KARNATAKA STATE LAW UNIVERSITY

CHRIST ACADEMY INSTITUTE OF LAW

Course: B.A.LL.B./B.B.A.LL.B./B.COM.LL.B.

Semester: X

Subject: Clinical Course IV: Moot Court Exercise and Internship

College Code: 454

Moot Court 1: Civil Case Date: 31.05.2023

MOOT PROPOSITION

Shivrashtra is a State in the Union of Indiva. The population of the State on the basis
of religious faith comprises 45% Hindus, 23% Muslims, 17% Christians and the
remaining 15% belong to various smaller groups like Parsis, Sikhs, Jains, tribes and
non-tribes along with non-believers and the people of the State are very religious by
nature.

A well-known religious leader and preacher Swami Nithyayogi Sathvika has

established himself as an influential figure through his various teachings. His
followers abide by him by all means and ways and have named themselves as the
‘Sathviks’. His main teaching inter alia and a reason behind his popularity especially
amongst women is his teaching of non-consumption of alcohol.

Blaze is a magazine which publishes stories, poems, cartoons and sketches mainly
fictional in nature, and inter alia publishes a parody column of contemporary nature
based on factual truth. They modify the factual truth to suit the parody content. The
magazine in its September 2022 issue published a parody describing Swami
Nithyayogi promoting liquor and giving its first-hand experience as a parody to his
teaching of non-consumption of liquor. Along with the parody, the magazine published
a disclaimer claiming the innocent use of humour.

Hurt by the parody the followers of Swami organized a nation-wide meeting, wherein
they circulated the copy of the parody to everyone present and decided for initiation of
legal action. The meet was widely covered by media and newspapers. Subsequently
Swami filed a suit against the magazine for defamation and personal distress claiming
compensation and damages of worth Rs. 1 crore and an injunction to the September
issue of the magazine. The court negated the civil liability of Blaze magazine of
defamation, taking into account the use of disclaimer and also did not grant any
injunction but awarded an amount of Rs. 25 lakhs for personal distress.

Unsatisfied with the order of the lower court, Swami appealed to the High Court while
Blaze preferred an appeal challenging the impugned order. During the pendency of the
appeals, one of the followers Ramprakash filed a suit claiming damages and
permanent injunction and prayed for compensation for mental distress caused to the
Sathviks owing to the insult intended at their Godly figure. The suit was, however,
dismissed by the court. Hence, he also filed an appeal before the High Court
challenging the decision of the lower court.

Now the High Court has clubbed all the three appeals taking into consideration the
subject matter.

The laws of Union of Indiva are in pari materia with that of Union of India.