Memorial drafting
Querist :
Anonymous
(Querist) 04 October 2021
This query is : Resolved
Moot Problem:
I need to draft memorial from both sides for the below moot probelm.
In the village of Mylapore in the State Ramil Wadu there is an eminent businessman turned
politician Rahul Raghuvanshi. He has been elected to Ramil Wadu assembly successfully 3
consecutive times. Rahul a management graduate from Annamalai 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 Bhargav Raghuvanshi,
Shri Raghav Raghuvanshi has been a 2 times MLA and 3 times MP from Mylapore 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 Annamalai 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 Saghatan the party which was in the opposition and arch rival of Janata Morcha the Party
in power.
Rahul Raghuvanshi was in a fix and catch 22 situation as the labourers besieged the bunglow 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, 2019 situation was extremely turbulent hence
the local police imposed Section 144 of Cr.PC and also detained a few labourers U/S 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 Shennai High
Court at Ramil Wadu challenging the detention of several workers and also claimed compensation.
The Shennai 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 Ramil Wadu assembly to broach a debate on Rahul Raghuvanshi’s
undue influence and causing loss to poor labourers. This led to furor in the Assembly demanding
resignation of Rahul Raghuvanshi was the post of standing committee for Education and
Environment. Rahul Raghuvanshi did not relent. This lead 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 constabulary. In the course of this chaos
Rahul Raghuvanshi made a public speech at Tradulai Swamy stadium on 16th February 2019 in
the course of his speech he called the agitators of Samaj Sanghtans as ‘wild creatures’ and urged
the Janata Morcha workers to give a ‘fitting reply’ to the protesters. This caused a furor 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 Febraury 2019
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, 2019 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, 2019. There was election hence
the commission report was debated fiercely then kept in abeyance. Samaj Sanghatan captured
Power and Muthuswamy Nair became the Chief Minister in November 2019 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 2019, 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 2019. The Magistrate took cognizance of the complaint and convicted Rahul Raghu
Vanshi for 3 years imprisonment on 18th November 2019. The order was challenged in court of
sessions court, on 22nd November, 2019 the order was upheld and eventually it was challenged in
Shennai High Court on 27th December 2019. The High Court admitted the appeal and overruled
conviction on 16th July, 2021 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 2021.
Issues:
1) Is he said appeal maintainable in the Supreme Court?
2) Is the High court justified in setting aside the session court’s order?
3) Does the case have anything pertaining to limitation act or has time barred as per the relevant
legal provisions?
4) Is sanction required for prosecution of Rahul Raghuvanshi as he is member of state assembly?
5) Is the government bound by the findings of Justice Viswanathan commission as regards its
implementation or not?
kavksatyanarayana
(Expert) 04 October 2021
A precious query is required. It is too long a story. Consult a local lawyer.
Dr J C Vashista
(Expert) 05 October 2021
This site is meant to help needy litigants and not to provide tutorial.
Seek guidance of your professor/ coach / tutor.
