5TH INTRA-MOOT COURT COMPETITION – 2010

MOOT PROPOSITION

“Bangi Baba World” is a Non-Governmental Organization, registered in the year 1999, under the
Societies Registration Act, in the territory of Republic of Mava, whose Constitution is similar to that of
the Indian Constitution. Republic of Mava, a country known for its oldest tradition of devotional and
spiritual values. ‘Bangi Baba World’ is a Society which was established by ‘Bangi Baba’ who acquired his
own renowned popularity in the twentieth century by his peculiar preaching and practices. He believed
in free world and never campaigned against any religion. He preached the followers to retain their
religion and its practices in which they believe and one has to be free of all physical wants to achieve
Moksha. ‘Help Human Being and God will help you in your needs’ is the slogan always the Bangi Baba
recites in his every meeting with the public.

In short span of time, he acquired the reverence of the population from all spheres of world especially
the population belonging to the age group between eighteen to forty five years. After accumulation of a
considerable amount of funding from the population, Bangi Baba established the aforementioned
Organization, ‘Bangi Baba World’. ‘Bangi Baba World’ was established with an aim of providing aid to
the humans belonging to all countries of the world, The NGO enacted an Act for the regulation of the
affairs of the Organization i.e., “Bangi Baba World Act, 2000. The objective behind establishment of the
Organization as prescribed in its Act, 2000 “is to provide psychological, spiritual, religious & moral
support to the humans aged between eighteen to forty five years of age, who are depressed &
suppressed due to their societal habitation”.

The Organization invites the humans of all the countries of the world belonging to any religion, who are
in need of psychological, spiritual, religious & moral support due to the depression or suppression of
their personality or beliefs by the society and also for those who want to renounce the physical world
for attaining spiritual goals. The ‘Bangi Baba World’ is a secular Organization not having its own religion.
It supports all the religions in the world and also developed its own practices with the name ‘Bangi Baba
race’ which allows the followers to profess their own religion or the religion in which they believe and
also practice the customs and practices of ‘Bangi Baba race’. Every human being who is willing to join
the Organization has to fill the Form – I given in annexure and has to sign the Undertaking.

An enormous response was there for the Organization from all over the world. Organization increased
its strength of population from one hundred to twenty thousand people from different countries in its
short age but the major chunk of Bangi Baba World population was the citizens of Republic of Mava.
‘Bangi Baba World’ acquired thousand acres of land near a world famous religious place caleed
Bankarta, belonging to Changivaja State belonging to Republic of Mava. The village was named as
‘Bangi Baba Sanskriti’ and it is mandatory for all the members of the ‘Bangi Baba World’ to reside in that
village. The village doesn’t have any connections with the outer world and especially the members can
move out of the village only once they relinquished the membership of the Organization. Bangi Baba
world prides itself on its diverse population.

The ‘Bangi Baba World Village’ is a host of diverse sub-organizations within the ‘Bangi Baba Sanskriti’
which are Hindu Praja , Muslim Historians, Christian Crusaders, Parsi Bhagavans, Jews Gods, Gay’s
Goldies, Atheism Rocks, Lesbian Boxers, Yogi Pungavs and Bangi Baba Aficionada etc., Each sub-
organization developed its own Charter wherein Hindu Praja, Muslim Historians, Christian Crusaders are
the sub-organization who believe in religion and free to practice religious rituals in the ‘Bangi Baba
Sanskriti’. Similarly, the Christian Crusaders, Parsi Bhagavans, Jews Gods also has freedom to practice
any religion which they believe and also to adopt any lifestyle. In case of Gay’s Goldies, Atheism Rocks,
Lesbian Boxers, Yogi Pungavs, they are free to believe their own faith and also has freedom to practice
their own beliefs about their life style.

Bangi Baba Aficionada is a sub-organization where in the members can practice their religion which
they believe and profess and their own beliefs about their life style and also the preachings and
practices of ‘Bangi Baba’ who believed in free society. The belief of the Bangi Baba Aficionada is that
the sexual wants and physical wants are obstacles for the attainment of Moksha and one has to acquire
full satisfaction of sexual/physical wants by enjoying without limits. Once the human being achieves the
fullest satisfaction of sexual/physical wants, his thoughts will turn to the path of attaining Moksha. The
members of this Organization are free to have sex/any physical wants with any counterpart male/female
with permission and without damaging the other members’ rights/interest. The Bangi Baba Aficionada
provides that membership is open to all the members of the ‘Bangi Baba World’ whose stated mission is
to ‘spread the path of attainment of Moksha’.

To Join the Bangi Baba Aficionada, a member of the ‘Bangi Baba World’ must take an oath confirming
his/her belief that, according to the edicts of the ‘Bangi Baba Culture’, sex is an hurdle for attaining
Moksha and he/she is ready to practice the path of Bangi Baba Aficionada to achieve freedom from
sexual/physical wants by enjoying it the extent of feeling vexation without affecting the rights/interests
of the other members of the ‘Bangi Baba World’. The other sub-organizations are not having any prior
requisite condition for the new joinees like Bangi Baba Aficionada. The members of the ‘Bangi Baba
World’ are free to join any sub-organization and also free to change their membership to any other sub-
organization at any time but a member can become member of only one sub-organization at a time.
There is a chance for the member of the ‘Bangi Baba World’ to lead an independent life without
becoming member of any sub-organization also.

The Bangi Baba World has its own in-house Journal named ‘Bangi Baba : The Voice of Members’ which is
a weekly publication wherein any member can express his/her views through writings with the
permission of the editorial board which consists of two members each from each sub-organization. The
Bangi Baba Aficionada general meetings are open to all students including non-members, but only
members may vote and/or be elected as officiers. Sometimes, the Bangi Baba Aficionada calls special
members-only meetings. ‘Bangi Baba World’ has a policy forbidding discrimination based on ‘religion,
race, national origin, ancestry, disability, age, gender or sexual orientation’ in all its sub-organizations
and programmes and also promoting voluntary & assures the members free choice of joining any sub-
organization of their choice without any physical hurdles.

During 2007-2008, one member from Muslim Historians, Mr. Aliahuruddin Baxiton, published his
writings against The Bangi Baba Aficionada in the in-house Journal critizing about practicing free sex in
the lime light of achieving Moksha. Mr. Baxiton, frequently argued that free sex is not a way to free
from sexual want and The Bangi baba Aficionada should ban that practice because membership
requirement violated the ‘Bangi Baba World’ policy against discrimination. Mr.Aliahuruddin Baxiton’s
views were supported majorly by Hindu Praja, Muslim Historians, Christian Crusaders, Yogi Pungavs.
The positive feedback he received from his writings inspired him to organize protests whenever the
Bangi Baba Aficionada held a meeting or conducted events in ‘Bangi Baba Sanskriti’. The movement
spearheaded by Mr.Aliahuruddin Baxiton deeply angered the members of the Bangi baba Aficionada.
While aware of the growing conflict between the Mr.Aliahuruddin Baxiton and his followers and the
members of the Bangi Baba Aficionada sub-organization, the Bangi Baba World administration declined
to take any action as no violence had ever erupted and they felt that such confrontations were
inevitable in a diverse and open intellectual environment to find spiritual way out by removing hurdles.

The members of the Bangi Baba Aficionada were protesting continuously against the writings of
Mr.Aliahuruddin Baxiton and started protesting against his writings. The escalated protests against the
Bangi Baba Aficionada ignited their dedication towards their belief and became more committed to
spreading their message than ever before. On 25th February, 2009, when the Public meeting of Bangi
Baba Aficionada, sub-organization was organized, they saw the followers of Mr.Aliahuruddin Baxiton
picketing with slogans with signs that read, “All free sexual go to hell”, “God sin the devils of free sex”,
“God Condemns Saitan of sexual desire’, and ‘all free sex wanters burn in hell’.

In an effort to counteract the negative publicity that resulted from the protest, on 10th February, 2010,
‘Bangi Baba World’ rescinded The Bangi Baba Aficionada sub-organization and ordered the members of
the Bangi Baba Aficionada to join any other sub-organization or to remain independent member. The
‘Bangi Baba World’ administrators stated the action was necessary because “The Bangi Baba Aficionada”
membership requirements operate to systematically affect the religious interests of the other sub-
organizations, which contravenes The Bangi Baba World’s antidiscrimination policy and free choice
without physical hurdles assurance policy. The Bangi Baba World never before rescinded any sub-
organization. Many members of the Bangi Baba Aficionada, left the ‘Bangi Baba World’ and were not
able to survive in the outer world due to their peculiar beliefs and again came back to join the “Bangi
Baba World” and were welcomed by the Organization since there is no restriction about re-joining. No
other member belonging to other sub-organization tried to discriminate or create any mental
harassment of any member of Bangi baba Aficionada. Mr. Raxon Dachten, a member of the Bangi Baba
Aficionada, tried to live as an independent member in the ‘Bangi Baba Sanskriti’ but was unable to live
out of his belief. He was also not able to move out of the “Bangi Baba World” and remained there. But
on 1st April, 2010, he moved out of the “Bangi Baba World”. He lost his psychological balance because
of the impact of the aforesaid consequence and as per the medical report, the chances of recovery are
very less. On 19th August, 2010, the parents of Mr.Raxon Dachten, filed a writ petition in the Supreme
Court against the “Bangi Baba World”, its sub-organizations and Mr.Aliahuruddin Baxiton for the
violation of Art.21, right to life of his son which includes protection against invasion of privacy by
intrusion upon seclusion and also for intentional infliction of emotional distress. Mr. Aliahuruddin
sought damages for the ‘devastating and irreversible’ impact of the other sub-organizations of “Bangi
Baba World” especially Mr.Aliahuruddin’s writings, words and actions on his religious beliefs. He alleged
that the words on the signs were ‘forever implanted in his mind’, and would torture him for the rest of
his life by affecting his religious practice. He also argued that by rescinding The “Bangi Baba Aficionada”
a sub-organization of Bangi Baba World, the Organization violated their right to expressive association,
free speech, free exercise of religion and equal protection of law. The “Bangi Baba World” contended
that the complaint arguing that it is antidiscrimination policy justified dissolving the sub-organization.
Mr.Aliahuruddin argued that they actions were protected from the freedom of speech guaranteed by
Constitution of Republic of Mava. Argue by identifying the issues.
 Annexure

Form – I for the New Joinees to the ‘Bangi Baba World’ Village

1. Name of the human being :

2. Name of the Father/Mother/Guardian :
3. Religion :
4. Social Status (Married/Unmarried) :
5. Country belonging to :
(In case of foreigner attach the details
of passport, visa and other related
documents) :
6. Permanent Address :
7. Temporary Address :
8. Contact address in case of Emergency :
9. Area of support :
10. Brief description of the problem
a. Psychological :
b. Spiritual :
c. Religious :
d. Moral :
11. Expectations from the
‘Bangi Baba World’ :

12. Are you interested in joining

‘Bangi Baba race’ (Yes/No) :
13. Reasons if any (Optional) :

Undertaking

I ………………………….., without any influence/threat accept that I am fully aware of the practices and the
culture of the ‘Bangi Baba World’ and voluntarily accepting to live in the Bangi Baba Village i.e., “Bangi
Baba Sanskriti’ with full faith and worship. I am herewith submitting myself to the regulations provided
in the Bangi Baba World Act, 2000 from the first day & first minute of entrance into the village to the last
day & last minute of my departure from the village.

I ……………………………, without any influence/threat accepting the condition that I will not move out of the
‘Bangi Baba Sanskriti’ during my membership and I am fully aware that any violation of the aforesaid
rule may lead to the cancellation of my membership in the ‘Bangi Baba World Organization’

The above said facts & funished details of true to my knowledge and belief and I am herewith signing
the undertaking with my free choice without any influence and with full consciousness physically and
mentally.
Date: -Sd/-

Place: (Name of the human being)