STATEMENT OF FACTS

Background

Indiana is a land locked country in central Asia comprising of 7 states. According to the latest census of
Indiana, 70% of the population of Indiana practices Hinduism ,18% adheres to Islam while the remaining
12% adheres to other religions like Christianity ,Sikhism, Buddhism, Jainism and various other ethnic
religions. Constitution of Indiana protects matters of religious doctrine or belief , as well as, acts done in
pursuance of religious rituals ,observances ,ceremonies and modes of worship.

LORD JOGESHWARS TEMPLE

Arya Pradesh is the largest state in Indiana both in terms of area and population 80% of the people
residing in Arya pradesh are disciples of Lord Jogeshwara whose temple is situated at katra which is of
great antiquity to Lord Jogeshwara . Lord Jogeshwara trust is the governing and administrative body
devoted towards development of Lord Jogeshwara and all other temples in the premises of 10001 acres
of land named as Jogeshwara akhada .Lord Jogeshwara is a deity depicting a hyper masculine God born
out of union of two male gods.

RESTRICTED ENTRY OF WOMEN

Pundit Ram Kishan was the pontiff in Lord jogeshwara temple . The deity in the temple is in the form of
Yogi or Bramhachari .Since the diety is in the form of Nasthik Bramharya it is therefore believed that
young women between the age of 11 to 51 years should not offer worship in the temple so that even
the slightest deviation from celibacy and austerity observed by the deity is not caused by the presence
of such women .Pundit Ram Krishnan and millions of people firmly believe that if the women after
menarche up to menopause are allowed to offer prayers in the temple then celibacy and austerity
observed by Lord Jogeshwara will be curtailed and the temple will lose its ancient cultural and religious
significance.

LAW PASSED BY THE PARLIAMENT

Principles of religious tolerance and secular nature of Indian’s polity are the essential elements of
constitution of India .The upper house of Indiana considered it necessary and expedient in national
interest enacted the Lord Jogeshwara temple prohibition on entry of women act in 1985

DISPUTE

Reema and Riya in their name of their registered NGO ‘kadam ek pehel’ ,filed a PIL before the supreme
court of Indiana seeking issuance of directions to ensure entry of female devotees between the age
group of 11 to 51 years to Lord Jogeshwara temple at Katra which had been denied to them on the basis
of prohibition of entry of women act 1985 as the customs and usages as unconstitutional being violative
of fundamental rights . Hon’ble supreme court of Indiana pronounced judgment with 2:1 majority held
that every place of worship shall be open to all classes and sections of people ,women being one of
them ,irrespective of any custom or usage to the contrary . Temple is violative of fundamental rights
enshrined in the constitution of Indiana.

UNREST

On 24.12.2016 reema and riya with some other women tried to enter lord jogeshwar temple for
offering prayers .They were stopped by protesters including men and women .They were shouting that
she will face dire consequences and their entire family will be killed Lord jogeshwara will not condone
them for this sinful act Thousands of people had gathered to stop them from entering the pious temple
At around 1:00 am on 30.12.2016, Mrs Radha mother of reema and riya lodged a missing complaint of
her daughters .While patrolling the police discovered a suspicious SUV in an abandoned jungle near
Mohini Bazar. In the morning at around 5:30 am pt. Kali Charan called the police and informed about a
dead body lying near the Sanctum Sanctorum of temple. Mrs Radha identified the body as that of
Reema . On the request of Mrs radha FIR was lodges against Pt. Kali Charan ,Bhanu ,Kalu ,Bhawani and
Jagga the police subsequently arrested them . Later a dead body was discovered from the jungle near
Mohini Bazar on 31.12.2016 which was later identified as that of Riya . All accused were subsequently
charged for rape and murder . Government of Indiana ordered CBI inquiry into the incident

JUDGMENT

The matter was tried by CBI court and the court found all accused guilty of abduction and murder of
Reema and Riya . The court sentenced all of them to death Appeal was made against the high court the
High court reversed the order of the Trial court and acquitted all the accused on the grounds that
prosecution has failed to establish its case beyond all reasonable doubts

The practice of cow slaughter is strictly prohibited by the dominant Sanatan dharma, but

included in the practices of the Mahmuds. The State of Uttam Pradesh had passed a law on beef

ban i.e. Consumption of Beef (Prohibition) Act, 2018. After many criticisms, the bill on beef ban

was also passed in Lok Sabha, but it is yet to be passed in Rajya Sabha.

Justice National University

The Justice National University (JNU), a university in the capital of Chanakya i.e. Dili, is

majorly funded by the Central Government. The student body of JNU is very active towards the
political scenario and continues to affect the socio-political environment of the nation to a very

large extent. Krishna Kumar is the president of students‘ Union of JNU, with an influencing

personality and was an aspiring political leader. He has links with prime faces of Opposition

Party i.e. Indian Secular Party (ISP).

COUNSEL ON BEHALF OF THE RESPONDENT

Krishna Kumar‘s speech

Krishna Kumar called a gathering outside the university campus to protest in order to pressurise

the government to put a stay on laws like the beef ban. He believes that the ruling government

are ―bestial devotees of religion in power‖ who are trying to outrage the modesty of the

Constitution by making such laws. His speech criticised the beef law and criticised the

government for making such laws. He even made some disaffectionate comments towards the

Prime Minister.

Public disorder in Dili

The speech delivered by Krishna Kumar created a public disorder, with a sudden outburst of

hatred and disaffection towards the government. There were anti-national slogans emerging from

the crowd like ―CHANAKYA TERE TUKDE HONGE, MILKAR RAHEGI AZAADI‖. The

slogans were recited again and again by the crowd that resulted in disturbing the public order of

Dili.

Dispute

The situation was subsequently controlled by the police, and an FIR was lodged against Krishna
Kumar for sedition and defamation, and he was arrested. He went to the High Court under Sec.

482 of the Cr.P.C. for quashing of FIR on the grounds that he was merely exercising his

Fundamental Right of freedom of speech and expression