation or not? Argue for State: 21231022, 1024, 1026, 1028, 1031, 1033, 1035, 1037, 1039 Argue for Rahul Raghuvanshi: 21231023, 1025, 1027, 1029, 1032, 1034, 1036, 1038, 104 1

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MOOT PROPOSITION 2