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MOOT PROPOSITION

1. Indiana, a sovereign socialist secular democratic republic, encompasses a vast expanse of

land. It is home to almost 15% of the world’s population. Rooted in the principles of
democracy and secularism, Indiana values the diversity of its citizens and upholds the tenets
of socialism to ensure equitable distribution of resources and opportunities. The nation
operates under a democratic framework, where citizens actively participate in shaping the
political landscape. Indiana's commitment to sovereignty underscores its autonomy and
independence as a nation, embracing the ideals of a republic to safeguard individual rights
and collective welfare. In adopting a secular stance, Indiana strives to maintain a harmonious
society that respects all religions and beliefs, fostering an inclusive environment for its
diverse population.

2. In Indiana, the share market has emerged as a pivotal source of livelihood, with citizens
increasingly embracing it as a means of income. The trend of investing in the stock market
has gained rapid momentum, becoming a prominent occupation for many. As people
enthusiastically participate in this financial landscape, the economic trajectory of Indiana has
experienced positive momentum, reflecting the collective prosperity spurred by investment
activities. This shift towards share market investments has not only transformed individual
financial landscapes but has also contributed significantly to the overall economic well-
being of the country.

3. Major corporations wield significant influence over both the share market and the broader
economy. These large companies play a pivotal role in shaping market dynamics, as their
actions and performance resonate throughout the financial landscape. With considerable
market capitalization and widespread operations, these corporations have a powerful impact
on share prices, influencing investor sentiment and market trends. The symbiotic relationship
between these major players and the share market is instrumental in determining the overall
economic health of Indiana. Their strategic decisions, financial performance, and market
presence collectively contribute to the stability and growth of the national economy,
underscoring the interconnected nature of corporate influence and economic prosperity.

4. State Bank of Indiana Country (SBIC), a financial powerhouse, stands as a leading and
influential institution within the nation's financial landscape. Renowned for its substantial net
worth and market value, SBIC commands a vast customer base, epitomizing trust and
reliability in the banking sector. As a significant player in the share market, SBIC has

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exhibited remarkable growth, shaped market dynamics and influencing investor sentiment.
The bank's pivotal role extends beyond individual investments, as it actively participates in
steering the overall nature of the market. Attracting investments from both major corporations
and individual investors, SBIC serves as a linchpin for the economy. Notably, even
government entities, governmental investment agency, recognize its significance, further
emphasizing SBIC's integral role in the economic prosperity of the country.

5. Sanjeev Kumar, a journalist, is known for asking tough questions and exposing issues
through his YouTube channel, "Report of Sanjeev Kumar." He criticizes the ruling party and
works as a whistleblower, bringing attention to any wrongdoing. With a large number of
subscribers, his reports are popular and reach a diverse audience. Sanjeev Kumar's
straightforward approach and dedication to uncovering the truth make him a significant figure
in digital journalism.

6. In past, Sanjeev Kumar, the journalist, brought to light a matter of public concern through
his YouTube channel. His report highlighted fluctuating numbers in the records of a private
company named Dabor, impacting the company's share price in the market. Dabor, in
response, filed a complaint against Sanjeev Kumar, disputing the accuracy of the report.
Despite facing the allegations, Sanjeev Kumar maintained the veracity of his claims, asserting
the truthfulness of the report. Subsequent investigations, however, confirmed the accuracy of
Sanjeev Kumar's findings, ultimately validating the journalistic integrity of his prior report.

7. Upon the recommendations of both the Department of Economic Affairs (DEA) and the
Press Information Bureau (PIB), the Department of Telecommunications (DoT) initiated
surveillance on Sanjeev Kumar by discloser and interception of his information. This action,
carried out under the authority granted by Section 20 of the new Telecommunications Act,
2023, it was deemed to be in the national interest. The decision to monitor Sanjeev Kumar
was a response to perceived considerations related to economic affairs and public
information, emphasizing the government's commitment to safeguarding national interests
through the legal framework provided by the aforementioned legislation.

8. On January 10, 2024, the Department of Telecommunications (DoT) shared that Sanjeev
Kumar is about to release a report stating some issues with the records of the State Bank of
Indiana Country (SBIC). They also hinted that this might cause SBIC's share price to drop.
Additionally, it was revealed that Sanjeev Kumar has been communicating to big investors,
suggesting them to sell their SBIC shares because of the expected decline. Whether Sanjeev's

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report is accurate or not is still uncertain, but the concern is significant. [if this information
gets out, it could not only affect SBIC's share price but also cause trouble for the entire share
market and the economic stability of Indiana.]

9. Following the DoT's information, the Press Information Bureau (PIB) recommended to the
Ministry of Information and Technology to monitor Sanjeev Kumar's YouTube channel. On
January 13, 2024, Sanjeev published a report on SBIC, indicating fluctuations in records of
SBIC. Shortly after the video's release, leveraging the authority granted by Rule 16 of the
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,
2021, which is rooted in Section 87 of the Information Technology Act 2000, the Ministry of
Information and Technology took action. Under these rules, the Ministry decided to ban
Sanjeev Kumar's YouTube channel. The move aimed to maintain the potential impact of the
information on SBIC's share price, considering the broader implications for the share market
and the economic stability of Indiana.

9. In response to the ban on his YouTube channel, Sanjeev Kumar promptly filed a writ
petition in the Hon’ble Supreme Court of Indiana, asserting the deprivation of his
fundamental rights to free speech and expression, as well as the right to privacy. The petition,
aimed at challenging the Constitutional validity of Section 20 of the New
Telecommunications Act, 2023.

10. The Supreme Court of Indiana has listed the case for hearing on the 10th Feb of 2024.

ISSUES RAISED

1. WHETHER THE WRIT PETITION FILED BY THE PETITIONER IS MAINTAINABLE

IN THE HON’BLE SUPREME COURT OF INDIANA.

2. WHETHER THE IMPUGNED ACTION OF THE GOVERNMENT VIOLATED THE

RIGHT TO FREE SPEECH AND EXPRESSION UNDER ARTICLE 19 OF THE
CONSTITUTION OF INDIANA.

3. WHETHER THE PROVISIONS UNDER SECTION 20 OF TELECOMMUNICATION

ACT, 2023 CONSTITUTIONALY VALID.

4. WHETHER THE ACTION OF GOVERNMENT VIOLATED THE PROVISION OF

UNIVERSAL DECLARATION OF HUMAN RIGHTS.

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Note:

1. The Constitution and laws of Indiana are pari materia with the Constitution and laws of
India.

2. The Government of Indiana through the Official Gazette Notification in Jan 2024 has
enforced the Telecommunication Act,2023.

3. The Teams have the liberty to raise pleadings pertaining to any other relevant matter in
issue.

4. This Moot proposition is a work of fiction. Names, characters, businesses, places, events
and incidents are either the product of the author’s imagination or used in a fictitious manner.
Any resemblance to actual persons, living or dead, or actual events is purely coincidental.

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LEGAL ASPECT

Arguments from Petitioner-

1. Violation of Fundamental Rights:

Sanjeev Kumar contended that the ban on his YouTube channel infringed upon his
constitutional right to free speech and expression, essential for robust journalism and public
discourse. The action, he argued, restricted his ability to disseminate information and engage
with his audience.

2. Right to Privacy:

Sanjeev Kumar emphasized that the surveillance initiated by the government, leading to the
ban, constituted a breach of his right to privacy. He argued that the unwarranted monitoring
of his activities compromised his personal space and hindered the exercise of his profession
as a journalist.

3. Constitutional Validity of Section 20:

The writ petition challenged the Constitutional validity of Section 20 of the New
Telecommunications Act, 2023. Sanjeev Kumar argued that the provision, which granted
powers to initiate surveillance in the name of national interest, lacked clarity and
proportionality, raising concerns about potential abuse of authority.

4. Violation of International Standards - Article 12 of UDHR:

Sanjeev Kumar asserts that the government's action contravenes Article 12 of the Universal
Declaration of Human Rights (UDHR), which recognizes the right to privacy. He contends
that the ban on his YouTube channel and the surveillance activities impinge upon
internationally recognized human rights standards, warranting a review of the government's
actions in light of global principles.

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Government's Defence Against Sanjeev Kumar's Writ Petition:

1. National Security Concerns:

The government argued that the surveillance and subsequent ban on Sanjeev Kumar's
YouTube channel were enacted in response to information suggesting potential harm to the
State Bank of Indiana Country (SBIC) and the broader economy. National security concerns,
it asserted, warranted preventative measures to maintain economic stability and protect public
interests.

2. Regulatory Framework Compliance:

The government contended that actions taken under Section 20 of the New
Telecommunications Act, 2023, were in line with the established regulatory framework. The
provision, it argued, empowered authorities to address threats to national interests, providing
a legal basis for surveillance in cases where potential economic ramifications were at stake.

3. Balancing Rights and Responsibilities:

In response to the claim of violating Sanjeev Kumar's right to free speech and expression,
the government emphasized the need to strike a balance between individual freedoms and the
collective responsibility to safeguard national interests. The ban, it argued, was a measured
response to prevent potential harm to SBIC and the economy.

4. Public Interest Supersedes Privacy:

The government asserted that the surveillance on Sanjeev Kumar was justified under the
principle that in certain situations, the greater public interest, especially concerning economic
stability, may supersede an individual's right to privacy. The action taken, it argued, was a
necessary step to address potential disruptions in the financial sector.

5. Constitutional Validity:

The Government argued that Section 20 of the New Telecommunications Act, 2023, was
constitutionally valid, providing essential tools to tackle emerging threats in the digital age.
The government argued that the provision was crafted with due consideration to
constitutional principles and the evolving landscape of national security challenges.

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