13th GIL NATIONAL MOOT COURT COMPETITION, 2023
MOOT PROPOSITION
The Republic of Akhand Bharat1 is an independent ‘Union of States'. It consists of 28 states and 8
Union Territories. The diversity in cultural aspects like religion, language, traditions, etc. is truly
a remarkable feature. Taking inspiration from the constitutions of the major democracies in the
world, the Constitution of Akhand Bharat was wisely drafted by the members of its Constituent
Assembly. Democracy, Equality, and Secularism are the essences of the Constitution.
Chanchal Sharma is a seasoned debater and official spokesperson of ‘X’ party which has a majority
at the Centre. She is well-admired by her supporters for her fiery and provocative style of debating.
It is often alleged that the ideology of the ‘X’ party is deeply embedded in hatred for a minority
religion ‘Y’. One fine day, she was invited to a leading News Channel for a debate on a religiously
sensitive issue. During the debate, she got into verbal altercation with the cleric of Religion ‘Y’.
In heat of the moment, she targeted the God of the religion ‘Y’ and used very unpleasant language
against him.
In a few hours, a short clip of that video got viral. The followers of religion ‘Y’ were furious with
the insult of their God. Resultantly, violent protests broke out in different parts of the country. The
protestors openly vowed to behead Chanchal Sharma for her alleged blasphemous comments about
the holy God of religion ‘Y’. Multiple FIRs were filed against her in different states. She moved
Supreme Court to club her FIRs at one Jurisdiction i.e., her home state, Indraprastha where party
‘X’ is in power. The state of Ranji has filed an intervention to oppose this application because it
may appear to the people that Central Government is trying to protect her.
The fallout was particularly intense in the State of Ranji, as the followers of Religion ‘Y’ are in
overwhelming majority there. The rampaging crowd burnt buses and damaged public property.
The state also witnessed a new disconcerting trend in which people were seen openly parading
with guns, especially the youth. To reassure the population of the State, Ranji State Legislative
assembly passed an amendment in Section 295A of the Akhand Bharat Penal Code, increasing the
quantum of punishment. The amended section provides for the punishment that shall not be less
than 10 years that may extend life imprisonment for the offense of blasphemy as defined under
section 295A of the code. Subsequently, it got the assent of the President according to Art. 254 of
1
The constitutional, legal, political and social structure of Akhand Bharat is pari-materia to India.
13th GIL NATIONAL MOOT COURT COMPETITION, 2023
the constitution. A social welfare organization by the name of Freedom from Religion has
challenged this law in the Supreme Court of Akhand Bharat on the ground that the law of
blasphemy itself violates freedom of speech and expression under Art. 19 of the constitution of
Akhand Bharat and now enhancement of the punishment makes it a draconian law. Therefore, it
is liable to be struck down. At the same time, the State Government of Ranji took some measures
in order to arrest the growth of Gun Culture in the state. Ranji state government has issued a
Notification.
Notification No. 42/2023
“In order to maintain law and order in the State of Ranji, the government of Ranji directs that
there must be a complete ban on songs or movies which eulogize gun culture in any manner.”
Ranji Entertainment Association has moved the High Court of Ranji, against this notification,
arguing that the state government has failed to maintain law and order in the state, and now it is
passing the buck on the entertainment industry, which is not responsible for the rise of gun culture.
Moreover, it is not only that Pollywood industry makes such songs and movies but Bollywood,
Hollywood, Tollywood, and other regional cinema also thrive on songs and movies glorifying gun
culture, outlaws, vigilante justice, etc. The High Court has rejected their arguments and
subsequently, dismissed their petition, aggrieved by the same they have approached the Hon’ble
SC.
Taking cognizance of the same, Chief Justice of Akhand Bharat has decided to club these matters
and has framed the following questions:
1. Whether the multiple FIRs filed against Chanchal Sharma in different jurisdictions
should be clubbed at one jurisdiction of her choice or not?
2. Whether Section 295A of Akhand Bharat Penal Code is constitutionally valid or not?
If yes, whether the enhancement of the punishment under section 295A by the State
of Ranji is reasonable or not?
3. Whether the ban imposed by State of Ranji on entertainment industry vide
Notification No. 42/2023 is constitutionally valid or not?2
2
Parties from both the sides can draft their arguments in the context of ‘State of Punjab’.