TEAM CODE- 21
NHRC -RGNUL HUMAN RIGHTS NATIONAL MOOT COURT
COMPETITION 2023
Before
THE HON’BLE HIGH COURT OF BHANU PRADESH
ORIGINAL WRIT JURISDICTION
PUBLIC INTEREST LITIGATION
W.P. (CIVIL) No.22 OF 2022
(UNDER ARTICLE 226 OF THE CONSTITUTION OF
SHALVAK)
IN THE MATTER OF
Centre for Therapeutic Legal Healing
Versus
State of Bhanu Pradesh and Others
UPON SUBMISSION TO THE HON’BLE CHIEF JUSTICE AND HIS
COMPANION JUSTICES OF THE HON’BLE HIGH COURT OF BHANU
PRADESH
MEMORIAL ON BEHALF OF THE RESPONDENTS DRAWN AND
FILED BY THE COUNSELS FOR RESPONDENTS
TABLE OF CONTENTS
Table of contents……………………………………………………………2
List Of Abbreviations……………………………………………………….
Index Of Authorities………………………………………………………...
Statement of Jurisdiction…………………………………………………….
Statement of facts……………………………………………………………
Statement of Issues………………………………………………………….
Summary of Arguments……………………………………………………..
Arguments Advanced………………………………………………………..
LIST OF ABBREVIATIONS
¶ Paragraph
& And
Admn. Administration
AIR All India Reporter
Anr. Another
Art. Article
Co. Company
Const. Constitution
Ed. Edition
Hon’ble Honorable
i.e. That is
Ltd. Limited
Ors. Others
PIL Public Interest Litigation
SC Supreme Court
SCC Supreme Court Cases
SCJ Supreme Court Journal
Sec. Section
u/a Under Article
UDHR Universal Declaration of Human
Rights
ICCPR International Convention Civil and
Political Rights
INDEX OF AUTHORITIES
CASES
S. no. Case Law Citation Foot Note Page No.
No.
BOOKS
D.D. Basu, Shorter Constitution of India (Volume 1, 1st Edition: 2011)
D.D. Basu, Commentary on the Constitution of India: Articles 13 and 14
H. Seervai, Constitutional Law of India (Volume 1, 4th Edition: 2017)
M.P. Jain, Indian Constitutional Law (8th Edition. 2018)
Prof. Willis, Constitutional Law, (1 ed)
LEGISLATIONS
1. The Constitution of India
2. THE Mental Healthcare Act, 2017
3. Companies Act 2013
4. Drugs and Cosmetic Act 1940
5. IT Act 2000
6. Pharmacy act 1948
7. Central Drugs Standard Control Organization Guidelines
LEGAL DATABASES
1. Manupatra
2. SCC Online
3. West Law
4. Hein Online
CONVENTIONS
1. Universal Declaration of Human Rights
2. International Convention Civil and Political Rights
3. United Nation Convention on Restrictive Business Practises
STATEMENT OF JURISDICTION
The Hon’ble Supreme Court of Sangrah has the jurisdiction in this matter under
Article 32 of the Constitution of Sangrah which reads as follows:
Remedies for enforcement of rights conferred by this Part:
—(1) Notwithstanding anything in article 32, every High Court shall have power, throughout
the territories in relation to which it exercises jurisdiction, to issue to any person or
authority, including in appropriate cases, any Government, within those territories
directions, orders or [writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the
rights conferred by Part III and for any other purpose.]
(2) The power conferred by clause (1) to issue directions, orders or writs to any Government,
authority or person may also be exercised by any High Court exercising jurisdiction in
relation to the territories within which the cause of action, wholly or in part, arises for the
exercise of such power, notwithstanding that the seat of such Government or authority or
the residence of such person is not within those territories.
[(3) Where any party against whom an interim order, whether by way of injunction or stay
or in any other manner, is made on, or in any proceedings relating to, a petition under clause
(1), without—
(a) furnishing to such party copies of such petition and all documents in support of the plea
for such interim order; and
(b) giving such party an opportunity of being heard, makes an application to the High Court
for the vacation of such order and furnishes a copy of such application to the party in whose
favour such order has been made or the counsel of such party, the High Court shall dispose
of the application within a period of two weeks from the date on which it is received or from
the date on which the copy of such application is so furnished, whichever is later, or where
the High Court is closed on the last day of that period, before the expiry of the next day
afterwards on which the High Court is open; and if the application is not so disposed of, the
interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said
next day, stand vacated.]
[(4)] The power conferred on a High Court by this article shall not be in derogation of the
power conferred on the Supreme Court by clause (2) of article 32.]
The Present Memorandum Sets Forth the Facts, Contentions and Arguments in the Instant
Case.
STATEMENT OF FACTS
Background
Republic of Shalvak is the third largest democratic country in the world with 27 provinces
and 3 Centrally Administered Units. The Constitution of the Republic of Shalvak provides six
Fundamental Rights including Right to Life under Article 21 of the constitution and several
other Human Rights and Statutory Rights which are at par with international documents
including Universal Declaration of Human Rights etc.
Unnatural death of Nandvandan and Family
On 6th dec the police in Chandrikapur district, received a complaint of unnatural death of 6
members of a family. The investigation suggested that the head of the family Mr. Nandvan
was suffering from depression due to continued harassment and pressure at work place. He
was taking calioregamantle tablets as anti-depressants drug without any prescription from an
e-commerce website named Flipdeal. He had an argument with his supervisor at his work
place, upon which he was warned of disciplinary actions by the supervisors, 2hrs after which
all family member died due to over dose of calioregamantle medicine. There were no policies
in the workplace regarding organizational behaviour related training and no counsellor was
available to assess the psychological status of the employees.
Manufacturing and sale of drugs fatal for heath - Calioregamantle medicine is a restricted
drug unprescribed dose of which could result in fatal consequence leading even to heart
attack. Amidst that Moon Pharmaceutical Pvt. Ltd. which was manufacturing this medicine
in the Republic of Shalvak did not carry out the necessary tests and hence it was made easily
available for the market. The e-commerce platform Flipdeal that facilitated the sale of the
medicine is hosted in the United States of America. The platform could be accessed from the
Republic of Shalvak. The medicine is listed as ‘available’ when the investigation was being
carried out.
Present status – While the matter was listed before court , unnatural death of Nandvan and
his family started airing on Media which attracted the attention of NGO Center For
Therapeutic Legal Healing , following which writ petition was filed in High Court of Bhanu
Pradesh.
STATEMENT OF ISSUES
ISSUE I
WHETHER THE PRESENT CASE IS MAINTAINABLE IN THE HIGH
COURT OF BHANU PRADESH OR NOT?
ISSUE II
WHETHER THE HIGH COURT OF BHANU PRADESH CAN DIRECT
FOR FORMULATION OF MENTAL HEALTH REGULATION
RELATED LAWS AND POLICY GUIDELINES?
ISSUE III
WHETHER THE US BASED E-COMMERCE PLATFORM ‘FLIPDEAL’
IS LIABLE FOR FACILITATING THE SALE OF UNPRESCRIBED
MEDICINE?
ISSUE IV
WHETHER THE PHARMACEUTICAL COMPANY ‘MOON
PHARMACEUTICAL PVT LTD.’ IS LIABLE FOR MANUFACTURING
THE DRUG WHICH IS CONTENDED TO BE DANGEROUS FOR
HEALTH?
SUMMARY OF ARGUMENTS
