Moot Proposition For Team B
Moot Proposition For Team B
Moot Proposition For Team B
suffering from pandemic. Introduction of new technological enhancement and upcoming talent
made this industry a continuous working force and provide jobs as well as financial security to
many by realizing short motivational films to web series on fictional or on non-fictional
Characters. A multibillion-dollar Industry which remains a power house and also a time
utilization strategy for those under quarantine or even for those who are in home due to
lockdown. Many inspirational serials and spiritual serials were also introduced by the world
governments so that people feel motivated in difficult times and do not lose hope. Like every
industry its development and profit earning consist of hard-work and dedication of many people
some are on screen and some are off screen. These people actually work tirelessly to strengthen
the roots of such kinds of industries. Saurashtra Film Industry is always considered as the
booming film industry with almost 18000 films plus motion pictures produced, directed and
released every year. This gives up the business of almost 18000 crores every year more than any
film industry present in the outside world.
The State of Saurashtra is divided into 29 states and 7 union territories out of which one state is
named State of Kalinga. Himadri is the city in State of Kalinga which is famous for its film cities
and known as the film and motion pictures paradise. Where lakhs of people come all over the
world to become actors or actresses and even to get a job as supporting staff. There is always a
requirement for a number of positions such as assistant director, technicians, accountants,
lawyers etc.
The State Government always has a disagreement with the Central Government stating that the
Central Government always uses its investigation agencies to target its ministers; due to this
conflict they have accorded general consent which allows the Central Investigation Office
(“CIO”) to exercise its power and jurisdiction in the state.
A boy named Raghu came all long from his native homeland (State of Uttarkand) to try his luck
just like many other boys and girls. He started his career as a background dancer for many
famous established actors. He got his first break in a web series called “Hell” where he came into
the contact of Producer Rajeev Singh. He turned his life from a struggling actor to a well-
established actor due to which he started getting movies offer and also many other big fame
directors want to work with him meanwhile Rajeev introduced him to a girl name Sushma who is
a famous model and part time actress and signed both of them in an upcoming movie name “My
Girlfriend” from that movie Raghu and Sushma came closer and in media they are open about
their relationship that they both are dating each other. Year after year passed meanwhile Sushma
introduced Raghu with her two close friends Aarav and Akil who works as a supporting staff
member in Rajeev Production House. All of them go together to big house parties and get into a
very good relationship. Raghu and Sushma purchased a 4 BHK flat and started living together.
The family of Raghu always complains that whenever they want to talk to Raghu through cell
phone Sushma always remains beside him and sometimes even attends his calls and states that he
is busy and can't talk to you right now. His elder sister and family become really very worried as
he is going totally against the nature of Raghu who always gives utmost importance to the
family.
This keeps on going for so many years as Raghu is a very kind hearted person always donates
lakhs of rupees in many charity functions so this sudden change in nature of Raghu made his
family to investigate further. They came to know that Sushma actually dictates him in every day
schedule and even manages his bank accounts where lakhs of rupees were transferred either to
her or to Aarav and Akil accounts. They even get to know that their only son started drinking
alcohol and smoking cigarettes.
On 23rd Feb. 2021 through a local newspaper, they came to know that there love, there only son
has committed suicide. This news shocked the family, and also the film industry that such a kind
hearted person is no more. The Kalinga Police registered the case and started the investigation
they send the actor’s body for Indira Jain Government Hospital for post-mortem (Autopsy) and
started searching for the evidences to take out the real reason of suicide.
Through investigation they came across Sushma Letters and number of messages and also the
number of bank receipts and many more evidences. They seized Raghu Laptop and Mobile
phone for forensics. Family made allegations against Sushma, Aarav, Akil and Rajeev that they
have transferred large amounts of money from Raghu Account to their personal savings bank
account; they were cheating and harassing their son which led him to take such a drastic step.
Considering the situation and on the request of Kalinga Police on 28th Feb 2021 Finance
Directorate (FD) filed the money laundering case against Sushma, Aarav, Akil and Raghu under
Prevention of Money Laundering Act, 2002. Kalinga Police also filed the FIR against all 4 of
them under various sections of Saurashtra Penal Code namely, Sec. 341, 342, 380,406, 420, 306.
During investigation FD came across drug angle involved in the case so they requested Drug
Check Bureau (DCB) to file a case against all four of them and on 1st March, 2021 DCB
registered the case under section 20, 22, 27 and 29 under NDPS Act, 1985.
Sushma, Aarav, Akil and Rajeev were arrested by Kalinga Police on 5th March 2021 from
different locations Sushma, Aarav and Akil from GCC International Airport Entrance Gate No. 4
and Rajeev from a Toll Plaza and were produced before the Judicial Magistrate. The Judicial
Magistrate sent all four of them to 6 days police custody. The very next day they applied for bail
in the Sessions Court that Kalinga Police do not have any contrite evidence against them and
they have been arrested because of media and public pressure on them. Sessions Court sets 8 th
March 2021 to consider or not to consider the bail application. On 8th March 2021 Sessions
Court dismissed the bail application and sent all four of them to 14 days judicial custody.
Meanwhile DCB also found out some drug plot in the said case and arrested Smith (Local Drug
Dealer).
On 10th March 2021 all four of them file a bail application in Hon’ble High Court of Kalinga
contending:
1. They were not given appropriate opportunity to present their case before the court.
2. All investigation agencies are working partially under immense pressure from the public as
well as the media.
3. The court must grant us bail as there is no contrite evidence against us.
4. The court must stop media cover ups as they are flourishing in a number of stories in the
market.
They prayed before the court that the matter must be transferred to Kalinga Police enquiry to
CIO enquiry. After n number of grilling arguments from both the sides as the State Council keep
on pressuring the court that matter is very sensitive and granting bail to the prime accused’s is
going to worsen the things, under so much of hustle and tussle High Court of Kalinga came up
with an order on 10th March 2021 that:
“Bail cannot be granted under such sections and send all four of them to 6 days judicial custody
altering 14 days Sessions Court order. The question of transferring the current matter to CIO
doesn’t arise. This court ordered DCB and FD to file a charge-sheet within 3 days’ time span.
As far as the issue of the media is concerned, we have full faith in them.”
Sushma, Aarav, Akil and Rajeev filed an appeal in the Hon’ble Supreme Court of Saurashtra
against the order passed by High Court of Kalinga contending the following issues:
a) The High Court had wrongfully tried the case and it was absolutely ultra vires for them to
charge them in accordance with the Saurashtra Penal Code.
b) The media must be stopped covering this matter as they are portraying them guilty in
media trials which is causing immense mental pressure on them.
c) DCB and FD failed to produce any contrite evidence against them so they must be
granted protection from any kind of arrest from the following agencies.
.
The Hon’ble Supreme Court of Saurashtra admitted the appeal and posted for hearing.