2024 NLIU Annual Freshers' Moot Pool Tournament PDF

MOOT COURT ASSOCIATION NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL 24TH NLIU ANNUAL FRESHERS’ MOOT POOL TOURNAMENT, 2024 MOOT PROPOSITION This moot proposition has been authored by Mr. Aniket Nighojkar and Mr. Kaustubh Patil (Batch o...

MOOT COURT ASSOCIATION NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL 24TH NLIU ANNUAL FRESHERS’ MOOT POOL TOURNAMENT, 2024 MOOT PROPOSITION This moot proposition has been authored by Mr. Aniket Nighojkar and Mr. Kaustubh Patil (Batch of 2025). Note: Teams are strictly prohibited from contacting the drafters in relation to this Pool Selections directly or indirectly. The MCA reserves the right to take an appropriate action, including disqualification and/or debarring the participating student found engaging in such conduct.  24th NLIU Annual Freshers’ Moot Pool Tournament 1. Union of Parmaland is a Sovereign Socialist Secular Democratic Republic in the continent of Amesia. The country has a rich legacy of more than a century and was accorded the Status of the Golden Bird since ancient times. However, it was only after the freedom struggle led by the father of the Nation, Roompesh Maliya in the year 1947 that the nation was able to secure freedom from foreign rule which ultimately led to the removal of the colonial forces of the Country of Wamnefell. 2. Union of Parmaland is a constitutional republic with a written constitution which has shared values and mutual respect towards the supremacy of the Constitution.1 3. The population of Parmaland comprises of diverse religious and ethnic groups. Jenaism is a polythestic religion which preaches the ideology of ahimsa i.e. nonviolence. The followers of Jenaism are called as Jenaists. The Jenaists form the majority of the population and which are religious people who only eat vegetarian food and practice nature worship. Their religion preaches worship of natural elements and they have deities representing every element of the nature which is worshipped by different clans in the religion. Cow, goat, trees, water, mountains, etc. are considered holy by them. 60% of the population of Parmaland are Jenaists. 4. Jakharism, which is a monothestic religion is followed by 30% of the population of Parmaland. The followers of the religion are called as Jakharians who are extremely pious in their religious practice and also believe in peace and purity of the soul. The religion promotes the concept of Dawat, which is a feast comprising of meat, beef and various other animal-based foods. The religion also preaches the concept of ‘Balli’ which is the sacrifice of animals to please their god. Parmaland was the 10th largest producer of meat-based products in the world. The meat export industry was primarily dominated by the Jakharians. 5. Vaish Pradesh is the most populated state in Parmaland. In the State of Vaish Pradesh, there have been multiple clashes between the members of both the religion. The Jenaists abhorred the Jakharians for their meat-eating and animal-harming practices. Over the years, there have been many riots and altercations between the two groups even leading to violent clashes. 6. However, eventually, there was peace established in the state and people from both the religion lived harmoniously together. However, the Jenaists wanted their society to be free from the foul smell of non-veg food and tried to outcast the Jakharians due to their meat-eating and animal harming practices. 7. In the year 1991, the Union of Parmaland changed its economic policy and opened its market to the world. The government introduced its new economic policy which followed the principles of 1 The Constitution of Parmaland is pari materia to the Constitution of India and the laws interpreted by the Supreme Court of India are regarded in a very high value by the Courts of the Union of Parmaland. 1  24th NLIU Annual Freshers’ Moot Pool Tournament globalisation, privatisation and liberalization. After the new policy, the economic growth of the country improved manifold. Multiple industries were set up and the manufacturing sector started booming. The meat export industry grew manifolds and making the export house owners some of the richest and most influential people in the country. 8. The increased urbanization and industrialization also affected the environment and the country became the top global polluter. Multiple activists including Anwes Thurnburg, one of the most prominent advocates of environmental rights criticized the nation for its carbon emission and pollution. 9. The Union of Parmaland recognizing its obligation to the environment passed and implemented multiple legislations to curb the carbon emissions and imposed high penalties on industries which caused pollution. The pollution caused by the industries was to an extent moderated, yet the country was still in the list of top 10 countries with the highest greenhouse emission list. 10. In 1993, the Union of Parmaland also became a party to the United Nations Framework on Climate Change. Pursuant to this, the parliament of Parmaland passed its own, Climate Change (Prevention and Protection) Act, 2022 to curb the effects of climate change and reduce greenhouse emissions. The Act empowered the State Government to pass any orders in order to further the objective of the act2. 11.In 2021, during the National Elections, the All Jena Rashritya Sangh (AJRS), a conservative political party which promulgated the ideology of Jenaists came into power by a democratic electoral process. The party is led by Nirash Thomas, a charismatic speaker and leader who has often made distasteful speeches against the Jakharians. The AJRTSabhorred the Jakharians and tried to outcast them from Parmaland. There have been multiple instances in the past wherein the Sangh members have targeted Jakharians leading to sporadic violence. 12.On October 2022, The United Nations Environmental Programme (UNEP) released its report titled ‘Growing greenhouse gas emissions due to meat production’ wherein it stated that meat consumption is one of the most significant contributors to greenhouse emissions leading to climate change. The grazing of cattle also caused significant deforestation leading to a further increase in greenhouse emission 13.In May 2024, The State government of Vaish Pradesh passed an order dated 15th May, 2024 under Section 5 of the Climate Change (Prevention and Protection) Act 2022. The order banned the 2 The Act has been annexed herewith as “Annexure-I” 2  24th NLIU Annual Freshers’ Moot Pool Tournament consumption, sale, storage, distribution and export of animal meat. It further made the contravention of the order punishable up to 5 years imprisonment or a fine up to Rs. 1 Crore.3 14.After the ban on meat imposed by the State Government of Vaish Pradesh, discussions began taking place in various public forums such as news outlets, print and the news gained heavy momentum which led to deliberation on the validity of the orders issued by the Government. 15.The Jakharians were agonized by the order of the Government of Vaish Pradesh as they claimed the law to be infringing on their fundamental rights and their religion. They started multiple protests by way of rallies, demonstrations, speeches and demanded the government to revoke the order. 16. Some Jenaists also started countering the protests of Jakharians by making speeches and criticizing the meat-eating practices. They promulgated and emphasized on the importance their right to a healthy environment whereas the Jakharians argued that their cultural and religious rights along with economic rights are being violated. All Lala Jakhar Sabha (ALJS), a religious organization of Jakharians filed a PIL before the Hon’ble Supreme Court challenging the validity of the order dated 15th May 2024. 17.Al Baflles is a Parmaland based Multi-National Company (MNC) with its head office in Devyanipatnam, VaishPradesh. It had multiple fast-food chains throughout the world and was also aggrieved by the Ban imposed by the State Government as its predominant business was selling meat-based dishes. Al Baffles along with three other MNC’s which were involved in the sale and export of meat-based products approached the State Government as the order would have eliminated their entire business. 18.In pursuant to the demands of the MNC’s the State Government of Vaish Pradesh decided to issue special licences to such MNC’s by levying additional climate change taxes and declaring Special Economic Zone. The licence allowed the MNC’s to only store the meat in the State, while they were prohibited from selling or producing meat in the State of Vaish Pradesh. Aggrieved by the acts of the State, Al Baffles along with the other MNC’s decided to challenge the constitutional validity of order dated 15th May, 2024 and approached the Hon’ble Supreme Court of Parmaland. 19.Devyanipatnam, is the capital of Vaish Pradesh and the city is known for its political activism and discussions of key issues of the countries. SoniBar Centre is regarded as one of the most famous Pub and café. It is well known for its affordability and the political discussions organized by it wherein various types of political issues came to be discussed. 3 The order of the government has been hereto annexed as “Annexure-II” 3  24th NLIU Annual Freshers’ Moot Pool Tournament 20.On 3rd June 2024, the discussion which was usually civil and peaceful took a violent turn when one, Mr.Amaan Palkhiwal , a religious activist Jakharism and a member of the Jakhar league, a religious organization of Jenaits started condemning the decision of the government.. The aforementioned argument reignited the debate between ban of meat consumption and thereafter took a violent turn outside Soni Bar Centre which led to affray being caused in the bar. During the violent clash, one intoxicated person named Harshesh Kumar hit Mr Amaan Palkhiwalaon the head with a glass bottle, leading to his serious injuries. Multiple other persons were also severely hurt. 21.The District Magistrate of Devyanipatnam, being appalled by the incident, imposed a ban on public gathering, speeches, publications and discussions on any matters pertaining to religion, food preferences, meat consumption, and culture for a period of 2 months vide order dated 5th June 20244. This ban was further extended by 3 months vide Order dated 5th August 2024. The Jakhar League, filed a PIL before the Hon’ble Supreme Court of Parmaland challenging the order dated 5th June 2024 alleging that the ban restricts their right to free speech and expression. 22.On 17th July 2024, Priyamasur, a widely acclaimed author who belonged to the religion of Jenaism published a book titled ‘Religious Environment’ which entailed the concept of treating nature and all its elements as deities, it promoted the worship of animals and further highlighted the harms of meat-eating. Priyamasur also critiqued all the existing religious practices including those of Jakharians. The book was not allowed to be circulated in the District of Devyanipatnamby the mandate of the order of the D.M. dated 5th June 2024. 23.Aggrieved by the same Priyamasur moved to the Hon’ble Supreme Court of Parmaland seeking removal of ban contending violation of freedom of speech and expression. Priyamasur argued that the ban disallowed him to publish and promulgate his view on the matter and has affected his right to free speech and expression. 24.The Supreme Court of Parmaland clubbed the 4 matters together and have posted them for hearing on 22nd October, 2024. The Court framed the following issues for consideration. I. Whether the writ petition filed by the Petitioners are maintainable before the Hon’ble Supreme Court? II. Whether the order of the State Government of Vaish Pradesh dated 15th May, 2024 is violative of the Part III of the Constitution of Parmaland? 4 The order of the DM has been hereto annexed as “Annexure-III” 4 24th NLIU Annual Freshers’ Moot Pool Tournament III. Whether the order of District Magistrate, Devyanipatnam dated 5th June, 2024 is violative of the Part III of the Constitution of Parmaland? IV. Whether the State Government of Vaish Pradesh exceeded the powers delegated to it by the Climate Change (Prevention & Protection) Act 2022? 5  ANNEXURE-I THE CLIMATE CHANGE (PREVENTION & PROTECTION) ACT, 2022 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS 1. Short title and extent 2. Definitions CHAPTER II PREVENTION AND MITIGATION OF CLIMATE CHANGE 3. Duties of Central and State Governments CHAPTER III PENAL PROVISIONS 4. Offenses and Penalties CHAPTER IV DELEGATED LEGISLATION 5. Power to Make Rules CHAPTER V MISCELLANEOUS 6. Power to Remove Difficulties 7. Repeal and Savings 6  ANNEXURE-I THE CLIMATE CHANGE (PREVENTION & PROTECTION) ACT, 2022 [21st December, 2022.] WHEREAS it is expedient to provide for the prevention, mitigation, and adaptation to the impacts of climate change, to protect the environment, human health, and natural resources, and to promote sustainable development; BE IT ENACTED by the Parliament in the Seventy-Fifth Year of the Republic of Parmaland as follows: ― CHAPTER I PRELIMINARY 1. Short title, extent and commencement. ―(1) This Act may be called the Climate Change (Prevention & Protection) Act, 2022. (2) It extends to the whole of Parmaland. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. Definitions. ―In this Act, unless the context otherwise requires, ― (a) "Climate change" refers to a change of climate that is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and that is in addition to natural climate variability observed over comparable time periods. (b) "State Government" means the government of a state in Parmaland. (c) "Central Government" means the government of Parmaland. CHAPTER II PREVENTION AND MITIGATION OF CLIMATE CHANGE 3. Duties of Central and State Governments ―(1) The Central Government or the State Government shall take measures to formulate and implement policies and rules to prevent and mitigate climate change. (2) The State Governments shall have the power to enforce the policies and guidelines formulated under this Act and may pass any order or notification or make rules as necessary for its implementation. CHAPTER III PENAL PROVISIONS 4. Offenses and Penalties―(1) Any person or entity found to be in violation of the 7  ANNEXURE-I provisions of this Act or any rules, orders, or notifications issued thereunder shall be liable to: ― (a) A fine which may extend to Rs. 10 Crore for the first offence. (b) Imprisonment for a term which may extend to three years, or with a fine, or both for subsequent offences. (2) Any person or entity causing substantial harm to the environment or contributing to climate change shall be liable to an additional fine, which may extend to Rs. 100 Crores and/or imprisonment for a term which may extend to 5 years. CHAPTER IV DELEGATED LEGISLATION 5. Power to Make Rules―(1) The State Governments or the Central Government may, by notification in the Official Gazette, make rules or pass any order for carrying out the purposes of this Act. (2) Such rules or orders may provide for: (a) The regulation of activities contributing to climate change (b) Measures for promoting renewable energy and sustainable practices. (c) Penalties for non-compliance with the provisions of this Act or rules made thereunder. CHAPTER V MISCELLANEOUS 6. Power to Remove Difficulties― If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, make such provisions not inconsistent with the purposes of this Act, as may appear necessary for removing the difficulty. 7. Repeal and Savings―( (1) Any law inconsistent with the provisions of this Act shall, to the extent of such inconsistency, be deemed to have been repealed. (2) Notwithstanding such repeal, anything done or any action taken under the repealed law shall be deemed to have been done or taken under the corresponding provisions of this Act. 8  ANNEXURE-II GOVERNMENT OF VAISH PRADESH LAW AND LEGISLATIVE AFFAIRS, DEPARTMENT TOMARNAGAR DISTRICT, DEVYANIPATNAM No. J-1442 Dtd. 15.05.2024 EXECUTIVE ORDER WHEREAS the Climate Change (Prevention & Protection) Act, 2022 was enacted by the Parliament in the Seventy-Five Year of the Republic of Parmaland. AND, Whereas the United Nations Environment Programme in its report titled “Growing greenhouse gas emission due to meat production” has brought considerable attention towards growing greenhouse emission. AND, Whereas it has been brought to the notice of the undersigned that rules are necessary to be promulgated for regulation of activities contributing to climate change. THEREFORE, it is hereby notified that the consumption, sale, storage, distribution and export of animal meat in the State of VaishPradesh is hereby banned. Be it be notified that the contravention of the order would be punishable up to 5 years of rigorous imprisonment or a fine which may be extended up to Rs. 1 Crore. The violators of this order shall also be booked under appropriate provisions of law including the Parmaland Penal Code. The order will come in to force immediately and will continue till further orders. 9  ANNEXURE-II By order and in the name of the Governor of Vaish Pradesh (Skeet Mehrotra) Principal Secretary Law and Legislative Affairs Department F. No. 2770. 21-B(II) Copy forward to: 1. The Secretary to the Government of Vaish Pradesh. 2. The Registrar General, (Judicial)- Supreme Court of Parmaland, Devyanipatnam. 3. The Registrar General, Vaish Pradesh High Court, Devyanipatnam. 4. The Advocate General, Vaish Pradesh. 5. The Accountant General, Vaish Pradesh. 6. Establishment Section/ Budget Section/ Criminal Section/Civil Section/ Petition Section of Law and Legislative Affairs Department. 7. I.T. Cell, Law Department For necessary information and action (Ballipreet Singh) Additional Secretary Law and Legislative Affairs Department 10  ANNEXURE-III GOVERNMENT OF VAISHPRADESH OFFICE OF THE DISTRICT MAGISTRATE, DEVYANIPATNAM D.M. No. J-1443 Dtd. 05.06.2024 ORDER WHEREAS, it has been brought to the notice of the undersigned that violence and religious tensions, and a state of turbulence has been noticed in the District of Devyanipatnam. It is hereby notified that public gatherings, speeches, publications, discussions and circulation on any matters pertaining to religion, food preferences, meat consumption, and culture are hereby prohibited for a period of 2 month. Any contravention of the aforesaid order shall be punishable under appropriate provisions of law including Section 188 of the Parmaland Penal Code. The order will come in to force with immediate effect and will continue till further orders. Issued under my hand and seal of this court on this 5th day of June, 2024. (Shvenez Nenadoor ) District Magistrate, Devyanipatnam 11  ANNEXURE-III F. No. 2770. 22-B(II) Copy forward to: 1. The Secretary to HE, The Governor of Vaish Pradesh for information. 2. The Secretary to HCM, Government of Vaish Pradesh for information. 3. The Under Secretary to Chief Secretary, Government of Vaish Pradesh for information. 4. The Commissioner of Police, Devyanipatnam. 5. The Superintendent of Police, Devyanipatnam. 6. The Station House Officer, Tomarnagar, Devyanipatnam. 7. Office copy. (Shvenez Nenadoor) District Magistrate, Tomarnagar 12