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Moot Problem Final

The document describes a moot court competition problem involving the Democratic Reformers Association in the country of Indiva. Members of the Association, which includes professionals from various fields, discuss government policies on social media platforms. Their discussions became critical of the government and reservations for certain communities, angering ruling party members. In response, the government banned such activities, arrested some members under Section 124-A of the Indiva Penal Code for disseminating false information, and authorized surveillance of computer networks. The Democratic Reformers Association has now filed a petition in the Supreme Court challenging these orders and Section 124-A on the grounds of freedom of expression and the right to privacy. Participants in the moot court competition must argue both sides of the

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Himanshi Saraiya
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77 views2 pages

Moot Problem Final

The document describes a moot court competition problem involving the Democratic Reformers Association in the country of Indiva. Members of the Association, which includes professionals from various fields, discuss government policies on social media platforms. Their discussions became critical of the government and reservations for certain communities, angering ruling party members. In response, the government banned such activities, arrested some members under Section 124-A of the Indiva Penal Code for disseminating false information, and authorized surveillance of computer networks. The Democratic Reformers Association has now filed a petition in the Supreme Court challenging these orders and Section 124-A on the grounds of freedom of expression and the right to privacy. Participants in the moot court competition must argue both sides of the

Uploaded by

Himanshi Saraiya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Sinhgad Technical Education Society’s

Sinhgad Law College,


Ambegaon (Bk.), Pune.
(Approved by Bar Council of India, Recognized by Govt. of Maharashtra & Affiliated to
Savitribai Phule Pune University, Pune)
(Accredited by NAAC with ‘B’ Grade)

FIFTH SMT. KASHIBAI NAVALE NATIONAL MOOT COURT COMPETITION, 2019

Moot Problem
Union of Indiva is a Democratic country. Democratic Reformers Association is a group of
certain Professionals working in this country which has large network throughout the country. In
this Association many Doctors, Lawyers, Cine Artists, Engineers, Writers are working together
for social cause and social problems. They have framed WhatsApp groups and Facebook
Communities and other social media groups through which they share thoughts and different
initiatives taken by their group. People from different places have joined their group. There are
different kinds of discussions on the group. The office bearers of the Association always request
other members to add people of different communities in the said Association. Members meet
with each other and post discussions on WhatsApp and other Social media group about the
decisions taken by the government which includes giving reservations and curtailing the
reservations for certain communities. The discussion started aggressive arguments about the
government and many members expressed their critical views about the government. Few people
who were the members of the existing Ruling party protested against this on WhatsApp group
and other Social media group. Furious arguments were shared on WhatsApp group and other
social media group. Some people brought these arguments to the notice of Ruling party members
and thus it reached up to some of the ministers. An urgent cabinet meeting was called and a
resolution was passed for banning these kinds of activities in the country. Certain Police
complaints were made against the members of the Democratic Reformers Association. Some
members of this group were arrested by the police stating that they are disseminating false
information about the government and its policies with the aim of instigating people against the
government. There were also violent protests against the resolution by the opposition party.
Members found to have propagated such information were charged under section 124-A of
Indiva Penal Code. Their Anticipatory Bail Applications were rejected by Trial Court and High
Court. The Home Ministry of the country passed order in exercise of the powers conferred by the
Information Technology Act, which talks about Monitoring and Decryption of Information. The

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Government also authorized its Security and Intelligence Agencies for the purposes of
interception; monitoring and decryption of any information generated, transmitted, received or
stored in any computer resource. The Democratic Reformers Association argued that it is the
ultimate assault on fundamental rights and the right to privacy. This kind of order is violation of
right to privacy which is a fundamental right.

In this background, Democratic Reformers Association has filed a petition by challenging the
constitutional validity of the order passed by the Home Ministry of Indiva, Section 124-A of
Indiva Penal Code, and against the order of rejection of bail applications before the Hon’ble
Supreme Court of Indiva.

Note-1)The participants to the competition have to frame the issues and make submissions by
presuming that the laws of Indiva are pari materia to the Laws of India.

2) All the Participants have to prepare the arguments from both the sides.

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