1 1st Inter College Moot Court Competition | Shyambazar Law College

Moot Proposition

Hom Tolland Cine Films Ltd. (HTCF) …………………………Petitioner

Vs.
State of Best Wengal………………………………………...…Respondent

1. The Republic of Zendia is considered to be on the greatest democracies of all

time. The Constitution of Zendia is praised internationally because of the
fundamental rights that are enshrined in it, and has been inherited from the Great
Magna Carta and Bill of Rights from various countries. The Nature of the
Constitution enlightens Sovereignty, Socialism, Secularism, Democracy and
Republic. Part III of the Constitution of Zendia talks about the fundamental rights,
and one of the most important rights within it is the Freedom of Speech and
Expression. Zendia is culturally and linguistically diverse and it always
concentrates on upholding the educational and religious rights of all the sections
of the society including the minorities.

2. This Diversity leads to the birth of multiple ways of expression of entertainment.

Each and every corner of the country has its own film and music industry. This
sector contributes immensely to the growth and development of the economy.
Nowadays Pan-India launch of the movies portrays the acceptance of the regional
actors and they gain huge mass following across the country.

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3. The Central board of Film Certification is the primal authority for validation and
certification of cinematograph films. This Board was created, in the year 1952,
statutorily by the parliament via enacting the Cinematograph Act, 1952. Each and
every film must receive the mentioned certification in order to be released in any
exhibiting platforms.

4. Zendia witnessed the growth of the Film Industry from 1952 to 2023, with the
advent of the Television, setting up of Multiplexes and OTT platforms. The Film
Industry made a remarkable contribution to the National GDP, accounting for
indirect and induced effects, the industry is estimated to generate a total gross
output of INR 259k CR and a total employment of 22.8 lakh.

5. There are different categories of films and the Film industry of Zendia produces
in each and every one of them, such as Feature films [40 min or more], Short
films [under 40 min], Animated films, Film adaptations, Historical films,
Biographical films, Silent films, Documentary films, and the modern day
expression of scripts are done via Web Series. Directors and Producers from
different linguistic and cultural background produce movies which are related to
religion as well as politics. The Constitution of Zendia gives them the right of
expression, and they share fictional as well as factual scripts with the audience
through audio and visual mode of cinema.

6. Hom Tolland Cine Films Ltd. (HTCF) is a well-known film production company
in Zendia which has produced more than 60 films over 2 decades. HTCF puts a
step forward in the year 2020 by launching content in the OTT platforms. With a
remarkable grip of hit films and web series HTCF produces content which are
based on facts and real life incidents. Recently in the year 2022, this production

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 house released a teaser of a film named as ‘The Perela Story’, which spiked
criticism and controversy at the same time. The movie revolved around a real life
story of 3 boys who have been trafficked outside Zendia for the purpose of Begar
& Forced Labour. Along with that it has been mentioned in the teaser that almost
22,000 boys have been trafficked within 2017-2022. Five months after the teaser,
the Official Trailer has been released in the month of February 2023, which led to
the uproar in the country of Zendia because, according the citizens there are no
official data of the number 22,000, moreover the film portrays that Wakabi
Community is behind the trafficking, which is also creating a problem of chaos
within the country. The Wakabi Community belongs to the minority of the
country, and such depiction is portraying the suppression of majority on the
minority, also wakabiphobia is getting sketched. The clash of communities and
political turbulence is creating communal violence in the country.

7. After getting a clearance from the certification board the film was released in the
theaters in the month of April, 2023. It was appreciated by many, but attracted a
lot criticism such as it is leading to a rise of hatred in between the people
belonging to different communities, it might lead to riots, and also there is a
political motive behind the promotion of such film.

8. Soon after the release extensive protests were taking place in various corners of
the country, the ruling party of the country and the opposition parties were
throwing mud on each other, communal violence took a wild turn. A PIL was
filed in the Supreme Court of Zendia regarding the factual error that was
mentioned in the trailer, which mentioned the number of 22,000 boys being
trafficked. The Apex court questioned the Production house and the Director Mr.
Nistofer Chrolan, to which they failed to produce any data in front of the court.

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 Although the director was praised a multiple times earlier for his remarkable
directions such as Outerstellar, Closedheimer, The Bright Knight Trilogy etc,.
The Court ordered them to use the number of boys who were trafficked as a
fictionalized number, since it there is so data to back it up, and also mandated to
declare the film as a fictional work. HTCF and the Director have to publish it as
a fictional piece of art, and the film got a clearance from the Apex court as well.

9. In the first week of May, the State of Best Wengal witnessed a lot of riots and
communal violence in the District of Whyrah because of the release of the movie,
and the riots weren’t restricted to the theaters only. The Government of the State
of Best Wengal, by the authority enshrined in Section 6(1) of the Best Wengal
Cinemas (Regulation) Act, 1954 declared a ban on the film ‘The Perela Story’,
giving a reason that it is spreading communal hate and political propaganda is
kept in it, hence disturbing public peace, harmony and order as per the reasonable
restrictions of Article 19(2) of the Constitution of Zendia. Allegations were also
made that the film is politically biased because the film was carrying propaganda
run by the ruling party of the Country of Zendia. HTCF filed a Civil Writ Petition
No. 26147 of 2023, in the Supreme Court of Zendia alleging that the Film got a
validation and certification from the Board as well as a clearance from the Apex
Court, but the State of Best Wengal is violating the right to speech and expression
by banning it. The Supreme Court took cognizance of the matter.

10. The Petition is now listed before the Constitution Bench of the Supreme Court of
Zendia on June 26, 2023 for a final hearing on all the questions of law including
the maintainability of the petition.

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 The issues that have been raised are:

1. Whether screening of such a film was legally correct, which is allegedly

controversial, politically biased and spreading communal hatred?

2. Whether Section 6(1) of the Best Wengal Cinema (Regulation) Act, 1954 is

justified enough to ban a film in the State based on reasonable grounds?

3. Whether the ban on the film violated the fundamental right of freedom of speech

and expression?

Note:

1. The Constitution of Zendia adopts the Constitution of India verbatim and all the
provisions of the Constitution of India are incorporated as the provisions of Zendia
Constitution.

2. The powers and the jurisdiction of the Supreme Court of Zendia are the same as the
powers and the jurisdiction of the Supreme Court of India.

3. The rest of the laws of Zendia, are in pari materia with the legislation of the Republic
of India.

4. The State of Best Wengal is one of the states of the Republic of Zendia.

5. The Best Wengal Cinema (Regulation) Act, 1954 is in par material with the The West
Bengal Cinema (Regulation) Act, 1954

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Disclaimer:

The facts stated in the present case are fictitious and have been drafted solely for the
purpose of the competition. The facts, names, locations and dates bear no resemblance
to any person, event or happening whether dead or alive. Any resemblance, if any, is
purely coincidental. This problem does not intend to hurt the feelings of any section of
society or to offend any person. The moot teams are expected to draft their pleadings on
behalf of both the petitioner and the respondents by framing the issues.

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