MOOT PREPOSITION.

1. Aryavrat is a federal republic, known to be largest democracy, densely populated

country, with vast cultural diversity being home to variety of religion, situated in South-
East Asia which before becoming Union of Aryavrat consisted of 565 princely states
ruled by kings but under the paramountcy of Imperial rulers, which ruled the country
for 250 years. Aryavrat had been able to secure independence after a long-drawn
struggle in 1957 but this independence was not free, it came at the cost of partition of
the Nation into two parts, that is, Aryavrat and Zakistan.

2. On gaining Independence in 1957 among 565 princely states, all states were acceded to
Union of Aryavrat, but due to storming geo-political circumstances one state, Mashkir,
couldn't accede properly but with special conditions, inter alia, separate Constitution
& Separate Flag.

3. Given the geographical location of Aryavrat, it is surrounded by three neighbouring

countries Saina in the North, Zakistan in the West and Mangladesh (which used to be
East-Zakistan till 1981). Among three neighbours, Saina has imperial ideology where
it intends to have political and economic dominance in the region, and is all whether
ally country of Zakistan, having funded heavily to the same.

4. Despite funding, Zakistan’s economy kept falling. On the contrary, Zakistan, in the past
few years had been condemned by International Community for rising infiltrations in
the neighbouring countries, harbouring terrorism and funding in the same, causing
major disturbance in regions especially in Aryavrat, particularly in Mashkir State, being
nearest to Zakistan border.

5. The Constitution of Aryavrat is acknowledged as world’s lengthiest Constitution which

guaranteed sacrosanct Fundamental Rights to its citizens. The Constitution also
consisted of most debatable Article 370. Later, Article 35-A included, in the year of
1964, in the Constitution having stem in Article 370.

6. By virtue of Article 370 and Art. 35A, ever since independence and conditional
accession of Mashkir to Aryavrat, it has been continuously subjected to violence by
terrorists from neighbouring countries, causing barbarism to the people living out there.
Suddenly, it was in the recent only, when demand for separate nation hiked and anti-
Aryavrat slogans were raised vehemently, even by localists, as allegedly instigated by
militants. Many soldiers have been dragged to death in ambush with locals & militants.
By reason of disturbance State of Mashkir remained specially dissociated from
mainstream. The Central Government was also targeted for its inaction in the State.
7. Aryavrat after independence was ruled by a left-wing government for 40 years after
which a coalition government ruled it. After 20 years a full majority government came
to power but was right wing, LJP (Loktantra Janta Party) after which Aryavrat
witnessed commendable economic boom and improved tranquillity.

8. As the tenure passed by, LJP being re-elected in General election, came into picture
again with a greater majority than earlier. Subsequently, LJP acquired 75% of Aryavrat
States in State elections after which it was being condemned for strictness in its policies
and polarisation hampering secularism of country, which considered to be the basic
structure of its Constitution.

9. In LJP's second term, the Union Government seeing uprisings and unrest, as promised,
scrapped Article 370 and Mashkir was unprecedently reduced to Union Territory in the
Parliament where it had acquired majority in the both Houses, in General election and
by some politically motivated moves, which attracted severe criticism from opposition
and activists. After abrogation, there in the state, a communication black out was
imposed and freedom of press was shutdown. Meanwhile, government introduced
Unlawful Activities (Prevention) Amendment Act, 2019 and got it passed from both
the Houses of Parliament and also received President' s assent for the same, which
brought major amendments in the principal Act of 1967. Noteworthy, the Act of 1967
itself had attracted criticism in the first term of government for having wide sweep.

10. The amendments in Unlawful Activities (Prevention) Act, 1967 empowered the Central
Government to designate not only an organization but also an individual as terrorist.
This magnetized criticism from opposition and activists, in the amidst of the same, the
government also brought major amendments in Right to Information Act,2005,
hereinafter referred to as RTI Act, 2005, which also ignited fire of condemnation of
government and its amendments, for cracking down the spirit of the Act.

11. Knowing the scrapping of Art. 370 by the Central Government, fiery speeches against
government move were going on, innumerable youths, feeling loss of identity and
betrayal, came on roads passionately protesting against the move of Government.
Seeing tense situation, S.144 CrPC was imposed and deployment of security personnel
was ordered. Among protestors, front seat was occupied by MLF (Mashkir Liberation
Front), an NGO for welfare of Kashmir, as said it to be whose chief Mohd. Imtiaz
became face of protest, called for state-wide band and caused road blockade,
characterized as peaceful protest.

12. For the execution of S.144 CrPC, assembly was commanded to disperse but it remain
continued. Amidst, some black masked men carrying arms were spotted, as said to be
there, stones were pelted at police officials causing severe injuries to officials and also,
anti-national slogans were shouted enthusiastically. Compelled by situation, lathi
charge was ordered, caused major injuries to some and few causalities, several youths
were detained in dark packed room for many days, no meeting, no phone call and no
 legal services were provided. After hard struggle, it came to be known that charges u/s-
121, 121A, 122, 141, 145 and 186 were slapped on Mohd. Imtiaz. Besides, he and his
organization were branded as terrorist under UAPA, 1967. And the trial began.

13. Mohd. Shahnawaz Arif, a common man, owned a small general store shop in a quite
place, which earlier didn't use to run much but in last one and half years Mohd.
Shahnawaz Arif has been able to erect a beautiful two storeyed house and recently
bought an above average bike.

14. One fine day, upon receiving information from some secret source NIA raided Mohd.
Shahnawaz's house and discovered bundles of packed currency notes which on
investigation was found that bundle consisted of few fake currency notes too. On being
asked about bike and house he did show legally approved papers that showed correct
channel of expenses and money but NIA also discovered some incriminating articles.
Mohd. Shahnawaz was detained and charges were imposed, further designated as
terrorist.

15. On being asked about charges by Mohd. Latifi, brother of Mohd. Shahnawaz, he was
mishandled by Police Officials, even by higher authorities. Finally, Mohd. Latifi was
compelled to file an RTI for knowing charges, but his application was rejected by
information officers on grounds of security of States, which, for Mohd. Latifi, is
dubious. Finally, at last after months of being detained the trial began in Sessions Court.
During the course of proceedings, it was discovered that, NIA mistakenly took Mohd.
Shahnawaz Arif instead of Mohd. Shahnawaz Ahmed, even it also surfaced that
information officer that tried to help Mohd. Latifi was suddenly transferred. During
trial validity of UAPA, 1967 was questioned. Later, suit for compensation was filed,
for loss of reputation.

16. As the matter of Mohd. Shahnawaz Arif highlighted. Eventually, Mohd. Shahnawaz
Arif met Ramavtar Kumar, a left-wing veteran opposition leader has faced criminal
charges earlier but has always got clean chit. In second term of LJP, he was charged
with disproportionate assets and the developments in his case something inappropriate
was found. During the passing of UAPA (Amendment), 2019, he vehemently opposed
the same.

17. Seeing the rising rate of designation by government, to individuals as a terrorist, Mr.
Ramavtar preferred a PIL in Supreme Court of Aryavrat challenging the UAPA, 2019
on grounds of violation of Part-III of the Constitution of Aryavrat.

18. The petition filed by Ramavtar contended that the amendments bought by Government.
are unconstitutional on the grounds that it provides an unbridled power to the Central
Govt. to designate an individual as terrorist, which has larger chances of being misused
to suppress voices of dissent and crackdown opposition, which contemplates an
intrinsic value in a democratic nation.
 19. Contesting the maintainability of PIL before the Court, Government cleared its stand
that seeing alarming terror outfits in the country and terrorism funding by neighbouring
countries it had become imperative for the government to bring such amendments and
it assured that it would not be misused in a tyrannical manner. It also contended that
even after designating an organization its members can float another organization.
Therefore, it is necessary to directly crackdown a terrorist to curb terrorism and
maintain peace.

20. An Information Officer approached Vandana Tiwari, a public enthusiast who filed a
separate PIL in Supreme Court challenging the amendments bought in RTI Act, 2005,
as unconstitutional on grounds of the amendment being violative to Part-III diluting the
autonomy that would render the Act as a toothless dog. The Central Government
maintained that such an amendment was necessary to bring uniformity and that they
are well within the Constitutional Parameter.

21. Meanwhile other matters, Ms. Somita Banerjee, an activist, filed petition challenging
the abrogation of Art. 370 as an ill-motivated move to suppress a particular community
and referred to it as ‘Constitutional Tragedy’. It was brought before the attention of the
Court that; abrogation of Art. 370 was done while there was Governor’s rule in the state
and his opinion was presumed to be citizens’ opinion. At the same time, elected
representatives of the state were house arrested, who played a vital role in separatism
& civic unrest. Besides, after abrogation, it caused gross violation of human rights by
way of communication shutdown for the past 30 days.

22. Contending the PIL, the government maintained its stand that, witnessing the constant
rising of separatism and civic unrest in the recent past, took the example of Mohd.
Imtiaz that it had become indispensable for the government to abrogate Art.370, which
according to government, had become the backbone for causing terrorism and regional
disturbances which also severely hampered the growth and development of the state.
Now when Art. 370 has been scrapped, temporary restrictions will be revoked,
development and investment will thrive.

23. On matters being taken up in the Court, the Court clubbed all the PIL matters and
referred the summed-up case to the Constitutional Bench for hearing.

DISCLAIMER: - All the names used and events described in this preposition are fictious.
Resemblance of any kind and magnitude to any name, person, organization or event is purely
co-incidental.

The Constitution and other laws of Aryavrat are in pari materia with Constitution and other
laws of India. Participants are required to draft and frame the issues and arguments from side
of Petitioners and Respondent as well.