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Moot Problem 1
In the village of Mylapore in Tamil Nadu there is an eminent businessman turned politician Rahul Raghuvanshi. He has been elected to Tamil Nadu assembly successfully 3 consecutive times. Rahul a management graduate from Annamalai University was an active student in Youth Politics. He was The President of Janata Morcha Youth wing and thereafter he joined Janata Morcha, he held several posts within the party and at a young age of 31 became MLA. Rahul is a 2 nd^ generation politician and son of renowned industrialist Bhargav Raghuvanshi, Shri Raghav Raghuvanshi has been a 2 times MLA and 3 times MP from Mylapore constituency, he also held the portfolio of Minister for Urban Development when Janata Morcha was in power in 1987.Rahul Raghuvanshi being an Industrialist owned several factories which had huge manpower and Trade unions with political affiliation. Rahul after procuring a degree in management from Annamalai University chose to pursue his family business, in the course of his business he had to grapple with many problems relating to workforce such as absenteeism, low productivity, and acrimonious disputes as the trade unions had differences within themselves. A strike broke out in Mr. Raghuvanshi’s factory on account of denial of bonus and incentives. There was labour unrest, sloganeering and chaos. The Trade Union Leader Babu Shankar was affiliated to Samaj Saghatan the party which was in the opposition and arch rival of Janata Morcha the Party in power.
Rahul Raghuvanshi was in a fix and catch 22 situation as the labourers besieged the bunglow of Rahul Raghuvanshi at the behest of Babu Shankar on account of political rivalry there was wide media coverage of the issue. On the 2 nd^ February, 2012 situation was extremely turbulent hence the local police imposed Section 144 of Cr.PC and also detained a few labourers U/S 151 of Cr.PC. The detention of many labourers exceeded the prescribed time ordained by Cr.PC. As Rahul Raghuvanshi used his clout and influence to suppress the agitation, the family member of a worker filed a Habeas Corpus petition on 6th February, 2012 Under Article 226 and 227 of Chennai High Court challenging the detention of several workers and also claimed compensation. The Chennai
Bench consisting of Chief justice allowed the petition and gave relief to the prayers of the petitioners and also awarded compensation. The Trade Union leader Babu Shankar urged the leader of opposition in Tamil Nadu assembly to broach a debate on Rahul Raghuvanshi’s undue influence and causing loss to poor labourers. This led to furor in the Assembly demanding resignation of Rahul Raghuvanshi was the post of standing committee for Education and Environment. Rahul Raghuvanshi did not relent. This lead to social unrest and there were protest marches across the city, agitation which led to Gheraos and Bandhs. The Home minister tried to control the situation with Rapid Action Force and Local constabulary. In the course of this chaos Rahul Raghuvanshi made a public speech at Tradulai Swamy stadium on 14 th^ May 2012 in the course of his speech he called the agitators of Samaj Sanghtans as ‘wild creatures’ and urged the Janata Morcha workers to give a ‘fitting reply’ to the protesters. This caused a furor and there was law and order problem which resulted in casualties and damage to property. Rahul Raghuvanshi was held responsible for whatever transpired and he was compelled to resign from the committees he was part of and the portfolio he held. There was round the clock coverage of the incidents of violence by the media. The opposition demanded an inquiry of the incidents and insisted on setting up a commission. A Commission was constituted in August, 2012 by the Ruling Party i.e Janata Morcha under the auspices of retired judge, Justice Vishwanath to enquire and investigate into this matter. The commission submitted its report before the House on 17 th^ August, 2013 of the incidents of February, 2012.There was elections hence the commission report was debated fiercely then kept in abeyance. Samaj Sanghatan captured Power and Muthuswamy Nair became the Chief Minister in 21 December 2013 and the commission report was again debated with disruptions in the House. The speech delivered by Rahul Raghuvanshi was regarded as a hate speech causing enmity between two communities hence he was booked under sec 153 A of IPC for which Punishment in 3 years, after a lot of pandemonium the Commission report was implemented on 31st^ December, 2013. The home minister demanded arrest of Rahul Raghuvanshi and Rahul Raghuvanshi was arrested and produced before magistrate on 11 th^ January 2014. The magistrate took cognizance of the
Moot Problem 2
Bangistan is a small developing country where the freedom of speech and expression is guaranteed as a fundamental right under the Constitution of Bangistan. However, in last few months there have been various instances where freedom of speech and expression has come under the scanner. Kamal Party is the oldest party of Bangistan having its roots prior to the independence of the country. Pappu Toaster is the Vice President of Kamal Party. In 2014, during assembly election in the country Kamal Party arranged a huge rally in the capital city of Bangistan. The Hath Party, born out of a fundamentalist religious organization by the Bangistan People’s Movement (‘BPM’), was the primary opposition party. Pappu Toaster in the rally, during his speech accused BPM of harbouring criminals and also alleged that Lattu Korgade, who had killed the Ex-Prime Minister of Bangistan from Kamal Party, was a member of BPM. One Radhabhai Jyotshi a member of BPM being aggrieved by the statement of Pappu Toaster filed defamation complaint against him under Sections 499 and 500 of the Bangistan Penal Code (‘BPC’). On the receipt of the complaint, summons was issued against Pappu Toaster. Pappu Toaster, being aggrieved by these summons challenged the constitutionality of Sections 499 and 500 of the BPC stating it to be violative of Article 19(1)(a) of the Constitution of Bangistan before the Supreme Court of Bangistan.
A member of opposition party in Capital City Willy of Bangistan, Mr. Rudy, accused the Counsellor of the Capital City Willy, Mr. Goldman, for being corrupt and incapable to run the government. This generated a huge controversy in the state and Mr. Goldman filed a complaint of defamation against Mr. Rudy with the concerned police station.
Similarly, Mr. Goldman has also filed more than 200 cases against different individuals and newspaper organizations for defamation under Section 499 and 500 of BPC. Mr. Goldman has not filed even a single case for damages under civil defamation law. Mr. Rudy on the ground that the purpose of filing criminal complaint by Mr. Goldman was to ensure that the editor, publisher and reporter who speak against the functioning of the government
are harassed and summoned to the court, has consequently challenged the validity of Sections 499 and 500 of BPC and prayed for decriminalisation of defamation, which is still pending before the Supreme Court of Bangistan. Mr. Goldman has filed several criminal complaints against various media persons and therefore he was a target of the various news agencies and there have been repeated news articles against him. He and his government was criticized and challenged for various steps taken and policies implemented in newspapers and it was noticed that more than 10% of the news contents were dedicated in one week only criticizing the government policies of Goldman. Therefore, a circular was issued by city’s information and publicity department saying that if any officer associated with the Willy Government feels that the published or aired item has caused damage to his or the governments’ reputation, he would be free to file a complaint with the Principal Secretary (Home). The circular also states that after getting a go ahead from the director (prosecution), the matter should be referred to law department and after taking approval from the government, a case would be registered. Bakbak Oswami from Times Today media house challenged the said Circular of the government of Willy of being violative of Article 19(1))a) of the Constitution. The State of Bangistan had witnessed a bloodiest terror attack in 1993 whereby more than 350 people were killed and around 900 were injured. The prime accused of the said terror attack Mr. Bhudbak Len had surrendered to the police of Bangistan taking full responsibility of the terror attack. Mr. Bhudbak Len was tried by the Sessions Court along with 89 other accused. In the said trial after examing more than 600 witnesses and giving reasonable opportunities to all the accused the Sessions Court convicted Bhudbak Len on the charge of mass murders and waging war against the nation. The Sessions Court punished him with a death sentence. The punishment was confirmed by the Supreme Court. Mr. Bhudbak Len then filed a Curative Petition against the said order which was dismissed and the death penalty was confirmed. Mr. Bhudbak then appealed to the President of Bangistan for mercy and the said petition came to be rejected and the death penalty to Mr. Bhudbak Len telecasted news articles in a manner to create sympathy towards Mr. Len and criticizing the government and the Supreme Court in its decision to hang Bhudbak Len to death.
Moot Problem 3
Drishti Foundation vs. Union of Indiva
Shivrashtra is a state in the Union of Indiva. The population of the state on the basis of religious faith comprises 40% Hindus, 25% Muslims, 15% Christians and the remaining 20% belong to various smaller groups like Parsis, Tribal and Non-tribals and Non-believers. The state is predominately a hilly area with four holy rivers flowing through it and the people are very religious by nature. A large number of population being illiterate, carries out primitive occupations. Religious practices, superstitions and rituals, take much of their time and money which has greatly affected the development of the State.
The state is known all over the world for its religious centers. The various religious institutions in the state are imparting only religious education putting the secular education into oblivion which has reduced drastically the people’s employment avenues. As the state is a pilgrimage center, the religious leaders, Gurus and Prophets of various religions in the state are vying with one another because of huge donations offered by the pilgrims.
Accordingly, mass prayers, retreats, yagnas, penance services etc. are conducted very frequently. The religious leaders, so called God men in order to continue their hold, have created a kind of fear in the mind of their followers by way of fundamentalist practices and attitudes, which further created divisions in the society and often within the families too.
The youths of the State, who were boiling with anger and frustration looking at the economic progress of other states, often revolted against those oppressive and suppressive religious practices that prevailed in their states. There were many protests by many groups headed by moderates, intellectuals and non- believers on various occasions in different parts of the State.
Dr. Virendra Panhalkar, the 70 years old social activist, who was shot dead on 20 th^ August, 2013 in one city of the State of Shivrashtra, had waged a long and lonely battle for an Anti-Supersitition Law.
Within a week after the vicious assassination of Dr. Panhalkar, the Governor of Shivrashtra signed the ‘Black Magic Prohibition’ Ordinance. It came in to force from 26th^ August, 2013 all over the State of Shivrashtra.
The ordinance is aimed at banning superstitious practices, inhuman rituals and black magic that have been the used to exploit people in the name of religious beliefs.
This law is against fraudulent and exploitative practices, such practices have no place in an enlightened society. In the entire text there is not a single word about God or Religion.
The essential purpose of this law is to bring social awakening and awareness in the society and to create a healthy and safe social environment with a view to protect the common people in the society against the evil and sinister practices thriving on ignorance.
The draft Bill clearly specifies 12 such practices.
These includes, claiming to perform surgery with just fingers or to change the sex of the foetus in the womb, sexual exploitation under the guise of claims of supernatural powers, branding women as witches and causing them physical harm, human sacrifices and other Aghori practices.
Inspite of coming into force of the above legislation the superstitious activities are no rise. The people of State of Shivrashtra are being exploited by the self- declared God like Babaram Maharaj, who has amassed huge wealth by exploiting the religious sentiments of the people. Under the garb of religious practices he started to exploit illiterate and poor women & children and employed youths. He uses their energies by providing them training to play with rifles and arms for his own protection and to prevent Govt. authorities to take any action against him. He poses himself as god or Supernatural power to attract women and he sexually abused many women’s too. The ban his
- Whether amendment in the present laws is necessary to deal sternly with such Baba’s?
Note: - The laws and Constitution of Indiva is the same as to the laws and Constitution of India.
