MOOT PROPOSITION 'B'
22ND M.C. CHAGLA MEMORIAL GOVERNMENT L AW COLLEGE N ATIONAL MOOT COURT COMPETITION , 2015
Udhaar and Swarmy v. Republic of Hind
1.
Republic of Hind is a vibrant developing economy with a majority Hindu population. In 2014, the ruling Panda Party was overthrown by a landslide majority in the favor of Progress At All Points (“PAAP”) Party and the prime ministerial candidate Om-Chai Singh was appointed as the Prime Minister of Hind. Om-Chai was widely publicized throughout the election campaign as a visionary leader focusing on rapid economic development and transformation. He had previously been a 5 time Chief Minister of Seceededa, a large state in Hind. Though the opposition had blamed him to be complicit in the communal riots that had taken place in Seceededa under his rule and several ministers of his government were being investigated, there was no evidence against Om-Chai.
2.
As soon as Om-Chai came to power, several large-scale government initiatives to stimulate industrial and economic development were inaugurated by Om-Chai. Om-Chai also went on a whirlwind world tour to propagate Hind as the next manufacturing hub of the world and invited global investors to invest in Hind to re-simulate Hind’s growth rate. On May 31 st , 2015, Om-Chai announced that June Ju ne 12, 2015 would be celebrated as World Yoga Day with several yoga programs and events being organized throughout the country.
3.
The Ministry of Indigenous Medicine (“MIM”), which was under the charge of Om-Chai issued a Notification (“Yoga Day Notification”) announcing the programs for World Yoga Day Celebrations which included compulsory practice of Yoga on June 12, 2015 for all persons and that Yoga would now be mandatory in school and college curriculums as a compulsory subject. Further, the MIM appointed Mahant Sadyoga Guru as the Regulating Authority for for the purposes of carrying out all functions related to Yoga Day Celebrations.
4.
Mahant Sadyoga Guru (“MSG”) was a world-renowned and globally popular yoga guru in Hind. Though MSG was very popular and had many disciples and teachers as his followers, his business operations were estimated to be worth 350 Crores and were operated through multiple trusts related to MSG in controlling capacity, owning, inter alia, alia, Yoga Institutions and sale of Yoga and Ayurvedic products. Though the financial information of MSG was disclosed under Section 4 of the Right to Information Act, 2005 information pertaining to MSG’s multiple trusts was not disclosed and was otherwise not available in public domain.
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MOOT PROPOSITION 'B' 22ND M. C. CHAGLA MEMORIAL GOVERNMENT GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2015
5.
MSG and his close disciples were actively involved in teaching at the celebratory functions organized by the Government. Yoga was now made mandatory for all government employees to learn and practice for 1 hour every day from only Certified Practitioners of the Regulating Authority.
6.
Several minority groups had made its reservations public and protested against the Government stand to impose compulsory Yoga training. The Minister of State for MIM in a public speech stated that “…compulsory yoga was aimed at strengthening the mind, body and soul of the youth and was in the supreme interest of public health and should not be viewed as symbolic of any sp ecific religion.”
7.
The University of Clash, in the state of Clashfaer, a state with majority Muslim population and historically embroiled in cross-border terrorism and communal conflict, refused to incorporate Yoga into its curriculums. The Vice-Chancellor, Mr. Wyingoff Wrighte communicated to the MIM that the Yoga Day Notifications of the MIM were not applicable and also not binding upon the University for several reasons.
8.
Soon thereafter, Mr. Wyingoff Wrighte was removed and a new Vice-Chancellor was appointed, Mr. Trik Shule. Mr. Trik Shule immediately announced that the University of Clash will be holding Yoga Day Celebration on 21 st June, 2015 involving compulsory participation for all students. There was large-scale protest by student groups in the University against the appointment of Mr. Trik Shule and the Yoga Day Celebrations. Thannos Mir, an enrolled student at the University, refused to attend the Yoga Day Programs and openly staged a peaceful protest. Mr. Trik Shule, immediately rusticated Mir from the University, following due process on grounds on non-adherence of University Rules and compulsated Mir to immediately vacate the University accommodation and premises.
9.
In the meantime, there were several reports in the media that there were largescale kickbacks and corruption in the appointments of Certified Yoga Practitioners of the Regulating Authority and embezzlement of public funds. Tomorrow News, a TV news channel, launched a media campaign to investigate into the widespread corruption and severely criticized the appointment of the MSG as the Regulating Authority. Mr. Swarmy, the leading anchor for Tomorrow News, interviewed MSG in his usual aggressive style and intimidating questioning which led to controversial and embarrassing responses from MSG.
10.
An RTI Application was filed with the MIM requesting information on financial holdings of multiple trusts related to MSG. However, the PIO rejected the Page 2 of 4
MOOT PROPOSITION 'B' 22ND M. C. CHAGLA MEMORIAL GOVERNMENT GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2015
information on the grounds that such information was not available with the MIM and was third party information. 11.
The media campaign was highly popular and the interview received the highest ratings that TomorrowNews had ever received. The share prices of Networx Ltd. the company that owned TomorrowNews increased by 377%. The revenues and the profits of the company posted increases of 420%. The CEO of TomorrowNews quadrupled the bonus payment of Mr. Swarmy. Mr. Swarmy dared Om-Chai to publicly clarify his position upon the scam reported by his TV Channel and claimed that the nation wanted to know how many were involved. In the fallout of the success of the TomorrowNews campaign “Yogagate”, the popularity of the Yoga Day celebrations severely dwindled.
12.
The state owned official news channel NewsOm, issued a report that one of the directors of Networx Ltd. who was considered to be close friends with Mr. Samadhi, the leader of opposition, had specifically directed Mr. Swarmy to be engage in aggressive presentation and spread propaganda on the promise of enhanced monetary compensation.
13.
Immediately, the Republic of Hind, issued the Copyright (Amendment) Act, 2015 to amend the Copyright Act, 1957 whereby Section 2(qq) was amended to be read as under:
‘Performer’ includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture, television show anchor or any other person who makes a performance; 14.
Although, the report by NewsOm did not discredit the news reported by TomorrowNews, the Ministry of Information and Broadcasting ordered a probe into the ‘true motives behind the interview of Mr. Swarmy with MSG’ and issued a Notification prohibiting repeated telecast of the interview with MSG and derecognized TV News presenters as members of the Press owing to the recent amendment to the Copyright Act.
15.
Udhaar, a NGO involved in equality and equal protection of rights and filed a writ petition before the Supreme Court of Hind challenging the Yoga Day Notification as unconstitutional. Udhaar also sought that the information pertaining to the Trusts related to MSG was liable to be disclosed under the Right to Information Act, 2005. Mr. Swarmy also filed a writ before before the Supreme Court of Hind against his de-recognition as a member of the Press and the ban on the telecast of the interview with MSG.
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MOOT PROPOSITION 'B' 22ND M. C. CHAGLA MEMORIAL GOVERNMENT GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2015
16.
The Hon’ble Supreme Court clubbed the matters and are now scheduled for final hearing on all aspects. The laws of Hind are pari are pari materia to the laws of India.
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