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    Intra-Moot Problem

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    Pankaj Bhanwra
    Kamla Mehta, a politician and actor, was charged with sedition under Section 124A of Indiva's Penal Code for comments made on social media about Bangistan. Lamnesty International and a university student group president were also charged with sedition for campaigns and protests criticizing the Indivan government. All three parties challenged the constitutionality of Section 124A, arguing it violates freedom of speech and expression under Article 19(1)(a) of the Indivan Constitution. The case was placed before the Supreme Court of Indiva to determine if Section 124A infringes on fundamental rights protected by Articles 19(1)(a), 19(2), and 21 of the Constitution regarding freedom of speech, restrictions on such freedom

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    Intra-Moot Problem

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    Pankaj Bhanwra
    175 views2 pages
    Kamla Mehta, a politician and actor, was charged with sedition under Section 124A of Indiva's Penal Code for comments made on social media about Bangistan. Lamnesty International and a university student group president were also charged with sedition for campaigns and protests criticizing the Indivan government. All three parties challenged the constitutionality of Section 124A, arguing it violates freedom of speech and expression under Article 19(1)(a) of the Indivan Constitution. The case was placed before the Supreme Court of Indiva to determine if Section 124A infringes on fundamental rights protected by Articles 19(1)(a), 19(2), and 21 of the Constitution regarding freedom of speech, restrictions on such freedom

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    Kamla Mehta, a politician and actor, was charged with sedition under Section 124A of Indiva's Penal Code for comments made on social media about Bangistan. Lamnesty International and a university student group president were also charged with sedition for campaigns and protests criticizing the Indivan government. All three parties challenged the constitutionality of Section 124A, arguing it violates freedom of speech and expression under Article 19(1)(a) of the Indivan Constitution. The case was placed before the Supreme Court of Indiva to determine if Section 124A infringes on fundamental rights protected by Articles 19(1)(a), 19(2), and 21 of the Constitution regarding freedom of speech, restrictions on such freedom

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    175 views2 pages

    Intra-Moot Problem

    Uploaded by

    Pankaj Bhanwra
    Kamla Mehta, a politician and actor, was charged with sedition under Section 124A of Indiva's Penal Code for comments made on social media about Bangistan. Lamnesty International and a university student group president were also charged with sedition for campaigns and protests criticizing the Indivan government. All three parties challenged the constitutionality of Section 124A, arguing it violates freedom of speech and expression under Article 19(1)(a) of the Indivan Constitution. The case was placed before the Supreme Court of Indiva to determine if Section 124A infringes on fundamental rights protected by Articles 19(1)(a), 19(2), and 21 of the Constitution regarding freedom of speech, restrictions on such freedom

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    Moot Problem

    Indiva is a small developing country where the freedom of speech and


    expression is guaranteed as a fundamental right under the Constitution of
    Indiva. Bangistan is the neighbouring country of Indiva. However, in last few
    months there have been various instances where freedom of speech and
    expression has come under the scanner in Indiva.

    Mr. Pappu Yadav filed a criminal case under section 124A of IPC (Indiva Penal
    Code) against Kamla Mehta, an actor-politician who is a member of the Indiva
    National Party, the largest opposition party for her comment on social media
    “Minister Mohan Singh said that „going to Bangistan is like going to hell‟. It is
    nothing like that. People there are just like us and there is no difference. They
    treated us very well”. On the receipt of the complaint, summons was issued
    against Kamla Mehta. Kamla Mehta being aggrieved by these summons
    challenged the constitutionality of Sections 124A of the IPC stating it to be
    violative of Article 19(1) (a) of the Constitution of Indiva before the Supreme
    Court of Indiva.

    Lamnesty International, an NGO, conducted a campaign named “Broken


    Families of Vienna” (Vienna being a state of Indiva) where they talked about
    the human rights violations by Indiva Army on the people of Vienna and invited
    the victims of these violations to speak. During the debate the Indiva Peoples
    Party (IPP, which is the ruling party) was heavily criticized for its inaction.
    Moreover at the end of the program the debate got heated and there were heard
    some anti-Indiva slogans.

    Democratic Students Union (DSU) held protests on the hanging of Faizal Khan
    convicted of terror attack on the parliament of Indiva on the campus of Murli
    Sankar University for which the permission was refused by the University.
    Anti-Indiva Slogans and slogans to overthrow the government were raised in
    the event. A complaint was filed against Raju Kumar the President of DSU for
    the charges of Sedition. The disciplinary committee of the university
    investigated the matter to find that the slogans were raised by a group of
    outsiders wearing masks.

    All Indiva Student Organization (AISO) a student body associated with Indiva
    Peoples Party (IPP), was responsible for filing the complaint against Lamnesty
    International and Raju Kumar under section 124A of the IPC.
    National Crime Records Bureau in its report stated that in 2014 as many as 47
    cases of sedition were filed leading to the arrest of 58 people and there has been
    an alarming increase in the cases in 2015. In 2016 as many as 21 cases have
    been filed.

    Kamla Mehta, Lamnesty Interntaional and Raju Kumar filed a PIL challenging
    the validity of Section 124A as being violative of Article 19(1)(a) and Article
    21.

    As all the above issues concerns interpretation of Article 19(1) (a), 19(2) and 21
    of Indiva Constitution it was placed before a Special Bench of the Supreme
    Court of Indiva to decide.

    Issues:

    1. Whether Section 124A of IPC infringes the fundamental right of freedom of


    speech and expression enshrined under Article 19(1) (a) of the Constitution?

    2. Whether the people enjoy unfettered right to freedom of speech and


    expression?

    3. Whether someone who advocates the use of violence to overthrow the


    government is entitled to protection under Art. 19(1)(a)? Does a harsh criticism
    of the government amount to an act that undermines the security of the state or a
    disruption of public order to make a case under Section 124A?

    4. Whether Sections 124A of IPC infringes the fundamental right to life and
    liberty enshrined under Article 21 of the Constitution?

    Note: The laws of Indiva are in parity with Indian Laws.

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