2nd Intra-Moot Court Competition, 2025
MOOT PROPOSITION
Dr. Raina Thomas v. State of Zaroon
1. Dr. Raina Thomas is a 38-year-old Republic of Indigonia citizen. She is an
internationally renowned human rights attorney, specializing in constitutional and
criminal law. Dr. Thomas is also a tenured professor at the Faculty of Law, University
of East Indigonia, and holds positions as visiting scholar at several national and
international institutions.
2. Dr. Thomas is associated with a non-governmental organization (NGO) called Justice
Now Foundation. The Foundation is recognized for its activities in the fields of access
to justice, custodial rights, police reform, and legal aid to marginal communities. The
organization is funded by grants from philanthropic donors and discloses its activities
openly to the national supervisory agency.
3. In the last few years, Zaroon has seen a significant amount of civil unrest, precipitated
by reports of police abuses, paramilitary deployment, and the heightened deployment
of intelligence and surveillance units. There have been several complaints and media
accounts that indicate trends of arbitrary arrest, disappearances, custodial ill-
treatment, and repression of dissent.
4. In this context, Justice Now Foundation launched a state-wide fact-finding mission in
June 2025. The mission was assigned to document allegations of human rights abuses,
especially in semi-rural areas in the state of Zaroon, and submit the data to relevant
statutory commissions, such as the Indigonia Human Rights Commission (IHRC).
5. Under this mission, Dr. Thomas had visited Kashiabad, district headquarters, on 11
July 2025. Her travel plan, accommodation arrangements, and research objectives had
been properly communicated to local administrative officials as a matter of procedure.
She was accompanied by a local interpreter, Mr. Faizan Qureshi, and a trainee
paralegal, Ms. Anjali Nair.
6. On 12 July 2025, Dr. Thomas interviewed family members of suspected victims of
custodial torture, went to a legal aid clinic, and organized a closed-door community
meeting at the Sarvodaya Hall in Kashiabad. It was attended by approximately 50
villagers, two local journalists, and members of a local human rights group called
Zaroon Legal Forum.
7. After the community meeting, around 8:30 PM, Dr. Thomas was stopped by three
plainclothesmen whom she did not know outside the hall. Eyewitnesses reported that
she was suddenly accosted and pushed into a white unmarked van with no official
insignia or registration. No warrant of arrest or judicial document was shown. The
incident was observed by a minimum of five local community members, including
Ms. Nasreen Patel, school teacher, and community organizer.
2nd Intra-Moot Court Competition, 2025
8. Dr. Thomas did not put up any resistance to the authorities and was composed
throughout the encounter. Her cell phone, laptop, case files, and notebooks were
confiscated from her by the men. Mr. Qureshi and Ms. Nair, who tried to pursue the
van, were allegedly threatened and told to go back. The van left towards Shilgarh, a
military area about 25 km from Kashiabad.
9. On that same evening, Ms. Anjali Nair tried to reach Dr. Thomas over the phone and
through email, but all lines were inactive. The hotel manager, where Dr. Thomas had
registered, informed that her room was opened by unknown individuals at midnight,
and some of her personal items were stolen.
10. Ms. Nair and Mr. Qureshi went to the Kashiabad Police Station on 13 July 2025 to
find out about Dr. Thomas's whereabouts. The SHO has claimed to have no record of
arrest or detention. There was no General Diary (GD) entry or FIR on the subject
matter. The officers had allegedly refused to accept a missing person report at first,
citing "higher instructions" and "security protocols."
11. Dr. Thomas's relatives, who were located in Riverfield City, were immediately
notified. Her sister, Ms. Priya Thomas, a media advisor, went to Zaroon the following
day. She was accompanied by local legal advice and registered a complaint and made
representations to:
o The Director General of Police, Zaroon o The Home Secretary, Zaroon
o The National Human Rights Monitoring Cell
o The District Legal Services Authority, Kashiabad
12. All the offices denied custody of Dr. Thomas or did not respond. On 14 July 2025,
Kashiabad Police Station offered to register a missing person report under duress from
media and public interest lawyers.
13. On 15 July 2025, Justice Now Foundation organized a press conference accusing the
enforced disappearance of Dr. Thomas. The conference was covered by a number of
independent media. International human rights groups, such as Liberty Watch
International, were drawn to this and issued a statement indicating that it was
concerned at the seemingly poor procedural protection.
14. On 16-17 July 2025, local media and members of civil society reported that they had
been told Dr. Thomas was being detained within the Shilgarh Military Cantonment, in
Block C, an old barracks complex purportedly taken over by the Zaroon State
Intelligence Bureau (ZSIB).
15. This facility, although situated on military land, is neither a notified detention centre
nor a recognized custodial institution under any legislation. It is not subject to judicial
or civilian control. Efforts by the media to go near the area were met with blockades
and brute force dispersal.
2nd Intra-Moot Court Competition, 2025
16. On July 18, 2025, an unidentified officer who claimed to be a ZPIB employee talked
to media outlet Indigonia Free Voice and conceded that Dr. Thomas was in
"protective custody" due to allegedly "working in collaboration with foreign-funded
destabilizing elements." The officer declared that she would not be released "until the
investigation is complete," without elaborating on the length or legal ground.
17. Dr. Thomas has never since her apprehension been produced before a magistrate, as
provided under Section 187 of the Indigonia Nagarik Suraksha Sanhita, 2023 which
requires production within 24 hours of arrest.
18. Her family, friends, and legal advisors have not been permitted to speak to her or
confirm her health and well-being. No official arrest memo, reasons of arrest, or
notice under Article 22(1) has been served. All requests were either denied invoking
"national security" or went unanswered. Dr. Thomas's fate continues to remain
officially unadmitted until 26 July 2025.
19. On 25 July 2025, a petition was filed with the High Court of Zaroon, requesting an
urgent order to the respondents to bring Dr. Raina Thomas before the Court and to
hold her detention illegal.
In the present writ petition following questions of law are before the Hon’ble High Court of
Zaroon for adjudication. (Two issues are given, parties are free to frame other issues of their
choice.)
1. Whether a writ is maintainable in the present circumstances?
2. Whether the continued detention of Dr. Raina Thomas without producing her before a
magistrate violates Article 22 of the Constitution?
3. Whether the absence of a formal arrest record and denial of legal counsel amount to a
violation of Articles 21 and 14?
NOTE:
The laws of the Indigonia are in Pari Materia with that of India and must be interpreted in its
true sense and spirit. The Hon’ble High Court of Zaroon considers the leading common law
precedents as being highly persuasive. Hence, all the relevant ancient, modern, texts of
Indian laws may be referred for arguing the case.
