RMLNLU/MCC/Navitas/2023/Moot-

DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY,

LUCKNOW

MOOT COURT COMMITTEE

NAVITAS, 2023

FOR FIRST-YEAR STUDENTS ONLY

MOOT PROPOSITION

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STATEMENT OF FACTS

1. The Republic of Ethinia is the second most populous country in the world and the seventh
largest in area. It has a diverse population divided by religion, ethnicity, caste, language,
culture, and region. Ethinia, previously a Swedish colony, gained independence around 86
years back and is governed by a written constitution, structured to suit a quasi-federal
system. Ethinia is a flourishing electoral democracy and has a three-tier governance
structure with governments at the Central, State and Local levels.

2. The Republic of Ethinia is a representative democracy with two key representative bodies
(at both the Central and State level): The Ethinian Beth Din (Legislative Council) at the
top followed by the Council of Ethinian Governance (Governing Council). The Republic
of Ethinia, before independence, was a scattered cluster of “Your Majesty States”, which
after independence slowly and steadily joined and led to the birth of Ethinia. In fact,
Article 1(1) of the Constitution of Ethinia reads: Ethinia, that is NavRashtra, shall be a
Union of States.

3. The Republic of Ethinia, owing to its colonial history and efforts undertaken by its
forefathers for national unification had several special provisions for certain majestic
states that had joined the republic. One such majestic estate that had joined Ethinia was
the Great Kingdom of Plovid. Plovid was a powerful kingdom but had seen serious
natural calamities in toto to a war of succession among its warlords fuelled by foreign
diktats which culminated in the disintegration of its kingdom. The King Darpit of the
Kingdom of Plovid was forced to bundle to the then-emerging Republic of Ethinia for the
protection of national sovereignty and to save the lives of its common gentry.

4. The Republic of Ethinia formulated a constituent committee for the smooth integration of
the Kingdom of Plovid into the Republic. The committee after 3 years of detailed study
and understanding of the spatial-regional history came up with the solution of giving a
dual structure governance model to the Kingdom within the strictures of the Republic of
Ethinia.

5. The committee recommended the following key features:

 The kingdom shall have its individual flag, constitution, local land laws, etc.

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 The kingdom shall be subservient to the Republic only on matters of communication,

inter-state trade, foreign policy, national security, defense, and external affairs.

 The Republic of Ethinia shall strive to maintain the autonomous status of the
Kingdom vide article 370 of the Constitution of Ethinia which provided temporary
special status to the Kingdom of Plovid.

 The President of the Republic of Ethinia could apply provisions of the Ethinian
Constitution in Plovid through an executive order.

 The special status of Plovid could not be amended or repealed unless the Constituent
Committee of Plovid recommends it.

6. The Republic of Ethinia accepted the recommendations given by the committee and went
on to appoint a constituent committee for the majestic estate of the Kingdom of Plovid
which would draft a separate constitution for the Kingdom. Similarly, constitutional
protection to the separate constitution of Plovid was also provided vide insertion of
Article 370 to the Constitution of the Republic of Ethinia.

7. The Kingdom of Plovid since its accession to the territory of Ethinia had witnessed
various tensions due to foreign influence among its sizeable population which has further
aggravated in the past few years. Things became catastrophic for the state government of
Plovid on 14th February 2020 when a group of mercenaries bombed police stations at
various places of Plovid which killed almost 80 policemen and around 900 civilians and
many thousands succumbed to injuries.

8. The recent incident was one among many such incidents that had taken place in the state
and Ethinia wanted to make it the last. The President of the Republic of Ethinia decided
to impose the president‟s rule and disbanded the state government of Plovid and took
control of the law-and-order situation within its control.

9. The government of the day of Ethinia wanted to make a forever solution to the problem of
Plovid for which it issued a presidential order dated 28th February 2023 amending Article
367 of the Constitution of Ethinia. The amendment made it such that the reference to the
„Constituent Committee‟ in Article 370(3) became a reference to the „Legislative
Council‟.

10. Eventually, the Central Government of the Ethinia received the power to amend Article
370 since Plovid was under the President‟s rule, and all the legislative functions of Plovid
for the day vested upon Ethinia‟s Union Parliament. The Central Government moved

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from words to deeds when it passed a statutory resolution from Ethinian Beth Din to
abrogate Article 370 of the Constitution.

11. The said resolution was put into effect by the President of the Ethinia vide the presidential
order dated 20th March 2023 abrogating all clauses of Article 370 of the Constitution of
Ethinia. Inadvertently, the special status granted to Plovid came to an end.

12. The organization - Societal Order and Maintenance (“SOM”), which was based in the
State of Plovid and was against the measures undertaken by the government of the day.
They considered that the measures taken were subverting the basic features of Ethinian
Republic of Federalism and Fundamental Rights. The organization moved the Hon‟ble
Supreme Court of Ethinia with a Writ Petition against these measures of the government.

13. In the year 2019, Babejyoti - a resident of Plovid, popular television and movie star, and
the heartthrob of all great parties in Plovid, was caught driving drunk. It was a minor
offence in the erstwhile Plovidian Penal Code (got replaced by the Ethinian Penal Code
after the abrogation of Article 370) and hence, he was fined and let off. However, some
portion of the media captured him driving in the inebriated state and photographed him
while he was passing near a crowd of people. The crowd of people were holding protests
and creating communal tensions in several areas of the State.

14. Resultantly, various media channels and certain famous journalists like Ms. Dwivedi
started showcasing Babejyoti in such state and portrayed Babejyoti as a miscreant.
Various news media websites like Dharavi Times, Bhattu Rozana, Shubh Samachar etc.
widely reported his behaviour and deemed him a menace to society‟s law and order.
These websites popped up prominently and were part of the suggested news on the widely
used search engine platform, Snuggle.

15. Babejyoti shifted to Poppyland, the capital city of Ethinia, and continued with his life
there. Poppyland (formerly known as „Naveda‟) had its own party culture and was widely
renowned throughout the country. In fact, the name was changed from Naveda to
Poppyland by the witty and generous Chief Minister, Mr. Poppy Choudhary who used to
interact very positively with the citizens). Babejyoti continued to party with the same
intensity, and the parties that he attended were quite often attended by some of the leaders
from the State of Plovid who desired the liberation of the State from the Republic of
Ethinia.

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16. In a significant decision by the constitutional bench of the Supreme Court of Ethinia in
October 2022, the top court legalised same-sex marriages in the Country. Within three
months of passing of the landmark decision, Babejyoti proposed to his longtime
boyfriend, Aabhri with whom he was living together in Poppyland. Aabhri said yes and
they began making plans for having a grand marriage ceremony with friends and family.

17. But celebrations were short-lived as Aabhri‟s father disapproved of the marriage. He was
skeptical of Babejyoti because of the articles published against Babejyoti and thought that
he was not a good fit for his son. It is pertinent to note that Babejyoti had some good
connections and if he wanted, could‟ve run away and married Aabhri with the help of
these connections. Among these connections were few of his batchmates from school,
who have now become leaders of various movements and they actively participate in
protests using violent means in the State of Plovid.

18. During this period, the situation in the State of Plovid was aggravating and Babejyoti
noticed that the articles from his past were being shared again and were prominently
coming up on Snuggle. Because of this, Babejyoti faced a lot of flak because people
perceived him as a security threat. In recent years, the number of internet users in Ethinia
has mushroomed to staggering magnitudes, increasing the limits of knowledge of the
common folk. Babejyoti approached Snuggle‟s CEO via email dated 1 February 2023 for
delinking/removing the articles which name him and are easily discoverable on Snuggle.
The email sent to Snuggle is hereby attached as Annexure- 1.

19. Babejyoti approached the Hon‟ble High Court with the Central Government of Ethinia as
respondents, and requested as such: firstly, removal/delinking of articles from the
platform of Snuggle and other such platforms and secondly, declaration of „right to be
forgotten‟ as a fundamental right available to all individuals in the state of Ethinia. The
Hon‟ble High Court of Plovid granted the first relief however, the second relief as prayer
by the petitioner was left untouched by the Hon‟ble HC and ruled that the issue involves
key constitutional issues and the same needs to be answered by the Supreme Court.

20. The Hon‟ble High Court ruled as such:

PETITIONER: Babejyoti vs. RESPONDENT: Republic of Ethinia and

Others

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DATE OF JUDGMENT: 08/08/2023

BENCH: A.B. Kumar (C.J.), Shivyanshu, J., M.D. Tripathi, J.

Hon’ble High Court of Plovid

It is not necessary in this case to express our view on whether the right to be
forgotten is a Fundamental Right within the constitutional scheme of Ethinia
or whether the same stands infringed of the petitioner.

However, we would issue an order directing the respondents to remove/delink

the articles in whichever manner is present across the public domain.

ORDER:

The Writ Petition is partly allowed and the article on the petitioner present
across the public platforms is to be removed/delinked by the respondents. The
Petitioner would be entitled to the issue of a writ of mandamus directing the
respondent to remove/delink the articles which name the Petitioner. The rest of
the petition is for the Supreme Court to deliberate and decide upon. There will
be no order as to costs.

21. The Central Government in response to the judgment delivered by the Plovidian High
Court came up with the Thugs (Procedure for Fair Investigation of Violence on Account
of Communal Tensions) Bill, 2023 which received the assent of both the Houses at the
Central & State level and the Act came into existence. The Act mandated all social media
websites not to delete/delink any data regarding the people alleged to have been a part of
communal tensions that have occurred in any part of the state of Ethinia. The Hon‟ble
Minister of Internal Security Rishab Murphy while presenting the bill remarked that the
High Court has patently erred in reaching the conclusion and we are the custodians of the
will of the people, and we shall rectify such a defect. The Act is hereby attached as
Annexure-II.

22. Babejyoti filed a separate writ petition before the Hon‟ble Supreme Court challenging the
constitutionality of clause 3(a) of the Thugs (Procedure for Fair Investigation of Violence
on Account of Communal Tensions) Act, 2023 as being violative of the doctrine of
separation of powers striking at the root of basic features of Ethinian Constitution. The

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Petitioner contended that the enactment is a case of legislative overreach and annuls a
judicial precedent, thus, the provision needs to be struck down.

23. The Supreme Court of Ethinia clubbed all the key constitutional issues arising out of
Plovid (as Plovid batch of Petitions) and framed the issues as under:

ISSUES:

The Supreme Court of Ethinia clubbed all the key constitutional issues before it and the
parties are requested to argue before the Court on the following issues:

1. Whether a constitutional provision can be changed or altered either directly or indirectly if

no specific power is prescribed within the constitution in light of the orders by the President
of the Republic of Ethinia?

2. Whether the „right to be forgotten‟ can be recognised as a fundamental right and could it be
used by Babejyoti to request the removal/delinking of the articles that name him?

3. Whether a writ of mandamus crystallising the rights and liabilities of a particular party be
annulled by way of a subsequent enactment?

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ANNEXURE – 1

Legal notice to Snuggle for erasure/removal/delinking of all articles on Mr. Babejyoti

that are causing grave, irreparable injury to his privacy, dignity and reputation.

1.02.2023

Dear Sir,

Under instructions of and on behalf of my Client, I hereby serve upon you the attached
notice, without prejudice to the rights of my Client. You are requested to kindly
acknowledge the receipt of this email, at the earliest.

Regards,

X, Advocate

Piya Milan Chauraha, Todiya Chowk, Plovid

Mob: XXXXXXXX83

WITHOUT PREJUDICE

Through Email

To,

Snuggle

Mr. Aubey Raj, CEO

Powerhouse Road, Poppyland

201301

Subject-: Legal notice to Snuggle for erasure/removal/delinking of all articles on

Mr. Babejyoti that are causing grave, irreparable injury to his privacy, dignity and
reputation.

1. That my client is Babejyoti, a known television and movie star, who has done a variety
of roles and plays, and the information related to the same has been attached in Table 1.
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2. Despite attaining outstanding success in silver screen industry, my client had to suffer
utmost psychological pain for his act, which was largely blown out of proportion, even
though the act of drunk driving happened about 4 years ago. The list of all of these
articles is given as attached in Table 2.

3. That through various case laws from foreign jurisdiction and even in the Ethinian
jurisprudence, various courts have dwelled upon this right and we feel it will give us a
favourable outcome in this scenario as well.

4. I, therefore, through this Notice finally call upon you to remove/ delink/erasure of all
the articles which are in prejudice to my client's rights, within clear 15 days from the date
of receipt of this notice from your search engine, failing which my client reserves a right
to take adequate legal recourse.

6. A copy of this notice has been kept at my office for records. Should you have any
questions, please contact the undersigned.

Regards,

X, Advocate

For Mr. Babejyoti

TABLE 1 - (BABEJYOTI’S APPERANCES IN VARIOUS TELEVESION SHOWS

/ MOVIE)

S. No. Year Name of Television show/movie Role

1. 2006 Kyunki Yeh College Bhi Kabhi Jhakaas Tha Supporting

2. 2009 Iss Saal Ka Batch Hi Aisa Hai Junior

3. 2010 Yeh Dosti Kya Kehlati Hai Shady Dost

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4. 2012 Rumloo‟s Royal Singles‟ Stag Glasses Lead

5. 2015 Game of Committees Lead

TABLE 2 - ARTICLES PUBLISHED AT VARIOUS NEWS MEDIA WEBSITES

S. No. Website Link

1. Dharavi Times https://dharavitimes/babejyoti_ka_antakh

2. Poppyland‟s Tales https://poppylandtales/babejyoti_ke_moves

2. Shubh Samachar https://shubhsamachar/babejyoti_on_the_floor

3. Bhattu Rozana https://bhatturozana/babejyoti_ka_telekha

4. Gajju Now https://gajjunow/babejyoti_no_more_only_dangerjyoti

5. Johnpuram Diaries https://johnpuramdiaries/babejyoti_ka_tamasha

6. Slay only https://slayonly/babejyoti‟s_plan_to_slay

7. Lohiya Gossip https://lohiyagossip/nashile_babejyoti

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ANNEXURE-II

THUGS (PROCEDURE FOR FAIR INVESTIGATION OF VIOLENCE ON

ACCOUNT OF COMMUNAL TENSIONS) ACT, 2023

(2) Definitions-

….

(c) “Thug” means member or leader or organiser of a group and includes any person
who abets or assists in the activities of a group engaged in communal tensions or even
abetting or instigating such tensions whether before or after the commission of such
activities or has been remotely linked to such activities or has been captured by any
electronic device to be present near the epicentre of such tensions;

(d) “Investigating Authority” means all the investigating authorities conferred power
under the Poppyland Special Police Establishment Act, 1946.

(3) Compliance by an intermediary

An intermediary, including social media intermediary and all news reporting

intermediary, shall abide by following directions while discharging its duties,
namely:—

(a) the intermediary shall not delete any data present on its website, mobile based
application and both, as the case may be, till the investigating agencies finally
discharges the person accused in communal tensions;

(b) ….

….

(21) Notwithstanding anything contained in any law for the time being in force or any
direction issued by any court, any data processed by any intermediary regarding any
of the person part of or likely to be part of have been suspected to be part of
communal group rioting shall be deleted only through a notification issued by the
Central Government.

….

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(22) Power to make rules - (1) The Central Government shall, within one year from
the date of commencement of this Act, by notification, make rules for carrying out the
provisions of this Act.

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NOTES: The laws of the Republic of Ethinia are para materia the laws of Republic of
India. The provisions of the Constitution of Ethinia are para materia to the Constitution
of India. The State of Plovid is para materia to the erstwhile State of Jammu & Kashmir.
Poppyland is para materia to Delhi.

This Moot Problem has been drafted by Mr. Abhyuday Pratap and Mr. Arnav Mathur,
from the Batch of 2025. Any attempt to contact the problem drafters shall result in
immediate disqualification.

The current Moot Proposition may not be used by any participant, or any other party, for
any reason, including intra-school competitions, without the prior written consent of the
Organising Committee.

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