SSG NATIONAL MOOT COURT COMPETITION, 2020

MOOT PROPOSITION

Since time immemorial, Unnova – a democratic country is known for its diversity in Culture and
Religion. Highest respect has always been paid to each individual and their beliefs. But over the
years, Unnova has witnessed dramatic rise in violence and attacks. One such incident of violence
occurred in the year 2019 which has raised questions regarding the effectiveness of the
provisions of the Acts/Laws of the Country.

1. Haorah and Alaasam are two of the 33 States of Unnova. Pangoro in Alaasam has been
demanding separation from the State of Alaasam for the last 2 decades. In the year 2016,
Telega, earlier a part of Hilerabad got separated from it after years of struggle with the
majority States of the Country in favour of its separation. Seeing this, Pangoro has been
fighting its little war with its State to separate it from its land, but in vain.

2. Haorah and Alaasam share their boundaries with each other and also a Hindu deity temple
standing still on that border with 60% of its structure in the State of Haorah and 40% in
Alaasam. Two States had been sharing cordial relations for a very long time post-
Independence. However, it is known human mind doesn’t stop at one thing and looks for
more to explore or “explode”.

3. In the late 1980s, disputes started to arise between the two States regarding the Temple at
their boundary. Keeping in mind peace of the Country the States decided to make a Peace
Pact between them on the issue of the Temple. The Pact made was agreed upon and signed by
both the States on April 23, 1988. The Pact used to be ratified every 2 years until one day (09-
04-2019), the Temple was vandalized.

4. The incident took place at midnight around 2:30 a.m. when the Alaasamese broke into the
Temple and took away all the valuable articles of the Temple with them. The incident came to
light in the eyes of the Haorah Authority maintaining the Temple at around 10 in the morning.

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The eye witnesses i.e., the caretakers of the temple informed that they had seen the dacoits (in
total 7) escaping from the north wall of the temple which was in the territory of the state of
Haorah. After visiting the site, the Haorah Temple Maintenance Authority sent a notice to the
State Government of Alaasam and sought a reply within 5 days from when the notice was
sent. On receiving no formal reply from the other side, the State Government of Haorah filed
a case on 27-04-2019 against the State Government of Alaasam at the Supreme Court of
Unnova – The Highest Court of Appeal.

5. In its Petition, the Government of Haorah said that the Alaasamese had been breaking the
rules laid down in the Pact agreed upon again and again. It had been ignoring their negative
acts for maintenance of peace between them. But after Temple Vandalism on 09-04-2019,
Government of Haorah felt the need to approach the Apex Court for resolving the issue
arising between the two States. It is demanding compensation from the Alaasam Government
for physically harming its people including men and women both. The Haorah Government is
also asking the Alaasam Government to restore the Temple articles in their place with due
respect.

6. The State Government of Alaasam in its Defense said that it had no knowledge of the Temple
Vandalism and had never gone against the Peace Pact signed between them and the State of
Haorah regarding the Temple.

7. The Hon’ble Court got perplexed on hearing from Alaasam Government that the State
Government of Haorah had planned and plotted the whole scene which had occurred at the
Temple so that the maintenance, power and authority over the Temple shifts solely in the
hands of Haorah.

8. The Supreme Court on hearing both sides set up an Inquiry Commission composed of Former
Chief Justice of the Supreme Court of Unnova, Attorney General of Unnova, Secretary
General of Haorah Temple Maintenance Authority, Secretary General Of Alaasam Temple

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Maintenance Authority, to look into the matter and report within 6 months, i.e., on or before
October 30, 2019.

Meanwhile the State Government of Alaasam had been going through the process of
separating Pangoro from it. And one day, Pangoro ultimately won its battle and got separated
from Alaasam. The leader of Pangoro Mr. Arceus is made the Chief Minister of Pangoro and
Sinnoh is its Capital.

9. The Apex Court on receiving the Inquiry Report from the Commission called the two States to
appear before it on December 1, 2019 and hear the intrinsic details of the finding report.
In the Report it was stated that the Pangoro people on their own and with no such direction
from the Alaasam Government broke into the Temple from the side of the State of Haorah.

The outer premises wall adjoining the border of the state of Haorah was demolished before
the incident which provided a cunning entrance to the dacoits. And also the Articles had been
found with one of the officials, Mr. Tauros of the Haorah Temple Maintenance Authority at
his residence. It was discovered by tapping the phone calls that the Mr. Arceus and Mr.
Tauros, the official had been planning this attack on the Temple for a long time.

10. After the detailed hearing of the inquiry report, the Supreme Court gave a final date of 7 th
February, 2020 to both the parties to present their arguments and contentions.

(The laws of Unnova are similar to that of Republic of India.)

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ISSUES:

● Whether the Plea is maintainable?

● Whether the state of Alaasam is liable for the act of vandalizing the temple?
● Whether the state of Pangoro be joined as an essential party to the petition?
● Whether the state of Haorah be given the full rights for the maintenance of the
temple?

NOTE:

The participants are to address the above mentioned issues in the court of law. No vivid
imagination is allowed and the proceedings should always remain within the provisions of
the Proposition. Raising of any extra issues apart from the above mentioned is not allowed
and will not be entertained.

Please Note: The Proposition has been drafted by Ms. Shivalika Pandey, student of B.A. LLB
(Hons.) 5th Year at PANJAB UNIVERSITY SSG REGIONAL CENTRE,
Hoshiarpur. Any attempt to contact her in regard to Moot Court Proposition 2020,
will result in disqualification of the team.

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ANNEXURE 1

PEACE TREATY SIGNED BETWEEN THE STATE OF HAORAH & THE STATE OF ALAASAM

1. THE STATE WILL DEVELOP BILATERAL RELATIONS IN THE BORDER AREA FOR
BETTER MAINTENANCE OF THE TEMPLE.
2. KEEPING IN MIND THE SUPREMACY OF THE CONSTITUTION AND THE
IMPORTANCE OF FUNDAMENTAL RIGHTS OF EVERY CITIZEN, NO RESTRICTIONS
WILL BE IMPOSED ON THE RESIDENTS OF ANY STATE AND THE TEMPLE WILL BE
OPEN FOR ALL TO PRAY AND WORSHIP.
3. BASED ON THE TERRITORIAL DIVISION OF THE TEMPLE, THE AMOUNT OF FUNDS
DISPERSED FOR THE MAINTENANCE WILL ALSO BE DIVIDED:
a. THE STATE OF HAORAH GOVERNING 60% OF THE TERRITORY WILL
DISPERSE 60% OF THE TOTAL FUNDS FOR MAINTENANCE,
b. THE STATE OF ALAASAM GOVERNING 40% OF THE TERRITORY WILL
DISPERSE 40% OF THE TOTAL FUNDS FOR MAINTENANCE.
4. IT IS ON THE APPROVAL AND CONSENT OF BOTH THE PARTY STATES THAT ANY
GRIEVANCE CAUSED SHOULD BE ADDRESSED BILATERALLY. NO STATE SHOULD
APPROACH THE APEX WITHOUT PRIOR CONSENT AND APPROVAL OF THE OTHER
STATE.
5. A JOINT PATROLING PROFILE WILL BE SELECTED BY THE RESPECTIVE OFFICIALS
OF BOTH THE STATES WHICH WILL PATROL THE TEMPLE AREA AND SHALL
REPORT DIRECTLY TO THE STATE OFFICIALS.

MR. STAN LEE MR. CLARK KENT

GOVERNOR GOVERNOR
THE STATE OF HAORAH THE STATE OF ALAASAM

DATE OF SIGNING: 23RD APRIL, 1988

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ANNEXURE 2

THE LOCATION OF TEMPLE AT THE ADJOINING BORDER OF THE STATE OF

HAORAH AND THE STATE OF ALAASAM

THE LOCATION OF THE TEMPLE

(the point of dispute)

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ANNEXURE 3

DEMOGRAPHICS OF THE STATE OF HAORAH

TOTAL POPULATION =3,09,67,980

TOTAL MALE POPULATION = 1,59,39,443

TOTAL FEMALE POPULATION = 1,50,28,537

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ANNEXURE 4

DEMOGRAPHICS OF THE STATE OF ALAASAM

TOTAL POPOULATION = 9,03,45,673

TOTAL MALE POPULATION =4,68,09,907

TOTAL FEMALE POPULATION =4,35,35,766

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