MOOT PROPOSITION 'A'
22ND M.C. CHAGLA MEMORIAL GOVERNMENT L AW COLLEGE N ATIONAL MOOT COURT COMPETITION, 2015
Gulrak Stark
…
Petitioner
v. State of Arcadia and Others
…
Respondents
1.
The province of Arcadia is an economically advanced but highly agriculturebased society located in the Targaryen Union. The Arcadian economy relies heavily on ‘marine agriculture’ – i.e. the cultivation of the Kingslayer weed that grows in shallow water. Kingslayer is locally consumed and also exported to other areas of the Targaryen Union. The cultivation of Kingslayer was historically disorganized and conducted in the open sea. A key element in the cultivation is the ‘Whitewalker’ fish. T he spawning process of the Whitewalkers had the side effect of distributing Kingslayer seeds and thereby sowing a new crop of Kingslayer. Whitewalkers however are therefore only effective in sowing Kingslayer when they are capable of reproducing, after which they cease to be of use- a phase commonly known as ‘the Long Night’. The Whitewalkers thus became closely associated with the culture of Arcadia and were not eaten by many Arcadians (especially those from farming backgrounds). Wild Whitewalkers spend the most of their lives in the deeps sea outside the territorial waters of the Targaryen Union, but within its exclusive Economic Zone. But spend the spawning period exclusively near the shoreline.
2.
Over time the cultivation of Kingslayer became more organi zed. By the 1980’s, virtually the entire production of Kingslayer shifted to saline inland ponds. Some small farms however still remained in the open sea. Whitewalkers were usually bred in the same ponds as they were still used in order to sow Kingslayer. However, as technology progressed, the use of the Whitewalkers reduced as mechanized sowing machines became more affordable. Many small farmers still however use Whitewalkers as they are cheaper to purchase than sowing machines. Furthermore, as Whitewalker meat is consumed in the Targaryen Union it provides farmers with an additional source of income. However, the Whitewalkers bred in ponds though extremely healthy are not as highly valued for their meat as Whitewalkers caught in the wild. The best edible Whitewalkers are thus usually caught in the deep sea. Almost exclusively a community called
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MOOT PROPOSITION 'A' 22ND M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2015
the ‘First Men’ conducts the fishing of Whitewakers in Arcadia and neighboring provinces.
3.
In 1978 the Arcadian Nationalist Party, led by Jaideep Lannister won a substantial number of seats in the Targaryen Parliament. The said party was founded promising to protect traditional Arcadian values from the cultural hegemony of the rest of the Targaryen Union. As a part of the ruling coalition, the Arcadian Nationalist Party ensured the passing of a legislation that successfully amended the Targaryen Constitution to insert a new Article 48A. Article 48A reads as under:
“48A. Organisation of marine agriculture and fish farming: The State shall endeavour to organise marine agriculture and fish farming on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, slaughter, of the whitewalker whitewalker fish and other such productive productive fish.”
4.
The Constitutionality of the said amendment was challenged but was ultimately rejected by the Targaryen Supreme Court. A part of the reasoning of the Targaryen Supreme Court included the fact that Article 48A was in pari materia with Article 48 of the Constitution of India (The laws of India are identical to those of the Targaryen Union, and Indian Court judgments are considered binding).
5.
In 2014, the Arcadian Nationalist Party swept to power in the Arcadian provincial elections. In January 2015, the Arcadian state legislative assembly passed the ‘The Kingslayer and Whitewalker Protection’ Act (The K&W Act), 2015. The said Act prohibited the killing of Whitewalkers in the state of Arcadia unless the Whitewalkers were certified to have entered ‘The Long Night’ or were otherwise not longer useful for sowing Kingslayer. The statement of objects and reasons of the Act stated that it was for the protection of the livelihood of traditional Kingslayer farmers and in furtherance of Article 48A of the Targaryen Constitution. Jaideep Lannister, the Chief Minister of Arcadia announced that the Arcadian government would freely grant certificates to fishermen from Arcadia (and especially the First Men) who fished for wild Whitewalkers. Indeed he Government followed up on this pledge so while Jaideep Lannister remained in power. The said Bill received presidential assent, and was notified on 3 rd March 2015.
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MOOT PROPOSITION 'A' 22ND M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2015
6.
The relevant part of the K&A Act is extracted as under:
Section 3:
“(1) Notwithstanding anything contained in any law for the time being in forc e or any usage or custom to the contrary, no person shall kill or cause to be killed any whitewalker in any place in the State of Arcadia, unless he has obtained a certificate in writing from the competent authority. (2) No certificate shall be granted under sub-section (1), if in the opinion of the competent authority the person applying for the certificate is likely to kill or cause to be killed: (a) a whitewalker, which is economical for the purpose of marine agricultural operations and the sowing of kingslayer. Section 4: (1) The police may, subject to the provisions of this Act, enter any place and seize any property that is used to slaughter any Whitewalker in respect of which no certificate is granted under the Act.”
7.
As a result of this the price of Whitewalker meat in Arcadia skyrocketed and a black market of illegally slaughtered fish thrived. Many doctors express concern that persons of reasonable means were deprived of a rich source of protein.
8.
The right wing of the Arcadian Nationalist Party grew more and more unhappy with the K&W Act – they felt it did not go far enough to protect the cultural heritage of Arcadia, and in particular the ‘national fish’ of Arcadia from the being ‘tortured and butchered’ by Targaryens and quisling Arcadians.
9.
The right wing therefore engineered the replacement of Jaideep Lannister with Gaurav Clegane as Chief Minister in mid May 2015. Immediately thereafter, the government of Arcadia stopped granting certificates to the First Men and others to fish for wild Whitewalkers. All of these applications were summarily rejected on the grounds that all Whitewakers (both male and female) contributed to the sowing of Kingslayer in some way. The state assembly of Arcadia also passed the K&W (Amendment) Act amending the K&W Act on 15 th June, 2015, which received Presidential assent the next day. It was notified and became law on 18 th June 2015. The amended act outlawed the possession of Whitewalker meat, and
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MOOT PROPOSITION 'A' 22ND M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2015
made the same a criminal offence punishable with imprisonment. Some of the relevant new sections introduced by the amendment act are as under:
Section 5 (Section 2 of the Amendment Act): “5 (a) (1) No person acting in contravention of the provisions of this Act, shall transport or arrange a transport of a Whitewalker from any within the state to any place outside the state, for the purpose of slaughter or with a knowledge that it may be slaughtered. (2) No person acting in contravention of the provisions of this Act, personally or through his agent, representative, servant or any such other person acting on behalf of him export or import any Whitewalker outside the state of Arcadia. (b) No person shall purchase or sell or dispose of any Whitewalker for slaughter or with the knowledge that it may be slaughtered. (c) Notwithstanding anything contained in this law for the time being in force, no person shall, in contravention of the provisions of this act, possess (keep in custody) meat of any Whitewalker. (d) No person shall possess the meat of any Whitewalker slaughtered outside the state of Maharashtra.
Section 6 (Section 3 of the Amendment Act):
“6. Whoever contravenes the provisions of section 5 shall be punished with an imprisonment of for the term which may extend to one year after conviction or with a fine which may extend to rupees one thousand.”
10.
Ms.Gulgrak Stark is a firebrand Arcadian from the Radical Liberal Party that is the principal opposition to the Arcadian Nationalist Party. She has been at the forefront of the environmental protection movement in Arcadia and through her grassroots activism (including an incident when she destroyed the equipment of a logging company that was illegally felling trees and destroying the natural habitat) is partly credited with saving the endangered arcadian wolf species. Ms.Stark freely admitted to her part in the destruction of the property, and infact courted arrest. However, due to her public popularity she sh e was never prosecuted.
11.
On 19th June, Ms. Stark announced in a press conference that the new measures by the Arcadian government violated the human rights of every Targaryan citizen. She stated that the Arcadian government had been taken over by Page 4 of 5
MOOT PROPOSITION 'A' 22ND M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2015
mindless radicals and had violated it’s promise not enforce the provisions of the The Kingslayer and Whitewalker Protection Act against fishermen. She further stated that it was no use trying to reason or plead with the current Arcadian administration and the recourse for the ‘silent majority’ of Arcadians is both the ‘High Court of Arcadia’ and ‘open defiance of the law’. On the very next day she filed a Public Interest Litigation alleging violation of her fundamental rights, those of every Targaryan citizen, as well as those of the First Men, Ms.Stark filed a Public Interest litigation (as she alleged both violation of her rights as well as those of Arcadian fishermen) in the Arcadian High Court which inter alia sought alia sought the following reliefs: “That this Hon’ble Court be pleased to: a)
By a writ of certiorari or any other writ quash and set aside the ‘Kingslayer and Whitewalker Protection Act, 1996;
b)
By a writ of certiorari or any other writ quash and set aside the ‘Kingslayer and Whitewalker Protection (Amendment) Act’;
c)
By a writ of Mandamus direct the Govt. of Arcadia to grant ‘slaughter certificates’ to fishermen of Arcadia who fish for Whitewalkers when they are not spawning;
d)
For interim and ad-interim reliefs in terms of prayer clauses (a), (b), and c), above;
e)
For any other reliefs that this Hon’ble Court deem appropriate.”
12.
The said PIL has now been placed for hearing and final disposal at the interim stage before a division bench of the High Court of Arcadia.
13.
The Targaryan Constitution is in all respects (save for Article 48A) the same as the Constitution of India. Similarly all laws in the Targaryan Union are the same as in India. Judgments of the Indian Supreme Court (and other Courts) are treated as binding on Targaryan Courts (including the Targaryan Supreme Court) in the same manner as an Indian court would be bound. All rules and circulars of the High Court of Arcadia are the same as that of the Bombay High Court.
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