STATEMENT OF FACTS

Republic of Kashistan is a Sovereign, Socialist, Secular, and Democratic Republic. It is divided into 29
States and 9 Union Territories. 80% of people in Kashistan follow the religion Vinism. However, with the
rise in extremism in the recent past there have been frequent clashes between Vinism and other minority
groups residing in Kashistan. These clashes have turned violent with deaths being reported in some of the
cases.

Pushkarism is a minority religion followed by approximately 9% population of Kashistan. The followers of

Pushkarism believe Lord Pushkar to be the one true God and preach his message of equality, love and
harmony among all living beings. Proselytizing is essential to the practice of the religion. State of
Mrinalkhand is a state in the Republic of Kashistan. Approximately, 46% of the population following
Pushkarism in Kashistan resides in the State of Mrinalkhand. Pushkarite Matth is a Religious denomination
of Pushkarism. Pushkrite Matth emphasize on strict observance of the teachings of Lord Pushkar, one of
which is proselytizing. They work for the benefit of the followers of Pushkarism by conducting workshops
and also help them to get jobs in cities. Workshops are conducted in the ‘House of Worship’. Pushkarite
Matth holds a sermon every evening in their ‘House of Worship’. One such ‘House of Worship’ is situated
in the outskirts of Lohiya which is mostly populated by the poor and backward classes of the society. The
area is also an abode to a large number of ex-convicts who have completed their term in prison. The sermons
are open to everyone irrespective of their religion. These sermons are conducted by the leader, His Holiness
Harsh Acharya. He is known for his captivating speeches and his oratory skills. Audiences at certain
occasions have been known to say that Lord Pushkar himself speaks through Harsh Acharya during
sermons. Certain ex-convicts felt relieved after attending the sermon and were comforted with the idea of
the Lord forgiving them even if the society does not. People in the area started converting to become
followers of Pushkarism. Conversion to Pushkarism has increased rampantly. Such conversions angered
certain groups of people following Vinism. The number of people converting from Vinism was significantly
higher. Certain groups of people following Vinism captured the recent converts and assaulted them, forcing
them to chant “Jai Sri Kishen”. These groups also forced converts from Vinism to reconvert. It was alleged
by the followers of Vinism that the alms and allurements offered by the Matth are the source of increase in
such conversions. In order to curb violence, restore public order and to prohibit forcible conversions in any
manner, the Government of Mrinalkhand brought the Mrinalkhand Freedom of Religion Act, 2018. A writ
petition under Article 226 of the Constitution was filed by His Holiness Harsh Acharya along with the
Pushkarite Matth stating that the Mrinalkhand Freedom of Religion Act, 2018 is unconstitutional as it
violates the rights provided under Article 25 and Article 26 of the Constitution. High Court of Mrinalkhand
dismissed this petition holding the Act constitutionally valid. the petitioner has approached the Supreme
Court of Kashistan through a Special Leave Petition prayed for quashing the judgment of the High Court of
Mrinalkhand and to declare the Mrinalkhand Freedom of Religion Act, 2018 unconstitutional.
Ms. Pinka Pai of the Pushkarite Matth met with an accident in Lohiya. She was rushed to the nearest
hospital, a State Government run hospital. Her identity was neither known to the officials on the site of
accident nor to the members of the Hospital as she did not have any kind of identification on her. However,
a bracelet on her arm identified her as a member of the Pushkarite Matth. The members of the Pushkarite
Matth carry such bracelets so that the people around them can identify them as being part of the
denomination and treat them accordingly. One of the controversial practices was their refusal of blood
transfusion even if there was danger of loss of life. The doctors declared her condition to be critical that
required immediate surgery. The doctors opined that an operation would in all probability save the life of the
patient. However, the chances of death without the operation were significant, around 80%. Even if she
survived without the operation, the chances of organ failure were extremely high. Although, the doctors had
knowledge of the bracelet and what it entailed, they decided to proceed with the operation and the blood
transfusion in their medical opinion. The operation was successful and Ms. Pinka regained consciousness
she went into a state of shock about her religion being violated when told to her. Ms. Pinka Pai filed the
Special Leave Petition claiming that her fundamental right to religion has been violated by the State. She
claims that prohibition of blood transfusion is an essential religious practice of Pushkarite Matth and the
government hospital by conducting the blood transfusion violated her Right to Religion under Article 25.
Pushkarite Matth also claims that by conducting the blood transfusion the state interfered with the “Matters
of religion” provided under Article 26 of the constitution.