Vous êtes sur la page 1sur 2

MOOT PROPOSITION

(1). Chanakya, a country in the southern part of Asia, is a multilingual state rich in
cultural diversity. After independence from Butish Raj, it has adopted a Constitution with
secularism and socialism engraved in its roots. The Constitution aims to promote Justice,
Equality, Fraternity, Unity and Integrity amongst the citizens of Chanakya. The
Constitution is divided into several parts and Part III of the Constitution grants
fundamental rights to the people of Chanakya. Though the fundamental rights are the
soul of the Constitution yet, it comes with certain reasonable restrictions, which has been
intentionally inserted by the framers of the Constitution to strike a balance between social
interest and individual interest. Even after being a state with diverse tradition and culture,
the feeling of nationalism has always been a meeting point for the sentiments of the
people. Constitution is the grundnorm from which all the other laws derive their
authority. Chanakya was a democratic nation with Bhoomi Jai Party (BJP) in power.
(2). There were two major religions in the state of Chanakya ie. Sanatan and Mahmud.
They had their distinct customs and practices. The State of Chanakya was a Sanatan
dominated state and Mamuds were in minority. There were various traditional practices
followed by both the religions, which at times went contrast to one another. One of the
several practices incudes cow slaughtering by Mahmuds, which was strictly prohibited
by the Sanatan dharma.
(3). Recently, there has been a great hue and cry in the country when the state of Uttam
Pradesh has passed a law on beef ban i.e. Consumption of Beef (Prohibition) Act,
2018. Instead of receiving so many criticisms the Parliament has also passed a bill on
beef ban in Lok Sabha, which is yet to be passed by the Rajya Sabha.
(4). The Justice National University [JNU] is a University in the capital of Chanakya ie.
Dili. It has been one of the most age old and prestigious Universities of Chanakya and
is majorly funded by the Central Government. The student body of the University has
been very active towards political scenario of the nation and the socio-political
environment of the University has been affecting the Socio-political environment of the
nation to a very large extent.
(5). Krishna Kumar was the President of the students’ Union of JNU with an influencing
personality and was an aspiring political leader of Chanakya. He was having close
links with prime faces of the Opposition party i.e. Indian Secular Party (ISP). Krishna

page no. 1
Kumar had a distict aura with which he could easily sway the minds of the students of
JNU.
(6). Krishna Kumar who was deeply agitated by the bill regarding prohibition of eating of
beef called a huge public gathering outside the JNU campus to protest against the idea of
beef ban. He addressed the crowd by his words;
“Secularism is in the veins of the nation and adoption of such laws by the government will
push the country towards self annihilation. This law is a zenith of irrationality. The Prime
Minister who could not handle his family is talking about handling the whole nation. He is a
proof of failure in his personal fronts. His rhetoric speeches are never going to feed the
poverty of nation. His empty speeches are creating echo, which has now become a noise.
The state, instead of becoming a provider has become a prohibitor. Such laws are showing
immaturity of the nation. It is piercing the soul of the Constitution and the only aid for such
wound is secularism. These bestial devotees of religion in power are trying to outrage the
modesty of constitution by making such laws. Integrity of the nation is our duty and it should
not be forgotten. The only motive of this protest is to pressurize the government to put a stay
on such laws”.
(7). The post speech silence of the crowd depicted nothing but the sorrow towards the dying
ideals of the Constitution. All of a sudden, a voice penetrated the silence of the crowd by
slogans like “CHANAKYA TERE TUKDE HONGE, MILKAR RAHEGI AZAADI”. There
was a sudden outburst in the crowed with all the hatred and disaffection towards the
government. The slogans were recited again and again by the crowd that resulted in
disturbing the public order of Dili.
(8). A situation of exigency was created which was subsequently controlled by the police.
FIR was lodged against Krishna Kumar for sedition and defamation and he was subsequently
arrested for the same. Krishna Kumar went to the High Court under section 482 of Cr.P.C.
for the quashing of FIR on the grounds that he was merely exercising his fundamental right
of freedom of speech and expression.
(9). The laws of Chanakya are pari materia with the laws of India.
The issues that were framed are:
1. Whether the petition for quashing of FIR is maintainable in the Court of Law?
2. Whether the speech delivered by Krishna Kumar was seditious?
3. Whether there were any grounds of defamation under section 499 of Indian
Penal Code, 1860?
Page no. 2