ETHICS SCRIPT: TEAM 7

 
PART 1: INTRODUCTION
Paru : Good evening!
Ganga:Good evening. 
Paru: My name is C Parvathy and the other person on call is my associate, Sree Durga M U
(nods and greets). You can address us both by our first names. 
Ganga:My name is Bibin Soumachandran.
Paru: We hope you are safe during these hard times. By respecting the protocol, we are
forced to conduct this meeting virtually today, Hope this is not inconvenient for you. 
Ganga:No No. It's perfectly fine.
Sree: So Bibin, tell us how you heard about us and our firm. 
Ganga:Sir one of my friends, Ms. Ganga Suggested me this firm.
Sree: Oh...yes, we were her counsels for a case in which she got a favorable decree from the
court. 
Ganga:Yes, I know about it maam
Sree: Perfect. then let us move onto the session. Is this your first-time meeting with a lawyer?
Ganga:Yes. This is my first time. 
Sree: Ahh. In that case we assure you that there is nothing to worry about. 
Firstly, let me just say why the both of us decided to meet with you today. In our firm, when
we meet clients for the first time, we do like to meet them together. This is so that we can
initially bring both our experiences to your particular case and for whatever particular reason
should one of us not be able to be here at any point of time, at least you have another person
at the firm who you have met and who is familiar with your case. We have already given you
all our contact details and you can always reach one of us at any point of time if you need
assistance in regards with your case. 
Ganga:Okay 
Paru: Okay, Sir. We would also like to mention that confidentiality is an important matter
for us. We assure you that everything we discuss will be kept highly confidential and it will
stay inside these 4 walls, it would not be known to a third party unless you give permission
for the same and so there is absolutely nothing to worry. Your privacy is our highest priority.
Even if you decide not to proceed with us, whatever you shared with us today would be
privileged information. Therefore, I would encourage you to be as open as possible regarding
your problem even if it seems difficult for you. Because only then will we be in the best
possible position to advise you. For this, could you kindly fill the confidential clause form
which our secretary has issued.
Ganga:That is reassuring to hear, I will fill the form given to me as soon as possible.
Paru: Do you have any other questions for us? 
Ganga: Yes, I am a little concerned about your fees.
 Sree: Sir, there is nothing for you to be concerned about. In our firm we do not take any fees
for the initial interview. But if you wish to proceed with us, you will be informed about our
fee details which will be mailed to you by one of our clerks. And don't worry if it is not
affordable for you, we may be able to help with that.
 Ganga:Ya,okay.
 Sree: Now that we have cleared the rest, I’ll just run through how we conduct interviews
here. We’ll probably spend the next few minutes getting as familiar as possible with your
case.  So, as we have already said, we request you to be as open as you can with us. We may
need to follow up some of that information by asking you some questions. And during this, if
you feel that you have missed something, by all means add up that. And if there is anything
that we got wrong, please correct us on that. We will then give you an initial assessment on
what we think your position is and we will conclude by discussing what the next appropriate
steps are. Do you have any other questions?
Ganga:No.
Paru: If that is so, would you like to begin by telling us why you have asked to meet with us
and what you hope to get out of this meeting?
Ganga : yeah okay

PART 2: CLIENT CONSULTING

 
Ganga: I am Bibin Soumachandran, aged 25 ,S/o Soumachandran, I  have been in love with
Shabana M.Shaji, D/o Shaji M.K, aged 24, for the last 3 years. I belong to the Ezhava
Community of Hindu religion and she belongs to the Muslim community. Her family is
against the marriage. I approached her parents to talk about our relationship but her parents
did not care to talk to me.  We decided to register for marriage . 
A few days later , her father, Shaji M.K, aged 50 years . He and his goondas trespassed into
my house and manhandled me and my parents.Then he threatened me either to convert into
their religion or to drop the marriage.  They destroyed households also. I suffered several
injuries and I had to undergo treatment. I have the CCTV footage of the same. I preferred a
complaint the very next day to the Thiruvalla Police Station. I tried contacting my lover and
her phone was switched off. So I  contacted her sister and she informed me that Shabna is
under illegal detention at her house.  No action has been taken in spite of my complaint. I
don't know what to do. Can you help me with this?
 
Sree: Yes Bibin, we can definitely help you. Before we move forward we would like to ask
you a few questions.

Ganga: Yes, sure.

Paru: What is your profession?

Ganga: I am working at UST Global, Trivandrum as a Software Engineer.

Paru:Can you give your address?

Ganga: Anjili Parambil, Chumathra PO, Kuttapazhua, Thiruvalla.

Paru:  Can you give me your telephone number and email id?
Ganga: Phone Number: 9400186527, Email: bibinsoumachandran@gmail.com

Paru: How do you know Shabna?

Ganga: We studied together in CET Engineering college, Trivandrum. And now we are
working together.
Sree: How many members are there in your family?
Ganga:  My family consists of 6 members, Father, Mother, Brother and his wife (Sister-in-
law), their child and me.
Sree: What about her family?
Ganga: Her family consists of 4 members, Father, Mother, Younger Sister and herself.
Sree: When did you approached Ms. Shabna’s parents to talk about your marriage?
Ganga:   On 10th April 2021.
Sree:  What was their reaction?
Ganga:  They refused to talk to me and her father threw me out of the house. And he
threatened both of us to stay away from each other and I saw him beating Shabna.
Paru:Have you married before?
Ganga:  No
Paru:Is she married?
Ganga:   No
Paru: Did you/she ever ask to convert?

Ganga: No. We both respect each other's religion and faith. 

Paru:  When did you decide to get married?
Ganga:We made the decision to get married on 26/04/2021.

Paru:   Did you file an application for registering your marriage?

Ganga:  Yes. We filed an application for registering our marriage.
Paru:   Did you follow the conditions of marriage?
Ganga:   Yes.
Sree: When and where did you file an application for registering your marriage?
Ganga: We filed the application on 12/05/2021, at Subregistrar Office Thiruvalla
Sree: Did the marriage officer publish the notice regarding the registration?
Ganga:Yes 
Sree:   Has anyone objected to your marriage notice?
Ganga:No 
Sree: When exactly did her father and the goondas trespass into your house? Date and time.
Ganga:On 17th may 2021 around 7:00pm.
Sree:Whether there were any other problems between you and her father?
Ganga:No 
Sree: What is Mr. Shajis address?
Ganga: Mulamoottil house, Chumathra P.O, Kuttapuzha, Thiruvalla, Pathanamthitta 689103
Sree:How many of them were there along with her father?
Ganga: 4
Paru:  Can you recognise the goondas?
Ganga: Yes. I have seen them before at Mr. Shaji’s house when I approached them to talk
about my marriage.
Paru:  Whether her father and goondas were carrying any kind of deadly weapons?
Ganga:Yes they were carrying knives, blades, wooden sticks, iron rods and stones.
Paru:   Can you describe the incident?
Ganga:  On 17th may, at the day of the incident, we were all at home watching TV. It was 7
in the evening and suddenly  I heard someone calling my name so loudly. When I opened the
door I saw shabna’s father with some of his goondass waiting outside with deadly weapons.
As I stood stunned, they forcibly entered my home and shut the door behind. There were five
of them. It was truly a terrorising experience as I had my aged parents, my brother, his 7
month pregnant wife and their 3 year old child at that time in my home. They were all
horrified to see the thugs with swords, knives and sticks and on seeing them the child started
crying. Then, Shabnas father came toward me, caught me by collar and threatened me to end
my relationship with Shabna. When I refused he gave me two choices, either to convert to
Islam or to die. When I refused to budge to his threats he threw me to the table in the corner
and drew out his sword into my neck. Seeing this, my brother attempted to pull him away
from me but was soon kicked aside by one of Shajis thugs. When I tried to resist and move
away from his sword two of his men grabbed me from sides pinning me to the wall. And I
saw the remaining two beating my brother and old father with sticks and iron rods. They
made me watch my family suffer. My poor sister in law was terrified and even the pregnant
lady wasn't spared. She was caught by hair and pushed aside, she fell onto the hard floor. My
mother too was beaten. Then, they went around breaking everything they could see. They
thrashed the entire home, broke every window, furniture and equipment. And they made me
watch all this. I couldn't do anything… I was helpless… It was pure 20 minutes of horror for
us. Then finally they turned to me. Shaji came closer and warned me that if I do not break up
with Shabna and leave the state within 3 days, he said he would come again, and he would
destroy everything that I love. And as a reminder, he himself took one iron rod from his thug
and broke my right arm. That's all I remember. When I woke up I was being taken to the
hospital along with my family. It was only God's grace that spared us that night. And my
pregnant sister in law and her pregnancy only narrowly escaped death. But still they are all
deeply wounded and traumatised. My brother's child has had nightmares every night since
then. 

Sree:Who all were present in your house at the time of this incident?
Ganga: My entire family was there. ( Father, Mother, Brother and his wife (Sister-in-law) ,
their child and me.)
Sree:Can you give details about the things that they destroyed? What was its monetary
value?
Ganga:  They went around breaking everything they could see at my house. They thrashed
the entire home, broke every window, furniture and equipment. The total damages that I have
sustained is around 2 lakh.
Sree:Where did you take the treatment?
Ganga:Pushpagiri Medical College Hospital , Thiruvalla.
Paru: Were you admitted into the hospital? If so, how long were you admitted?
Ganga:Yes I was admitted to the hospital along with my  family. Each of us have several
severe and minor injuries. I was admitted for 3 days but my sister-in-law is still in the
hospital.
Paru:  What are the treatments that you had to take?
Ganga:As I have a broken arm I have to take X-rays and  I have to wear plaster cast in my
arm until the broken bone heals. My father and brother suffered bruises and wounds as they
were beaten with iron rods. My mother also had several minor injuries. My sister-in-law was
being taken into the labour ward as she fell onto the floor and she is being taken into
observation. Apart from the bodily injuries, the trauma is the worst
Paru: Do you have a medical certificate with you?
Ganga:Yes I have medical statements, hospital records, X-ray reports and discharge
summary with me.
Sree:When did you file the complaint?
Ganga:My neighbours informed the police about the incident initially and I called the police
the very next day i.e., on 18/05/2021, to file a complaint.
Sree:What was your complaint about?
Ganga:My family is being attacked by Mr. Shaji and his thugs. I lodged a complaint
regarding this incident.
Sree: Have you mentioned about Shabna and the fact that she is not answering your calls?

Ganga: Yes I have mentioned.

Paru:When did you last contact her?

Ganga: On 13/05/2021 I called her around 9pm.
Paru:Did you try contacting her?
Ganga:Yes, I did several times. Her phone was switched off . I tried contacting her sister
Shanu and some of our common friends. Her sister's phone was also switched off and her
friends had no idea about Shabna. Later on May 16th around 5pm Shabna’s sister Shanu
called me and informed me that Shabna is in house arrest and her father seized their phones. 
Paru:Is this the first time that she is not responding?
Ganga:Yes
Sree:Do you have the copy of the complaint?
Ganga:Yes I do.
Sree:Did the police register the complaint?
Ganga: Yes
Sree:Whether an FIR was registered? If so, do you have the copy?
Ganga:  Yes and I have a copy of the same
Paru: Did the police take any action regarding your complaint?
Ganga:No, the police are ignoring my complaint.
Paru:Are you claiming any compensation for the damages suffered by you ?
Ganga: Yes. The damages my family suffered is invaluable. I need compensation for the
things that Mr.Shaji and his goondas destroyed.

Sree:Are you seeking any other remedy?

Ganga: I was  not able to restore contact with Shabna and it’s been 15 days and I am worried
about her wellbeing and I would like to know if she is fine or not. And also I need justice for
the suffering that myself and my family have experienced.
Paru:  We are extremely sorry for the things that you have suffered.
Sree:We need some documents to proceed with your issue?
Ganga: okay.
Sree: we need                 1. Copy of ID proof
2. Copy of Notice published by the Marriage officer.
3. Copy of Police complaint
4. Copy of FIR
5. Camera Footages on the night of attack.
Ganga: I have everything you need with me and  how am I supposed to give these
documents to you?
Paru: you can send it to our mail ID i will send it your whatsapp
Ganga:Okay, fine . 
Sree: So Bibin what you seek is , you need to know about Shabna as well as you have to do
something about the fact that the police officers are not responding to your complaint.
Ganga:yes 
Paru: So we can file a Writ petition in High Court for releasing Shabna and also get an order
from the court making the police officers to perform their duty.
Ganga: oh okay
Sree: We will draft the petition mentioning all the facts that you have said and will send you
the copy to sign the document.
Ganga: okay
Paru: If you have any further queries or to add anything feel free to call us anytime.
Sree: So I think that's all. We will arrange a meeting within 2 days and will discuss the
further proceedings. 
Ganga:okay
Paru: We will send you the meeting link . Till then stay healthy and stay safe.
Ganga: Yeah sure. It was so nice to meet you both.
Sree:The pleasure is ours. Thank you.
(ganga exits)

PART 3
DISCUSSION BETWEEN ADVOCATES

Sree: So Parvathy , one more case related to inter religion marriage and the fights behind it.
Paru: Yeah. When will our society change their attitude about marriages? 
Sree:  No idea. Okay so here we can help Bibin by filing the writ of habeas` corpus to help
him see shabna as she is in illegal house arrest by her parents. 
Paru: yes and also we can file writ of mandamus and get an order to make the police officers
investigate the complaint of Bibin
Sree: Yes, right. The attack from the part of Mr. Shaji and his goondas amounts to criminal
offence and hence we can include sections 441 and 452 - Criminal trespass and 
Paru:also sections 322 and 326 for voluntarily causing grievous hurt.
Sree: His pregnant sister in law and his mother have also suffered the horrible act of the
opposite party so we can also include section 354 i. E. Assault or criminal force to woman
with intent to outrage her modesty
Paru: okay.  Also there is a clear violation of our Fundamental rights.There is a clear
violation of Article 21- as the opposite party hindered their right to get married.
Sree: Don't forget about the part where Mr. Shaji threatened Bibin to change his religion or
to drop their relation. Thus, there is a clear violation of Article 25 too.
Paru: yes sreedurga. We can look more into the provisions of IPC and Crpc and sit with a
meeting tomorrow evening. 
Sree:yeah sure parvathy. Hey don't forget about the meeting we have with our client Me.
Rahul.
Paru: Oh yes. Thankyou for reminding me. Mr. Rahul is it about the accident issue right? 
Sree: yes. Have you collected the information from the opposite counsel Adv Darsana ?
Paru: yes I did
Sree: okay parvathy so see you at 9pm for the next meeting. Till then Bye.

LAWS INVOLVED
 
JURISDICTION
Ø  Writ petition filed under Article 226of the Constitution Of India.
Ø  Writ of Mandamus and Habeas Corpus
 
LAWS VIOLATED
         Fundamental Right Violation
Ø  Article 25of the Constitution Of India:-Freedom of conscience and free profession,
practice and propagation of religion, under 
Ø  Article 21of the Constitution Of India:-Right To Marry.
 
       Violation of Statutory Provision/ Legal Right 
·       Section 11of  The Special Marriage Act,1954
·      Section 441of TheIndian Penal Code,1860:- Criminal trespass.
 ·      Section 452 of The Indian Penal Code,1860:- House-trespass after preparation for
hurt, assault or wrongful restraint.
·       Section 322of The Indian Penal Code,1860 :-Voluntarily causing grievous hurt
·       Section 326of The Indian Penal Code,1860 :-Voluntarily causing grievous hurt by
dangerous weapon.
·       Section 354:Assault or criminal force to woman with intent to outrage her modesty