Live Blogging : 1st Edition of the NLUJ-NHRC Moot Court Competition, 2023

Welcome to the “Sun City” of Jodhpur, We are thrilled to introduce you to the inaugural NLUJ-NHRC Moot Court Competition, taking place

Welcome to the “Sun City” of Jodhpur, We are thrilled to introduce you to the inaugural NLUJ-NHRC Moot Court Competition, taking place from October 6-8 at the esteemed National Law University, Jodhpur. After careful preparation and with great enthusiasm, NLU Jodhpur proudly introduces this exciting venture in collaboration with the NHRC. Just like our previous endeavours, we are committed to creating an enriching environment for all participants to grow and excel. The competition is being organized under the patronage of the National Human Rights Commission of India in collaboration with our knowledge partners ,SCC Online and Eastern Book Company.

At NLU, Jodhpur, we’re dedicated to enriching education by providing intellectually challenging opportunities. We aim to foster growth in humanitarian law knowledge and research through this competition, offering a platform for participants to enhance their moot court skills and explore complex humanitarian law issues. The Moot Proposition is centered around digital privacy, the public responsibilities of major internet corporations like Google and Facebook, and the distinctions between honorable acquittal and acquittal based on technicalities in due process violations

With 22 participating teams hailing from prestigious law schools, this competition promises to be a captivating intellectual battleground. Expect a clash of legal minds that will undoubtedly make this event a thrilling and intellectually stimulating experience for all involved.
A warm welcome to all our esteemed judges and participants! We aspire to create an unforgettable experience for everyone involved.

The competition is about to begin, and we will keep you updated on everything. For more information, you may also follow us on Instagram, Linkedin, and Facebook. Best wishes to all the participating teams!

Vice Chancellor Prof. (Dr.) Harpreet Kaur presents the Chief Guest, Mr. Rajiv Jain with a Welcome Bouquet.  

Day 1 – 

11:00AMInaugural Ceremony and SCC Training Session

The First Edition of the NLUJ-NHRC Moot Court Competition was inaugurated by the esteemed chief guest, Mr. Rajiv Jain, the Vice-Chancellor, Prof. (Dr.) Harpreet Kaur and Dean, Faculty of Law, Prof. (Dr.) I.P. Massey. Following this, Ms. Akshita Saxena, the convenor of the Moot Court Committee delivered the introductory speech.

The inaugural speech was given by Prof. (Dr.) Harpreet Kaur and Mr. Rajiv Jain delivered the welcome address where he emphasized the intricate relationship between Human Rights and Business, saying “Conformity to human rights is not merely a legal exercise – international trade depends on certifications based on compliance to human rights”.

Prof. (Dr.) I.P. Massey then addressed the gathering, following which the inaugural ceremony concluded with an address by the Moot Court Committee Chairperson, Mr. Siddharth Balani.

This was followed by a SCC training session by Hemang Mankar, the SCC Campus Ambassador of NLUJ and a senior member of the MCC. Mr Mankar took examples from the Moot Proposition to demonstrate the optimal utilization of the tools and functionalities provided by SCC.

Lighting of the Inaugural Lamp.
Hemang Mankar conducting the SCC Training Session.

4:30PM – Judges Briefing

The judges presiding over the Preliminary Rounds were thoroughly briefed on the Moot problem. They were provided a detailed bench memorial and a summarized version of the memorials. These judges are esteemed legal authorities in their respective fields and are here to assess and evaluate each team’s grasp and proficiency in the field of law. The preliminary rounds will begin following this briefing.

Judges’ Briefing conducted by senior MCC members.

5:30PM – Preliminary Rounds 

The Preliminary Rounds have begun with boundless enthusiasm in all the courtrooms, and the teams are fully ready to present their diligently crafted arguments. The judges are actively engaged in analyzing the counsels’ arguments, and questions are pouring in. The teams are thoroughly prepared, responding to inquiries by referring to the pertinent laws. After an intense session of mooting, the teams will also submit their rebuttals and sur-rebuttals.

One of the prelimary round court rooms.
Preliminary Rounds.

7:30PM – End of Preliminary Rounds and High Tea 

The prelimary rounds ended on a successful note and the judges and participants stopped for a refreshing break. The competition is now heading into the Reverse Preliminary rounds starting at 8:00PM. The results of the two rounds combined will decide which teams will move into the quarter-finals, so the court rooms are buzzing with excitement!

 

8:00PM – Reverse Preliminary Rounds 

All the teams are now reinvigorated and filled with renewed enthusiasm as they prepare to deliver their arguments. In the Reverse Preliminary Rounds, each team will take on the challenge of presenting arguments for the opposing side, ensuring fairness and equal footing for all. With the rounds already in progress, participants are demonstrating their remarkable argumentative abilities and showcasing their mooting skills.

Reverse Preliminary Rounds.
Reverse Preliminary Rounds.

10:00PM – End of Reverse Preliminary Rounds 

The reverse prelimary rounds concluded with the same tremendous performance as the first. The teams were spectacular as expected and the anticipation for the results has begun!

The wait is finally over!

Here are the teams that have qualified for the Quarter-Finals –

Gujarat National Law University, Gujarat

Maharashtra National Law University, Mumbai 

Symbiosis Law School, Noida 

Rajiv Gandhi National University of Law, Punjab 

University Institute of Legal Studies, Chandigarh 

National University of Advanced Legal Studies, Kochi 

National Law Institute University, Bhopal

National Academy of Legal Studies and Research, Hyderabad. 

Day 1 of the competition concludes here, we are excited to see what Day 2 holds, all the best to all the teams!!

 

Day 2 – 

Energy is high in the NLUJ Campus as the 8 qualifying teams prepare to present their arguments once again. After a night of preperation, all teams are sure to be at the top of their game. We look forward to their rounds and wish them all the best!

12:00PM – Quarter-Final Rounds 

The judges have been briefed and the courtrooms have been set for an exhilarating mooting session. The rounds have begun and we are excited to see which teams can handle the pressure and move on to the next rounds.

 

Quarter-Final Rounds.
Quarter-Final Rounds.

The eagerly anticipates results have been announced! After an extraordinary display of skills and dedication, the teams advancing to the Semi-Finals are –

University Institute of Legal Studies, Chandigarh

Maharashtra National Law University, Mumbai

Rajiv Gandhi National University of Law, Punjab 

Symbiosis Law School, Pune 

Congratulations to all the teams!

 

4:00PM – Semi-Final Rounds 

Court Room 1 

University Institute of Legal Studies, Chandigarh and Symbiosis Law School, Noida engaged in a fierce round of arguments before the learned bench consisting of Mr. Ankit Swarup, Ms. Shreya Munoth and Mr. Vivek Mathur. The round began with University Institute of Legal Studies presenting their arguments as Petitioners. The team split the issues between themselves and delivered impressive and well-researched arguments. The learned bench presented the counsels with mutliple questions pertinent to their arguments, which the counsels answered with ease. Symbiosis Law School, Noida then took over, presenting their arguments as respondents. Both counsels from the SLS team put forth stellar arguments which the judges countered with their questions which the team answered tactfully. Then came the time for rebuttals and sur-rebuttals. Both teams handled the round impressively, demonstrating a clear understanding of the issue at hand and the laws involved. It was a closely matched round which increases the anticipation for the results even more.

Semi-Finals Court Room 1.

Court Room 2 

The court room was buzzing with energy as Maharashtra National Law University, Mumbai and Rajiv Gandhi National Universiy of Law, Punjab prepared for their round. The learned bench consisting of Mr. Siddharth Acharya, Mr. Deepesh Beniwal and Mr. Akshay Surana first heard the arguments by Maharashtra National Law University, Mumbai who  presented compelling arguments that were both well put and engaging. The judges highly engaged, posing numerous relevant questions to the counsels, who responded with confidence and finesse. The stage was then handed over to Rajiv Gandhi National University of Law, Punjab who presented impressive arguments as respondents. The judges were highly engaged in the discussion, posing questions and counter-questions to the counsels. The time for rebuttals and sur-rebuttals were a testament to both teams’ skill as oraters and moot participants, as they utilized the time to solidify their arguments and show a concrete understanding of the case at hand. It was an impressive round and we cannot wait for the results.

Semi-Finals Court Room 2.

The results are out! The teams that qualified for the finals tomorrow are:

Symbiosis Law School, Noida

Rajiv Gandhi National University of Law, Punjab

Congratulations to all the teams, we look forward to tomorrow’s final round!

 

Day 3 –

The highly anticipated moment has arrived! The commencement of the Final Rounds for the 1st NLUJ-NHRC Moot Court Competition is upon us. Our finalists, Rajiv Gandhi National Law University Punjab and Symbiosis Law School, Noida, are poised to engage in a fierce battle of legal prowess. Heading the distinguished bench for the Final Rounds are Honorable Judges at the Rajasthan High Court Justice Vinit Kumar Mathur, Justice Dr.Pushpendra Singh Bhati and Justice Dr. Nupur Bhati.

10:45AM –

The final rounds have begun with Symbiosis Law School, Noida presenting their arguments as petitioners. The first counsel contended that Akshay Pvt Ltd falls within the purview of state and that their actions constitute a violation of fundamental rights included in Articles 21 and 19. Quoting the celebrated judgement of K.S. Puttaswamy v. UOI, the counsel argued that the data breach and revealing of private data was wholly inexcusable.

The learned bench then questioned the counsel on the “right to forget” in furtherance of K.S. Puttaswamy and the specifics of the agreement mentioned in the proposition. The counsel answered the questions posed with poise and clarity. He then moved to the 4th issue, presenting arguments with regard to the charges levied against Mr. Antonious Pius. Here too, the judges posed pertinent questions that the counsel answered to their satisfaction.

The second counsel then started off by presenting her arguments on the second issue, she emphasized on the importance of the fundamental rights, claiming that access to internet is a fundamental right and the prohibition of access to internet is a violation of human rights. The famed Anuradha Bhasin case was quoted to substantiate this argument.
Specifically mentioning Article 19(2)’s wording that provides for “reasonable restriction”,  the counsel contended that the restrictions imposed in the issue at hand did not qualify as reasonable and hence must be entirely condemned. The learned bench then posed various questions to the counsel which were answered with a clear knowledge of law and fact. The team ended on a spectacular note and their performance has been beyond impressive. The podium now passes to Rajiv Gandhi National University of Law, Punjab to present their arguments.

Final Rounds – 1st NLUJ-NHRC Moot Court Competition.
The Learned Bench consisting of Justice Vinit Kumar Mathur, Justice Dr.Pushpendra Singh Bhati and Justice Dr. Nupur Bhati.

Rajiv Gandhi National University of Law presented their arguments as Respondents with the first counsel addressing issues three and four. The counsel addressed the question of whether the denial of access to the internet platform can be a violation of human rights. It was contended that such denial cannot be violative as the party concerned does not fall under the ambit of state. To substantiate this, the counsel referred to the case of Ajay Hasia v. Khalid Mujib. The counsel then advanced to the question of public function of the company and contended that the company does not perform any function similar to that of the state in its sovereign capacity. The counsel then answered various questions posed to him by the learned bench, displaying an acute knowledge of the issue and of law.

The second Counsel for the RGNUL team took up the first and second issues, arguing that the terms of the contract are binding and enforceable. The contract that arose between user and service providers fall under click wrap agreements, which is validated under Section 10 of the ICA. It was contended that the petitioner’s consent was free and voluntary and so the contract must be held as valid. Justice Dr. Nupur questioned the counsel about the choice presented to the petitioner in agreeing, as click wrap agreements present no scope for discussion. The counsel replied that irrespective of the question of choice, the petitioner voluntarily and knowingly entered into this contract.

Moving onto the next argument, the counsel argued that the petitioner cannot claim relief for the disciplinary proceedings conducted by the company. The counsel submitted that the outcome of criminal proceedings do not affect the company’s right to carry out their own disciplinary proceedings. Quoting various relevant cases, the counsel established the company’s right to take any action they see fit against an employee whose conduct merits disciplinary action. Justice Vinit raised a valid point when he inquired about the evidence being utilized by the disciplinary committee to take action against the petitioner, especially considering that this same evidence did not suffice for imposing criminal charges against the petitioner. The counsel, in reply, drew attention to the fact that the disciplinary committee has not yet reached a decision, the question is simply about the respondent’s right to conduct such proceedings.

 

Rebuttals and Surrebuttals – 

The session for rebuttals and surrebuttals began with the petitioners presenting their contentions with the respondent’s arguments. Valid questions were posed for the arguments presented, including the question of whether a private body like Akshay Pvt. Ltd. could impose reasonable restrictions on a fundamental right. The respondent’s team replied to each contention impressively and the surrebuttal ended with both teams showing impressive knowledge of fact and law and an ability to think on their feet.

Closing Ceremony-

The long-awaited moment has arrived! Following months of diligent research, practice, and unwavering dedication, the triumphant team now claims the ultimate prize! The succeeding participants have secured victory in the rounds.

Winning Team: Symbiosis Law School Noida(SLS Noida)

Runners-Up Team: Rajiv Gandhi National University of Law Punjab (RGNUL)

Best Memorial: National Academy of Legal Studies and Research (NALSAR)

Best Student Advocate: Kshitiz Saruparia (NALSAR)

Best Student Advocate of the Finals: Rahul Jain (SLS Noida)

With this, we draw the curtain on the 1st NLUJ-NHRC Moot Court Competition 2023. Throughout the competition, we trust that participants had opportunities for growth and developed a deeper appreciation for the intricacies of the law. As these three days come to an end, we genuinely hope that we have met and exceeded the expectations of both our participants and esteemed judges. Until next year, when we gather once more in our cherished Sun City!

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