IMS UNISON UNIVERSITY 4th NATIONAL MOOT COURT COMPETITION€¦ · ims unison university 4th...

IMS UNISON UNIVERSITY 4th NATIONAL MOOT COURT COMPETITION 2016

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OPPORTUNITY TO

GROOM LAW

STUDENTS AS

FUTURE LAWYERS

Proposition

RELATING TO

CONSTITUTION

AL LAW

IN THE

SERENE

AMBIENCE OF

DOON VALLEY

Glimpses of

1st NMCC

Glimpses of

2nd NMCC

Glimpses of

3rd NMCC

ORGANISED BY

SCHOOL OF LAW,

IMS UNISON UNIVERSITY

DEHRADUN


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4thNATIONAL MOOT COURT COMPETITION-2016

INVITATION FOR PARTICIPATION IN THE IMS UNISON UNIVERSITY

4th NATIONAL MOOT COURT COMPETITION, 2016

Dear Sir/Madam,

It gives me immense pleasure to announce the Fourth Edition of IUU, National Moot Court Competition.

The School of law, IUU invites participation from your esteemed institution for the competition scheduled

on Oct. 13-15, 2016.

We started in 1996 as IMS Dehradun, a non-profit organization set by a group of visionaries dedicated to the

cause of changing the face of professional education in Northern India. The University today provides a

platform for excellence in teaching, learning and administration. State of the art Information Technology is

extensively used in the University contributing to the development of well-trained graduate, post-graduate

and doctorate students. The University strives to provide holistic learning through a multidisciplinary

approach and also to promote research and innovation in all spheres of its activities in order to become a

national and global epicenter of knowledge, culture, skills and technologies. School of law, IUU is making

rapid advancements in standards of legal education and research. It offers B.A. L.L.B and B.B.A. L.L.B.

five years Integrated Program; L.L.M and Ph.D. courses. The courses are designed to provide overall

development of a student to strengthen to face the need of hour and global challenges.

We look forward for participation of your team in the aforesaid National Moot Court Competition and make

it a successful event. The Moot Competition Proposition, Official Schedule and the Official Rules and

Regulations governing the competition are enclosed herewith.

Thanking You

With regards,

Dr. Saroj Bohra

Head of Department

School of Law,

IMS Unison University, Dehradun

Uttarakhand


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4thNATIONAL MOOT COURT COMPETITION-2016

SCHEDULE

Key Dates

2nd

Sept, 2016 Release of Moot Proposition and Rules of the Moot Court Competition

23rd

Sept, 2016 Last Date for Submission of Soft Copy of Registration Form, Demand

Draft & Travel Plan

e-mail: [email protected]

24th

Sept, 2016 Last Date for clarification of Moot Proposition

28th

Sept, 2016 Last Date for Submission of Hard Copy of Registration Form, Demand

Draft & Travel Plan

2nd

Oct, 2016 Last Date for Submission of Memorials (Soft Copy)

7th

Oct, 2016 Last Date for Submission of Memorials (Hard Copy)

13th

Oct, 2016 Inauguration, Draw of Lots, Memorial Exchange& Researcher Test

14th

Oct 2016 Preliminary Rounds and Quarter Finals

15th

Oct 2016 Semi Finals, Finals & Valedictory


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4th NATIONAL MOOT COURT COMPETITION-2016

RULES AND REGULATIONS

I. ELIGIBILTY

The Competition is open for students pursuing three/ five year LL.B. Degree Course from any

recognized Law College/University in India, subject to fulfillment of the registration formalities.

II. TEAM COMPOSITION

Each team shall consist of maximum of three members (two speakers and one researcher).

III. REGISTRATION

1. In order to confirm participation, teams of every Institution should register themselves. The

registration process consists of the following two steps:

Step one: Each team is required to send a scanned copy of their duly filled-in Registration form

along with the Demand Draft to [email protected] by September 23, 2016. Subject of the mail

should bear “Registration Form for IMS UNISON UNIVERSITY 4th National Moot Court

Competition-2016”.

a. The Demand Draft shall be drawn in the favour of “IMS Unison University” payable at

Dehradun.

Step two: Registration Form and Original Demand Draft should be sent to the address of the

University by 28th

September and “Registration Form for IMS UNISON UNIVERSITY 4th

National Moot Court Competition-2016” should be superscribed on the envelope. The postal

address is as under:

Moot Court Society

School of Law,

IMS Unison University,

Makkawala Greens,

Mussorie Diversion Road,

Dehradun- 248009.

mailto:[email protected]


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2. Registration Fee:

Rs. 4500/- (Rupees Four Thousand only) for each participating team.

3. Forms received after the deadline i.e. September 25, 2016 shall not be considered for registration.

4. The Registration is open to 36 teams only on “first cum first serve basis”.

5. No on the spot registration permitted.

IV. CRITERIA FOR MEMORIAL EVALUATION:

1. Teams have to prepare Memorials for both the sides.

2. The teams must send soft copies of both sides on or before October 2, 2016 to

[email protected]. In addition 2 (TWO) hard copies of each side of the memorials should

reach the University address up to October 7, 2016. The teams will also have to submit 5 (FIVE)

hard copies of each side of the memorial at the Registration Desk on 13th

October, 2016.

Note: Late submissions beyond the stipulated time period will attract a 2 point penalty per

memorial for each day of delay. Soft Copies of Memorials submitted after October 2, 2016

shall not be considered for evaluation.

3. Format of Memorials

3.1 The memorial shall not exceed 30 typed A4 size pages.

3.2 Color of the cover page must be Blue in case of Petitioner/Appellant and Red in case of

Respondent.

3.3 Body of Memorial shall include:

i. The Cover Page

ii. Table of Contents

iii. List of Abbreviations

iv. Index of Authorities / Table of Cases

v. Statement of Jurisdiction

vi. Statement of Facts

vii. Statement of Issues

viii.Summary of Arguments

ix. Arguments Advanced/Detailed Arguments.

x. Prayer

xi. Bibliography

The title page shall include:

i. The Name of the Court

ii. The Year of the Competition

iii. The name of the Case



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iv. The name of the parties

v. Team Code to be indicated at the top right corner in bold.(Eg. T1) which shall be intimated to

the respective teams by 29th

Sept, 2016.

vi. The title of the Document(i.e. “Memorial for Petitioner” or “Memorial for Respondent”)

The memorial shall not exceed 30 pages. The following contents are inclusive within the

stipulated page limit:

a. Pleadings

b. Conclusions

c. Annexure, if any

d. Appendices and footnotes.

Any issue or pleading, not discussed within the above mentioned contents of the Memorial shall

not be included in any other section of the Memorial.

3.4 The font of the body of the memorial should be Times New Roman, size 12, line spacing 1.5 &

headings should be 14. Bluebook 19th

edition must be strictly adhered to for citations.

3.5 Memorials should be spiral bound/hard bound.

3.6 Memorials should have one inch margin on all sides of each page.

3.7 Pages should be numbered at the bottom middle.

3.8 The memorial should not contain any photographs/sketches/exhibits/affidavits etc.

4 All memorials received within time schedule will be evaluated by the Memorial Evaluation

Committee (MEC) to be constituted by the Moot Court Society.

5 The evaluation will be done on the following parameters:

Criteria Maximum Marks

Knowledge of Facts and Law 25

Extent and Use of research 25

Proper and Articulate Analysis 20

Clarity and Organization 10

Correct Format and Citation 10

Grammar and Style 10

6. Evaluation done by the Moot Court Society shall be final and binding.


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V. SUBMISSION AND FORMATING OF THE MEMORIALS

Delay in the submission of the memorials, use of incorrect font or font size, use of font of

inconsistent size, or improper line spacing, failure to include all parts of the memorial, or inclusion

of an unremunerated part, substantive legal argument outside of approved sections of memorial,

improperly formatted index of authorities, excessive length, failure to include necessary information

on the memorial cover, inclusion of any identifying mark, character or text in the memorial shall

result in imposition of penalties.

VI. RESEARCHER TEST

There shall be a Researcher Test on 13th

September, 2016 and it is mandatory for all the researchers

to take part in this competition. Best Researcher shall be determined by the marks of the researcher

test; however the marks of the researcher test shall not be added to the mooting marks of any team.

VII. ROUNDS

1. Draw of lots

In the draw of lots, each team will be assigned a side (appellant/respondent). Fixtures of the teams

will be according to the Draw of lots.

2. Preliminary Round

Each team shall represent both the sides as decided during the draw of lots. The merit list shall be

prepared on the basis of twin wins and then otherwise cumulative scores shall be considered.

Note: The top 16 teams selected after this round will proceed to the Pre-Quarter Finals.

3. Pre-Quarter Finals

This will be a knock out round and each team shall represent only one side as will be decided by

the draw of lots. The winner of each court-room shall be decided on the basis of scores awarded by

the judges in this round only.

Note: The winning 8 teams selected after this round will proceed to the Quarter Finals

4. Quarter Finals

This will again be a knock out round and each team shall represent only one side as will be decided

by the draw of lots. The winner of each court-room shall be decided on the basis of scores awarded

by the judges in this round only.

Note: The top 4 teams selected after this round will proceed to the Semi Finals.


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5. Semi Finals

This will again be a knock out round and each team shall represent only one side as will be decided

by the draw of lots. The winner of each court-room shall be decided on the basis of scores awarded

by the judges in this round.

Note: The winners from each court room will proceed to the Final Round.

6.Final Round

The final round shall take place between the winners of the Semi-Final round.

VIII. PROCEDURE AND MARKING OF COURT ROUNDS

1. Each team will get a total of 25 minutes to present its case in the Preliminary, Pre-Quarter and

Quarter Final Rounds and 40 minutes for the Semi Finals and Finals. This includes the time for

rebuttal and sur-rebuttal.

2. The division of time per speaker is left to the discretion of the team. However maximum time for

each speaker shall not exceed 13 minutes for Preliminary, Pre-Quarter and Quarter Finals and 22

minutes in the Semi Final and Finals.

3. The arguments should be confined to the issues presented in the memorial.

4. The researcher needs to be present with the speakers during all the rounds.

5. Maximum scores for the court rounds will be 100 marks per speaker. The court rounds will be

judged on the following parameters:

IX. COURT MANNERS (ORAL ARGUMENTS)

(1) Any form of communication between the Bar table and any person other than those on the Bench

is prohibited, and if indulged in, will result in a penalty point

(2) Submission of any written material other than the memorials and any other documents related to

the proposition in hand to the Bench prior to, during or after oral arguments is not allowed and if

indulged, in will result in a penalty point.

(3) Failure to deliver an oral argument shall be considered in entirety, a disqualification.

Criteria Maximum Marks

Knowledge of Law 20

Application of Law to Facts 20

Ingenuity and Ability to Answer Questions 20

Style, Poise, Courtesy and Demeanor 20

Time Management 10

Organization 10


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(4) Use of any kind of electronic devices like laptop, mobile, ipads etc is strictly not allowed

during the moot proceedings.

X. DRESS CODE

Inside the Court Room the participants shall be in Formals.

Female(s): White Salwar and Kurta /White Shirt, Black Trouser and Black Tie along with Black Blazer

and Black Shoes.

Male(s): White Shirt and Black Trouser along with Black Tie, Black Blazer and Black Shoes

XI. AWARDS AND CERTIFICATES

Categories of Awards:

i. Winner of the Final Round will be given the “Best Team” award.

ii. Runner-up of the Final Round will be given the “1st Runner Up” award.

iii. Team placed 3rd

will be given certificate of “2nd

Runner Up”.

iv. Team with the highest memorial scores will be given the “Best Memorial” award.

v. “Best Mooter” award shall be determined on the basis of the total marks secured during the

Preliminary Round.

vi. In addition to the above, certificates will be issued to all the participants only during the

valedictory function and no prior request shall be entertained in any case.

XII. ACCOMMODATION, FOOD AND TRAVEL

Accommodation, Food and Transport for participating teams from the Hotel to the Venue will be

provided by the Organizer. Any change in the travel plan should be immediately intimidated to the

organizers. Accommodation shall be provided from 13th

Oct, 2016 12.00 PM to 15th

Oct 2016 12.00

PM. Teams have to make their own arrangements if they arrive before the mentioned period or stay

beyond it. No arrangement shall be provided to any additional team member of the team apart from the

registered members.

Note: Boys & Girls shall be provided separate accommodation.

XIII. DISPUTES

Any dispute about the Moot Court Competition shall be referred to the Moot Court Society, before the

end of the competition and its decision shall be final and binding.

XIV. CODE OF CONDUCT

(1) The language for the Moot Court Competition shall be English.


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(2) All participants are expected to maintain the decorum in the Court during the competition and are

expected to conduct themselves in a manner befitting the legal profession.

(3) Scouting: Speakers, a reserve or persons affiliated with the team, will not be permitted to hear the

arguments in any court room in which the team is not one of the contesting teams whilst the team is

still in the competition.

XV. CHEATING, INTIMIDATION AND MISCONDUCT

(1) Cheating or using of unfair means of any kind is strictly prohibited and if indulged in, shall result

in disqualification of the team.

(2) Intimidation in any form is prohibited and if indulged in, shall result in disqualification of the team.

(3) Misconduct, whether behavioural or otherwise, is not allowed and if indulged in, shall result in

disqualification of the team.

XVI. NON-COMPLIANCE WITH THE RULES OF THE MOOT COURT SOCIETYY

(1) The participants are required to comply with the rules formulated by the Organizing Committee at

all times during the Moot Court competition.

(2) In case of any non- compliance with the rules of the Moot Court Society penalty may be imposed

by deduction of marks and the teams may also be disqualified after they have been warned once.

(3) Grounds for Penalty/ Disqualification

i. Use of Electronic Devices like Mobile, Laptop, IPads etc

ii. Scouting

iii. Misconduct with the judges or with the Moot court Society.

XVII. MOOT COURT SOCIETYY

Faculty Convener- Ms. Shalini Saxena

Faculty Co-Convener- Ms. Shruti Das

Student Convener(s) – (i) Mr. Joyanto Chakraborty

(ii) Mr. S.K.Ghosh

Student Co-Convener(s) – (i) Mr. Lakshya Madan

(ii) Mr. Shivam Sharma

(iii) Ms. Ritika Sharma

(iv) Ms. Maham Haider

(v) Mr. Hardeep Singh

(vi) Mr. Kumar Rajat


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XVIII. QUERIES AND CLARIFICATIONS

In case of any questions related to problems or clarifications regarding the competition, feel free to

contact the following by 27th

September, 2016:

E-mail: [email protected]

Website: www.iuu.ac

Contact: Mr. Joyanto Chakraborty, Student Convener

Mobile- 7409165021

Mr. S.K. Ghosh, Student Convener

Mobile- 9045552749


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REGISTRATION FORM

INSTRUCTIONS: All participating teams are requested to fill in the details in capital letters and a

scanned copy of the filled form should be mailed to [email protected] to expedite allotment of

the team code. Please read the Rules & Regulations of the competition before submitting this

registration form.

1. UNIVERSITY/ INSTITUTION DETAIL

Name of University/ Institution: ………………………………………………………………………………………….

Address of University/ Institution: ………………………………………………………………………………………

Name of Dean / HOD: ……..……………………………………………….……………………………………………………

Telephone No.: ……………….……………..….………...... Fax No.: ……………………………….…………..……

E-Mail:………………………………………………………… Website: …..………...………………………………………….

2. SPEAKER 1

Name:………………………………………….……..……. Gender: ………………………………….…..…………………….

Course:…………………………………………………….. Year:…………………………………………….……………………

Mobile No: ………………….….…………………….... Email:…………………………………….……………..…………

3. SPEAKER 2

Name: …………..…………………………………..…….… Gender: ………..…………………..…………...................

Course: ……………………………..……..……………….. Year: ……………………………………………………………….

Mobile No: …………….……………………………..… Email: …………………………....………….………..………..

PHOTO

PHOTO


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4. RESEARCHER

Name: ………………………….……………….…. Gender: ……………………………………………………………………

Course: ……..……………………………………….. Year: …………………………………………………………………….

Mobile No: ……………..….………………………. Email: ………………………………….….……………..…….………..

5. DEMAND DRAFT DETAILS:

Name of the Bank: ………………………………………………………………………………………………………………….

Demand Draft No:.…………………………………………………………………………………….....……………………….

Amount: ………………………………………………………………………………………..………………………………………...

Date:…………………………………………..………………………………………………….………....…………………………….

Note: Demand draft should be in favor of “IMS UNISON UNIVERSITY” payable at Dehradun.

6. DECLARATION BY THE TEAM MEMBERS

We hereby certify that the information given by us is true and complete in all material respect. We

also undertake to abide by the Rules & Regulations of the Moot Court competition.

____________ _______________ ________________

Signature of Speaker 1 Signature of Speaker 2 Signature of Researcher

Date: Seal and Signature of the head of the Institution

PHOTO


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TRAVEL PLAN

1. Name of the Team Members:

Member1: …..…………………………………………………………..…………… Gender: ……………………………………

Member2: …………………………………………………………………………… Gender………………….…………….……

Member3: ………………………………………………………………………..…. Gender: ……………….…………………….

2. Name of University/ Institution: ………………………….…………………………………………………………………...

3. Arrival Details:

a. Mode of Arrival: Train Air Bus

b. Train/Flights No. & Name:………………………………………………….........................................................

c. Scheduled Arrival: Date ………………….. Time ……………. am/ pm

d. Coach No. (In case of Train):..........................................................................................................

5. Departure Details:

a. Mode of Departure: Train Air Bus

b. Train/Flights No. & Name: ……………………………………………….…………………………………………………….

c. Scheduled Departure: Date ………………….. Time ……………. am/pm

d. Coach No. (In case of Train):……………………………………………………………………………………………………

6. Any other details:

………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………………………………………..

____________ _______________ ________________

Signature of Speaker 1 Signature of Speaker 2 Signature of Researcher

Note: All the participating teams are requested to send the scanned copy of the travel plan via

e-mail to [email protected] by 7th Oct, 2016.



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IMS UNISON UNIVERSITY, DEHRADUN

4th NATIONAL MOOT COURT COMPETITION, 2016

October 13-15, 2016

Moot Proposition

1. Indiana is a federal republic country situated in south-east Asia along the equator. The country

gained freedom in 1957 after a long drawn struggle against a European nation which ruled the

country for almost two hundred years and established the common law system as is prevalent in the

other commonwealth countries. The Penal Code of Indiana was drafted way back in the 19th

century

and is in operation still today with some minor changes after the independence.

2. The Constituent Assembly of Indiana which was constituted prior to the independence drafted the

constitution of the country in 1960 which made Indiana a sovereign democratic&republic country as

per its preamble while the clauses of secular &socialist were added later by constitutional

amendment. The Indiana Constitution is acknowledged worldwide for the fundamental rights

guaranteed to its citizens.

3. Indiana is constituted of 24 states &5 union territories which are directly administered by the Central

Government. New Delporto is the capital of the state of Indiana and though it is also a Union

Territory but Delporto has been given a special status by virtue of which it has its own Government

although public order is maintained by the Home Ministry of the Union Government.

4. Delporto is an education hub of the country and student from across the country come to this city to

pursue various educational degrees and the city has some of the best colleges & universities of the

nation. One such university is Great Northern University (GNU) which has earned special reputation

through the years in the field of research and academic contributions. GNU has a very active culture

of student politics which sometimes turn violent as clashes between opposite ideological student

groups is very common.

5. Although there are a number of student unions in the university, but the Great Northern University

Students Union (GNUSU) is by far the largest of them all. The GNUSU has been winning the


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students council elections since the last 10 years at a stretch as a result of which the President of this

union always has a substantial influence among the other members of the union.

6. The GNUSU is a branch of the AISU (All Indiana Students Union), a left inclined organization

which has a traditional history of holding protests and student revolutions on various issues. In 2015

general elections were held in Indiana and the Indiana Peoples Party (IPP) came to power with a

huge mandate winning 270 of the 480 seats of the lower house of the Indiana Parliament. The

Indiana Peoples Party subscribes to right wing ideologies and for obvious reasons the GNUSU has

always been opposed to it politically. After coming to power, the IPP government embarked on an

economic reform mission which looked to liberalize the economy to bring more foreign investments.

These ideas did not go well with the GNUSU and as a result country wide protests were held by

them.

7. On June 8, 2016 a countrywide strike was called by the parent body of GNUSU and during the strike

a national highway was allegedly blocked by thesupporters of AISU in Utkal, anotherUnion

Territory in Indiana governed by the union government. The protestors were lathi charged by the

police and some of them were seriously injured and had to be admitted to the hospital. The protestors

claimed that they were just sitting peacefully on the road and that they were not given any warning

by the police before the lathi charge.

8. As soon as this news of lathi charge broke out through electronic and social media, violent protests

were held all across the country especially in Delporto. The GNUSU led the protest in capital city

and its presidentRamaiya Kumar became the face of the movement. One of the injured students,

Tomar Rashid filed a writ petition against the Union government claiming that his right to peaceful

assembly was infringed by the state and claimed adequate compensation for his injuries.

9. The movement gathered momentum and soon more students joined in. Political colours were also

added to the movement by the fiery speeches of the GNUSU leaders. On 16th

of June, 2016 a rally

was organized in Delporto by GNUSU to show solidarity to the injured students of Utkal. Meanwhile

some posters were put up across the campus of GNU which claimed that the rally was also in

solidarity of the hanging of Chengiz Khan, who was hanged 3 years ago on the same date. All such

posters had the signature of Ramaiya Kumar.

10. Chengiz Khan was a separatist leader who was the main accused in a terrorist attack at the Indiana

Parliament back in 2006. He belonged to the northern most state of Mashkir, which has always been


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an issue of dispute with the neighboring nation of Paristan.Mashkir has been the centre of

controversy for decades as a separatist movement has been going on since 1960.

11. As the rally began, the protestors who were high in energy and enthusiasm began to shout slogans

against the so called “dictatorship” of the government and pledged to fight against the government

till the date. Some of the incidents of the rally were recorded by various news agencies. Although the

rally ended peacefully, some videos began to circulate in social media where it was seen that the

Ramaiya Kumar in his speech claimed that Tuba deserved to be independent and that they will seek

independence at any cost. This video became viral and soon the government arrested Ramaiya

Kumar late at night and slapped him with the charges of sedition.

12. The session court held Ramaiya guilty and sentenced him to one year of imprisonment. He filed an

appeal in the High Court of Delporto where his lawyer also challenged the constitutionality of the

provision of sedition and argued that it is a colonial provision and has no relevance in an independent

nation like Indiana. The Delporto High Court while upholding the order of the session court issued a

certificate under Article 134A stating that the case involved a substantial question of law which

should be decided by the Supreme Court.

13. The news of Ramaiya Kumar’s arrest soon became a nationwide topic of discussion and all the news

channels dived into this phenomena giving extensive coverage to the issue. Some of the news

channels repeatedly telecasted the speech of Ramaiya Kumar and sympathies began to pour in from

certain sections of political and intellectual class of the nation who were ideologically opposed to the

IPP. The Paristani Prime Minister also made a statement sympathizing with Ramaiya and passively

endorsed his views on Mashkir.

14. As the monsoon session began, the government by virtue of its majority made an amendment to the

Press Councils Act, 1978. Section 14A was incorporated into the act which read as:

“Where, on receipt of a complaint made to it or otherwise, the Council has reason to believe that a

newspaper or news agency has offended against the sovereignty or integrity of the nation or national

interest or that an editor or working journalist has by their conduct either by written or orally tried

to manipulate public opinion against the sovereignty & integrity of the nation or against the elected

government, the Council may, after giving the newspaper, or news agency, the editor or journalist

concerned an opportunity of being heard, hold an inquiry in such manner as may be provided by

regulations made under this Act and, if it is satisfied that it is necessary so to do, it may, for reasons

to be recorded in writing, warn, , admonish, censure the newspaper, the news agency, the editor or


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the journalist, disapprove the conduct of the editor or the journalist as the case maybe or may

impose afine not exceeding Rs 10,00,000”

15. As soon as the amendment was passed, a number of newspapers and news channels were censured

and some of them were also fined. One of them, Mr. Kamal Kapoor, who is the head of “Indiana

24*7”, an English news channel, filed a petition in the Supreme Court of Indiana and challenged the

constitutionality of Section 14A of the Press Councils Act, 1978.

16. The Supreme Court of Indiana in the interest of justice clubbed the 3 matters given their inter

connection and listed them for final hearing.

Note: The Constitution, Press Councils Act & other laws of Indiana are pari materia with the

Constitution, Press Councils Act & other laws of India.

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