XIITH UPES INTERNAL MOOT COURT COMPETITION, 2017

IN THE HONBLE SUPREME COURT OF INDIA

AT NEW DELHI

(Under Article 32, 134 of the Indian Constitution, 1950)

Mr. Sahispal Narayan Mittal.. Appellant

NHRC..Appellant
V.
CBI.Respondent

MEMORIAL ON BEHALF OF APPELLANT

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TABLE OF CONTENTS

LIST OF ABBREVIATIONS..

INDEX OF AUTHORITIES....

STATEMENT OF JURISDICTION ....

STATEMENT OF FACTS

ISSUES RAISED

SUMMARY OF ARGUMENTS

ARGUMENTS ADVANCED.
1) WHETHER THE CBI OFFICIALS WOULD BE LIABLE FOR ABETMENT TO
SUICIDE U/S 306 OF THE INDIAN PENAL CODE?

1.1 That the suicide note is valid and is direct evidence against respondents as per
the evidence act
1.2 That the CBI officials were responsible for abatement of suicide under the
criminal law.
2) WHETHER THE ALLEGED CBI OFFICIALS RESPONSIBLE FOR THE DEATHS
BE BOUGHT DOWN FROM THEIR POSTS AND WOULD BE HELD LIABLE TO
PAY COMPENSATION TO MR. S. N. MITTAL FOR THE LOSS SUFFERED BY
HIM ON ACCOUNT OF HUMAN RIGHTS VIOLATION

2.1 That the CBI officials acted beyond the capacity of public servant.

2.2 CBI officials infringed principle of natural justice while exercising administrative
duty.

PRAYER

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LIST OF ABBREVIATIONS

A.I.R.................................................................................................. ALL INDIA REPORTERS

Bom.................................................................................................................................Bombay

Del...................................................................................................................................Delhi

The Central Bureau of Investigation.................................................................................... CBI

Hc...................................................High Court

Sec.................................................................................................................................. Section

SC.....................................Supreme Court

u/s.. ...................................................Under Section

U.O.I......................................................................................................................union of India

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INDEX OF AUTHORITIES

CASE LAWS

Arjun kushwah v. state of M.P. ; 1999 Cr Lj 2538

Ashabai v. state of Maharashtra , (2013) 2 SCC 224
Bhagat Ram Patanga V. State Of Punjab (1972) 2 SCC 170.
Keshav Mills Co Ltd V. Union of India; (1973) I SCC 380.
M.S. Nally Bharat Engg. Co. ltd V. State Of Bihar; (1990) 2 SCC 48.
Randhir singh and other vs. state of Punjab, 2004(13) SCC 129
State anti corruption bureau VS. P. suryaprakasam; (2008) 14 SCC 13.
Sant gopal V. state of U.P.; 1995 CrLJ 312

BOOKS AND STATUTES

Constitution of India, 1950

Indian Evidence Act , 1872

Indian Penal Code, 1860

The Public Servants (Inquiries) Act, 1850

INTERNET SITES

Criminal law journal

NHRC

SCC

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STATEMENT OF JURISDICTION

The petitioner has approached the court under the article 32 and 134 of the Indian constitution.

ARTICLE 32 Remedies for enforcement of rights conferred by this Part

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the
rights conferred by this Part is guaranteed

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in
the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may
be appropriate, for the enforcement of any of the rights conferred by this Part

(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ),
Parliament may by law empower any other court to exercise within the local limits of its
jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 )

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for
by this Constitution

ARTICLE 134 Appellate jurisdiction of Supreme Court in regard to criminal matters

1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a
criminal proceeding of a High Court in the territory of India if the High Court has on appeal
reversed an order of acquittal of an accused person and sentenced him to death; or has withdrawn
for trial before itself any case from any court subordinate to its authority and has in such trial
convicted the accused person and sentenced him to death; or

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(c) Certifies under Article 134A that the case is a fit one for appeal to the Supreme Court:
Provided that an appeal under sub clause (c) shall lie subject to such provisions as may be made
in that behalf under clause (1 ) of Article 145 and to such conditions as the High Court may
establish or require

(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear
appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in
the territory of India subject to such conditions and limitations as may be specified in such law.

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STATEMENT OF FACTS

(1) The Central Bureau of Investigation (CBI)assigned to curb white collar crime,,got the
information of such act being committed by Mr. Sahispal Narayan Mittal (60 years),Directorate
General of Human Resources Development (DG-HRD), from unidentified sources.On 11th
JANUARY, 2017 raids were conducted by CBI and they made cash recovery in three different
locations. The first was farm house owned by Mr S.N Mittal also assessable by son RajatMittal ,
the other location was personal residence and residential office respectively.On further
investigation, it came to light that nine reputed universities in New Delhi wereinvolved in
bribing Mr. S.N. Mittal for regulating admission criteria and increasing the numberof seats and
courses in the Universities. Out of the nine universities included in this, University of Geo-
informatics and Agricultural Studies (UGAS) was owned by his son Mr. Rajat Mittal.
Subsequently, for further investigation CBI looked into the bank statements of the shareholders
and owners of the involved nine universities which lead to recovery of black money from
UGASs account. It was also found that UGAS has two accounts and no person in the finance
department of the University was aware of the account from where the black money was
recovered. However, no cash recovery was made from his personal residence where Mr. S.N.
Mittal used to stay with his wife Mrs. Dipti Mittal (57 years) and daughter Ms. Tanya Mittal
(27years).

(2) On 19th January, 2017, wife and daughter of Mr. S.N. Mittal were found dead in his
personal residence, which was reported at 1:00 p.m. in the afternoon by their maid. On this
fateful day at around 1:30 pm, the Delhi Police Commissioner seized their residence and
collected prima facie investigation and the bodies were sent for post mortem. Two suicide notes
and a bottle of cyanide poison were recovered from their residence. Delhi Police handwriting
correspondenceexperts confirmed that the letters were written by Mrs. Dipti Mittal and Ms.
Tanya Mittal respectively.

(3) Further, the Post mortem report revealed that the reason for their death was cyanide poison.
Thesuicide notes blame the CBI officials for their harassment and maltreatment during the
process ofinvestigation. Names of two female CBI officials, Mrs. Drishti Dutt and Mrs. Sakshi

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Khandugawere flashed in the suicide notes, which stated that they were responsible for the death
that iscaused. This incident immediately attracted the attention of the media and they started
coveringthe whole case, which raised questions on the high handedness of the CBI officials
responsiblefor investigation. This lead to a huge political and public unrest in the country.
Furthermore, Interview of the relatives of Ms. Dipti Mittal and Ms. Tanya Mittal with
Dailybuzz,a very eminent news channel widely viewed throughout the country, revealed that Ms.
TanyaMittal was engaged to Mr. Shreyas Thakur, son of a very eminent businessmen and her
marriagewas broken due to the ongoing Controversy. They also highlighted that her mother was
sufferingfrom mental depression due to the same.

4) On 25th January, 2017 another dreadful incident took place where the body of Mr. Rajat
Mittalwas found hanging from the ceiling fan in his Madhur Vihars residence. The incident
came intonotice, a day prior to his death, where Mr. Rajat Mittal sent copies of his suicide note
to severalmedia organizations. A team of Delhi police visited the office of the courier company
reportedlyused by Mr. Rajat Mittal to send the notes. Employees of the company confirmed that
eightcouriers to several media houses were sent by the person identified as Mr. Rajat Mittal. In
the suicide note Mr. Rajat Mittal alleged that the CBI DIG claimed that he was close to
apolitician from the ruling party and has allegedly abused Mr. Rajat Mittals mother over
phoneand threatened to torture him in jail. The two women officers accompanying the CBI DIG
havealso allegedly slapped his mother and sister. Thus, he states that the mental and physical
torturecaused, were the main reasons for him to suicide. As soon as the news broke it became
viral onthe social medias site linking the suicide note with the top politician. Supporters of
differentpolitical parties have been trying to get the hash tag CBIuncagedvulture was trending all
overtwitter.

5) On 25th February, 2017, Mr. S.N. Mittal filed a case against the CBI for abetment to suicide
inthe Delhi Sessions Court claiming maximum punishment to the alleged CBI official, Mr.
VinodKakkad and two lady officers Mrs. Drishti Dutt and Mrs. Sakshi Khanduga. Delhi Sessions
Court gave decision in favor of CBI officials, acquitting them of charges ofabetment to suicide
stating that CBI officials were acting under the ambit of the powers grantedto them under law.
Mr. S.N. Mittal further filed an appeal in the Delhi High Court. The Honble High Court
upheldthe decision of the Sessions Court and granted certificate to appeal.

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6) Meanwhile, the National Human Rights Commission (NHRC) took suo motu cognizance
ofmedia reports which indicate the mental and physical torture by the officers of CBI,
duringinvestigation. NHRC issued notice to the CBI director for sharing the suicide note and
asked him to send anaction taken report on the allegation made in the notes within 72 hours
(including the names ofthe delinquent public servants). Taking serious view of alleged illegality
and serious humanrights violation by the CBI, the commission observed that the body is
supposed to investigateoffenses as per law in a scientific manner by carrying out investigation in
human rights friendlyway. It stated that the CBI is not allowed to resort to assault, mental and
physical of an allegedoffender or his family members. Thus, it fully endorses the reported
statement made by Mr. RajatMittal in his suicide, questioning the reasons that pushed Mr. Rajat
Mittals mother and sister tosuicide when they had no involvement

7) The report submitted by the CBI director was according to NHRC insufficient. Therefore,
theyconducted a suo moto investigation and submitted the report to the Central
Government.According to the report submitted by NHRC there were serious violation of Human
Rights whichresulted in the death of two innocent victims, due to the acts of the alleged CBI
officials underthe garb of investigation of crime. Based on their investigation and report, NHRC
filed a writ petition in the Supreme Court againstthe CBI officials for the violation of Human
Rights in the present matter. Also, Mr. S.N. Mittalaggrieved by the decision of Delhi High Court
filed an appeal in the Supreme Court of India onthe same grounds of allegation. Both the
Petitions are posted in front of the Supreme Court before a Singly Judge bench on 25 thAugust,
2017.

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ISSUES RAISED

1) Whether the CBI officials would be liable for Abetment to suicide u/s 306 of the
Indian Penal code?

2) Whether the alleged CBI officials responsible for the deaths be bought down
from their posts and would be held liable to pay compensation to Mr. S. N.
Mittal for the loss suffered by him on account of Human Rights violation ?

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SUMMARY OF ARGUMENTS

1) WHETHER THE CBI OFFICIALS WOULD BE LIABLE FOR ABETMENT TO

SUICIDE U/S 306 OF THE INDIAN PENAL CODE?

The appellant humbly submits as follows , the CBI officials would be liable for the
abatement to suicide under sec 306 of the Indian Penal Code. This can be proved by the
fact that the suicide note is direct and valid evidence in the court of law. The declarations
made at the time of death known as dying declaration are valid evidence in the court. The
suicide note comes under the category of relevant facts and the relevant facts are accepted
as evidence in the court.

2) WHETHER THE ALLEGED CBI OFFICIALS RESPONSIBLE FOR THE

DEATHS BE BOUGHT DOWN FROM THEIR POSTS AND WOULD BE HELD
LIABLE TO PAY COMPENSATION TO MR. S. N. MITTAL FOR THE LOSS
SUFFERED BY HIM ON ACCOUNT OF HUMAN RIGHTS VIOLATION ?

The appellant humbly submits as follows ,the alleged CBI officials responsible for the
deaths be bought down from their posts and would be held liable to pay compensation to
Mr. S. N. Mittal for the loss suffered by him on account of Human Rights violation . This
can be proved as the CBI officials being the Public servant acted beyond their duties
which was the reason for suicide the S.N. Mittals wife, daughter and son. The excessive
use of power and the breach of principle of natural justice by the officials lead family to
commit suicide

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ARGUMENTS ADVANCED

1) Whether the CBI officials would be liable for Abetment to suicide u/s 306 of the
Indian Penal code?

The council on the behalf of appellants most humbly submits thatthe CBI officials would
be liable for the abetment to suicide u/s 306 of the Indian penal code. The suicide note is
valid and is the direct evidence against the respondents as per the evidence act.

1.1 That the suicide note is valid and is direct evidence against respondentsas per
the evidence act.

The suicide note is the evidence stating relevant facts and as per the sec 2 of the Indian
Evidence Act , 1872 evidence may be given of the facts in issue and the relevant facts .
The suicide note contains clearly the name of the two lady officers who harassed and
which ultimately lead to suicide by wife and daughter of S.N. Mittal.

Sec 32 of the Indian Evidence Act, 1872 states the relevant facts by the person who is
dead or cannot be found etc is relevant in the court. The clause (1) of sec 32 states when
the statement is made by a person as to the cause of his death , or as to any of the
circumstances of the transaction which resulted in his death , in cases in which the cause
of that persons death comes into question.

The words dying declaration means a statement written or verbal of relevant facts made
by the person who is dead. A dying declaration as a evidence is admissible not only
against the person actually causing death but also against other persons participating in

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causing death. 1 Dying declaration is an exception to the general rule against hearsay.
The grounds of admission are firstly, the victim is generally the only principle eye
witness to the crime ; secondly, sense of impending death creates a sanction which is
equal to the obligation of a oath . a man would not like to meet his maker with a lie in his
mouth. 2 a dying declaration made by the victim in a fit mental state but on the verge of
death has a special sanctity of the solemn moment.

The dying declaration made voluntarily, not tainted by tutoring or animosity, and is not a
product of the imagination of the declarant , in that event , there is no impediment in
convicting the accused on the basis of such dying declaration.3

Circumstances of the transaction : the evidence that is the suicide note is the
circumstantial evidence. The statement should be made before the cause of death has
arisen . the circumstance in the problem are the circumstances of transaction and so it is
admissible . due to the investigation by the CBI officers there was suicide committed by
the family members of Mr. S.N. Mittal. This is a circumstantial transaction .

1.2 That the CBI officials were responsible for abatement of suicide under the
criminal law.

Section 306 of the Indian penal code states if any person commits suicide , whoever
abets the commission of such suicide is abatement of suicide and is liable for penalty
under the section .

In the case sangarabonia sreenu v. state of Andra Pradesh , the basic constituents of an
offence under this section are suicidal death and abetment thereof . As stated in the facts
that son , daughter , wife of Mr. Mittal were deadit was a suicidal death as they
consumed the Cygnus poison, the suicide was due to the harassment which was caused

1
Sant gopal V. state of U.P.; 1995 CrLj 312
2
Arjun kushwah v. state of M.P. ; 1999 Cr Lj 2538
3
Ashabai v. state of Maharashtra , (2013) 2 SCC 224

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by the CBI officials . This was clearly stated in the suicide note that CBI officials caused
harassment to the family members of Mr. Mittal which abetted in committing of suicide.

Whoever either prior to or at the time of the commission of an act, does anything in order
to facilitate the commission of that act, and thereby facilitates the commission thereof, is
said to aid the doing of that thing. As stated in the suicide note before their death they
were mentally pressurized by the CBI officials.

In randhir singh and other vs. state of Punjab the Hon'ble Supreme Court observed as
under ''Abetment involves a mental process of instigating a person or intentionally aiding
that person in doing of a thing.4

Hence, the mental agony which was caused to the victims by the officials acted as
abatement which forced them to suicide and so the officials should be liable for
abatement to suicide under sec 306 of the Indian penal code , 1860.

2) Whether the alleged CBI officials responsible for the deaths be bought down from
their posts and would be held liable to pay compensation to Mr. S. N. Mittal for the
loss suffered by him on account of Human Rights violation ?

The council on the behalf of appellants most humbly submits that ,the alleged CBI
officials responsible for the deaths be bought down from their posts and are liable to pay
compensation to Mr. S.N. Mittal for the loss suffered by him on account of human rights
violation. As the CBI officials acted beyond the capacity of public servant, the officials
infringed principle of natural justice while exercising the administrative duties.

2.1 That the CBI officials acted beyond the capacity of public servant.

4
(2004(13) SCC 129

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Sec 21 of the Indian Penal Code, 1860 ; states that the word public servant denotes a
person falling under any of the descriptions hereinafter following, namely:
The clause 8 of the sec 21 of IPC states Every officer of the Government whose duty it is,
as such officer, to prevent offences, to give information of offences, to bring offenders to
justice, or to protect the public health, safety or convenience; as stated in the problem
Central Bureau of Investigation (CBI), a special force assigned to curb white collar
crime, so it comes within the ambit of a public servant.

Section 2 The Public Servants (Inquiries) Act, 1850

Articles of charge to be drawn out for public inquiry into conduct of certain public
servants. Whenever the Government shall be of opinion that there are good grounds for
making a formal and public inquiry into the truth of any imputation of misbehavior by
any person in the service of the Government, not removable from his appointment
without the sanction of the Government it may cause the substance of the imputations to
be drawn into distinct articles of charge, and may order a formal and public inquiry to be
made into the truth thereof.

Section 6 of the Public accountability, vigilance and prevention of corruption act. 1947
sates discretion to prosecute or not to prosecute a public servant ; sanctioning authority
has to apply its mind to material on record and form its own opinion , but if the material
makes out the offence , authority is bound to accord the sanction.

The competent authority has to examine independently and impartially the material on
record to form his own opinion and the public authority should work without causing any
harm or mental disturbance to the other.5

Administrative action: when a public servant by mala fide, oppressive and capricious acts
in performance of official duty causes injustice, harassment and agony to common man
and renders the state or its instrumentality liable to pay damages to the person aggrieved.

5
State anti corruption bureau VS. P. suryaprakasam; (2008) 14 SCC 13.

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CBI officials in the stated facts have mentally harassed them which lead to death so they
are liable to pay off the damages to the aggrieved.
2.2CBI officials infringed principle of natural justice while exercising administrative
duty.

The CBI officials are public servants as stated above and it is their duty to act judicially
and Fairly i.e. to follow the principles of natural justice in full , in cases which are
administrative there is duty to act fairly, which simply means that the administrative
authority must act justly and Fairly and not arbitrarily or capriciously.

In the case of Keshav Mills Co Ltd V. Union of India, stated that the only point that has
to be kept in mind I all the cases that the administrative authority concerned should act
fairly, impartially and reasonably.6

In the case M.S. Nally Bharat Engg. Co. ltd V. State of Bihar held that fairness is the
basic principle of good administration. 7

Recognizing the efficacy of reasons as a deterrent against the misuse of power by an

administrative authority court in the case Bhagat Ram Patanga V. State Of Punjab stated
there must be reasons for the decisions exercising the judicial functions.8

This all states that authorities were acting beyond their powers and they violated the
principle of natural justice and they would be liable for under the sec 306 of IPC.

6
Keshav Mills Co Ltd V. Union of India; (1973) I SCC 380.
7
M.S. Nally Bharat Engg. Co. ltd V. State Of Bihar; (1990) 2 SCC 48.
8
Bhagat Ram Patanga V. State Of Punjab (1972) 2 SCC 170.

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PRAYER
WHEREFORE IN THE LIGHT OF THE ISSUES RAISED, ARGUMENTS ADVANCED,
REASONS GIVEN AND AUTHORITIES CITED, THIS HONBLE COURT MAY BE
PLEASED TO

1) HOLD, CBI officials liable for abetment to suicide

2) Claim for the mental agony caused
3) Other compensations like court fees, other process fees

AND ANY OTHER RELIEF THAT THIS HONBLE COURT MAY BE PLEASED TO
GRANT IN THE INTERESTS OF JUSTICE, EQUITY AND GOOD CONSCIENCE ,

ALL OF WHICH IS RESPECTFULLY SUBMITTED

COUNSEL FOR THE APPELLANT

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