MOOT PROPOSITION 'B'

22ND M.C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL 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 primeministerial 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 Hinds growth rate. On May 31st, 2015, Om-Chai announced that June
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 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, 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
MSGs 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 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 specific 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 21st 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
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MOOT PROPOSITION 'B'

22ND M. C. CHAGLA MEMORIAL 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 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 LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2015

16.

The Honble Supreme Court clubbed the matters and are now scheduled for final
hearing on all aspects. The laws of Hind are pari materia to the laws of India.

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