3rd DR. S.M.
JUNIWAL INTRA-MOOT COURT COMPETITION, 2024
MOOT PROBLEM
IN THE SUPREME COURT OF SYONADESH PETITION FOR SPECIAL
LEAVE TO APPEAL (C) NO. 57 OF 2024
(Arising out of the impugned final judgment and order dated August 7, 2024, in C.S. No. 684
of 2024 passed by the High Court of Somrashtra)
Raghav Sharma … Petitioner
versus
Giriraj Maharaj … Respondent
1. The archipelago of Syonadesh boasts of its ancient and rich cultural heritage. Always
being a home to different religions and communities, Syonadesh harboured the ideals
of peaceful coexistence and religious tolerance. Located in the Southwestern Asia,
Syonadesh was ruled by different monarchies in the past.
2. Though there were multiple religions practised in Syonadesh, the majority population
practised a religion called Syonism which developed through thousands of years, based
on various ancient texts compiled by the ancient natives of these islands. The primary
theme of Syonism revolved around nurturing the body well so that a person remains
healthy to do his or her duties, as prescribed in the ancient texts, and finally achieve
liberation.
3. One of the primary religious texts for Syonism, named “Syonashastra” contained a
verse which prescribed the adherents to maintain good health and not to be obese since
one’s body was to be held in trust for the service of the Supreme Lord, by engaging in
the duties as prescribed in the Syonashastra. This primary theme itself was practised
in a diverse manner across the islands, with various sects and sub-sects that had
developed within Syonism over the years.
4. One such sect, which developed during the fifteenth century, was the “Kazari” sect,
which started with one Mr. Badrinath Maharaj, who had thousand disciples. The kazari
3rd DR. S.M. JUNIWAL INTRA-MOOT COURT COMPETITION, 2024
sect propounded the principle of being subservient to the saints who shall function as
the representative of the Supreme Lord. The adherents were required to obey the spiritual
master, so as to obtain necessary guidance to achieve perfection in following the tenets of
Syonism. Religious traditions, such as, Envism and Viyahism, also developed within
Syonadesh and other religions such like Natanism and Bovism also arrived from other
continents, with traders, missionaries, and rulers.
5. During the eighteenth century, Syonadesh was colonised by Dutch traders. Pursuant to a
nationalist movement that emerged in the late nineteenth century, Syonadesh finally
achieved independence in 1952. The constituent assembly adopted the Constitution of
Syonadesh in 1956, which envisaged a federal set up for the independent and secular
republic, wherein, each of the twenty-eight islands became separate states, and a central
government was envisaged with clearly bifurcated legislative powers.
6. After independence, Syonadesh proceeded with an economic policy of socialism and
state control. But, by 1990s, due to severe fiscal deficit and uneven balance of
payments, the Syonadesh government finally allowed privatisation of the country’s
industry in 1995, which eventually led to an increase in the Gross Domestic Product.
Internet was also introduced in 2000, and various western companies were also allowed
to set up their offices in Syonadesh. MeTube became a famous streaming site where
individuals could upload movies, documentary series, vlogs, and other videos of their
choice. Such videos, based on the views garnered, could elicit revenue for the content
creators.
7. In 2013, Mr. Raghav Sharma, a graduate from Syonadesh Institute of Medical
Sciences, located in the capital city of Syonapuri started his own channel at MeTube,
with an aim to upload content related to general awareness and history of the world,
especially Syonadesh. The subscribers for his channel grew at a good pace from 2014
to 2024, i.e., from around 2,000 to around 20,00,000, respectively.
8. In January 2024, the Syonadesh Medical Entrance Test, or in short, SMET was
introduced by the Syonadesh government as a single nationwide entrance test to all the
government and various private sector medical colleges. However, as the results were
announced in March 2024, a few news articles related to the leak of the examination
paper emerged, which caught the attention of Mr. Raghav Sharma. He created a
video highlighting the said issue and found various faults in the manner in which SMET was
conducted and how a rampant abuse was allowed under the foresight of the Syonadesh
3rd DR. S.M. JUNIWAL INTRA-MOOT COURT COMPETITION, 2024
government. As soon as this video was uploaded on MeTube, it immediately became viral and
was quickly shared over a million times within a few hours. The initial days of April 2024
saw nationwide protests from various medical students demanding scrapping of SMET and
conducting of the examination afresh. The hashtag “re-SMET” was trending on all social media
networking sites, and Mr. Raghav Sharma’s subscribers of his MeTube channel, named
“Raghav Sharma” increased, and it became the most viewed channel from May 2024 onwards
in Syonadesh.
9. Therefore, Mr. Raghav Sharma started making videos on these type of issues as were
highlighted in the press but did not catch any significant attention of the general public
otherwise. He came across one such news article, authored by Mr. Karsandas Tooljee
in newspaper titled Syon Prakash published on May 21, 2024. The said article made a
reference to a “Syoni Ashram” located at Kazariganj, a city that was the capital of the
state of Somrashtra. This Ashram was run by Mr. Giriraj Maharaj, who was one of the
most revered and famous saints of Syonism.
10. In this article dated May 21, 2024, Mr. Tooljee indicated how it may be possible that
young boys were being made to work for ten to twelve hours, wherein, they spent
laborious hours in performing various daily chores of the Ashram, such as cleaning and
even cooking. The newspaper, Syon Prakash, was printed on a small scale, with
presence in only a few cities like Syonapuri and Kazariganj.
11. Mr. Raghav Sharma, being intrigued by the said article, decided to delve further into
the story. He travelled from Syonapuri to Kazariganj and managed to speak with the
families of a few boys who were staying at the Syoni Ashram. He got an opportunity
to interact with a few boys who had gone to stay at the Syoni Ashram for a considerable
time of around six months to a year. During his research, Mr. Raghav Sharma also
recorded certain audio clips as well as visuals of his trip to Kazariganj and his different
interactions with the locals. After his research, he returned to Syonapuri and started
working on a documentary video on the working of the Syoni Ashram.
3rd DR. S.M. JUNIWAL INTRA-MOOT COURT COMPETITION, 2024
12. Finally, on the night of June 14, 2024, Friday, Mr. Raghav Sharma released a video on
his channel on MeTube, titled as “The Truth about the Syoni Ashram.” The duration
of this video was 55 minutes and 48 seconds, wherein, during the first twenty minutes,
Mr. Raghav Sharma covered the history of Syonism and its various sects and sub-
sects. He quoted scriptures to formulate the basis of various practises followed in the
religion. And, in the following thirty minutes, he shared certain audio clips and
visuals of his interactions with the locals of Kazariganj, while not showing the face of
the speakers. In the background of and in between each of such audio and visual
content, he inserted a background score, consisting of music, as well as a commentary
in his own voice. Certain portion of the transcript of Mr. Raghav Sharma’s voice is
reproduced herein below:
“Not only as a proud Syoni, but also as a responsible citizen of Syonadesh, one
should get to know about the disturbing practises going on at the Syoni Ashram
in Kazariganj …. Our religion is so deep and profound, which teaches everyone
to maintain good health and achieve God, but in the name of religion, a
superstition is perpetuated…. As I interacted with these boys, I got to know how
they were forced to join the Ashram only because of being slightly overweight,
and then, they were not given food. In the name of service to the Supreme Lord,
these young boys of age ranging from 9 to 15 years, had to engage in menial
work… In the pretence of training of becoming a good Syoni, these boys were
forced to do personal chores of the Maharaj.”
13. Towards the last few minutes of the video, Mr. Raghav Sharma, addressed Mr. Giriraj
Maharaj as well. A portion of the transcript is reproduced hereinbelow:
“Our religion nowhere demands that personal service of a Maharaj needs to be
done so as to be purified… As is clear from the interactions with the victims,
Giriraj Maharaj has clearly misinterpreted and mischievously applied the
tenets of our profound religion…. Is this the behaviour of a saint…. He has
clearly exploited these young boys and thrown them in trauma and stress at such
a tender age. Who will take responsibility for such a havoc? Giriraj Maharaj
should not be allowed to get away with this patent exploitation of young boys…
I believe that such corrupt practises should not be allowed to be continued in
3rd DR. S.M. JUNIWAL INTRA-MOOT COURT COMPETITION, 2024
our pure Syoni religion. They must be finished at the earliest. I hope you found
this video informative. Thanks for watching.”
14. By Saturday morning, this video became a sensation across Somrashtra. By Sunday, all
major social media platforms along with electronic and print media in Syonadesh were
flooded with this issue about the Expose on Syoni Ashram. Many criticised Mr. Giriraj
Maharaj, and a few parents also expressed regret at such sort of exploitation
continuing in the name of religion. However, on the other hand, many followers of the
Syonism and particularly, the Kazari sect also expressed their dismay at the biased
representation of the issue at the Syoni Ashram by Mr. Raghav Sharma. Amidst such
heated debates in public forum, it was seen how the footfall at the Syoni Ashram at
Kazariganj, decreased by ten percent, by July 14, 2024, as reported in Syom Prakash.
15. Mr. Giriraj Maharaj approached the High Court of Somrashtra and filed a suit against
Mr. Raghav Sharma, on June 25, 2024, alleging the tort of defamation and claiming
damages to the tune of Rs. Ten crores. He also prayed for the video dated June 14, 2024,
to be removed from internet, as an injunctive relief. As the High Court of Somrashtra
exercised ordinary original civil jurisdiction, the suit was registered and the trial
commenced on June 26, 2024. Mr. Raghav Sharma defended the suit and pleaded that
the court rather needs to intervene into such activities practised by the plaintiff as they
did not constitute an essential practise of religion, and such situation led to
exploitation of children.
16. The High Court examined various witnesses during the trial, including Mr. Giriraj
Maharaj and Mr. Raghav Sharma themselves, as well as a few religious scholars of
Syonism and the Kazari sect, the boys who underwent the training programs at the
syoni Ashram, along with their parents. Finally, the High Court pronounced its
judgment on August 7, 2024, holding Mr. Raghav Sharma liable for defamation, and
ordered him to pay the damages of Rs. Five crores to Mr. Giriraj Maharaj, and further
ordered MeTube to immediately erase the defamatory video dated June 14, 2024.
Certain portions of the judgment are reproduced hereinbelow:
3rd DR. S.M. JUNIWAL INTRA-MOOT COURT COMPETITION, 2024
“The defendant has defamed the plaintiff by spreading misleading information
about him as well as the Syoni religion under the garb of freedom of speech,
which is impermissible.”
“The plaintiff is well within his constitutional right to practise and propagate
his religion and, in this case, it is not appropriate for this court to adjudge upon
the essential practises of a religion, as such doctrines are determined by the
respective religious denomination.”
17. Pursuant to the directions in the above-mentioned judgment, MeTube, on August 8,
2024, removed the video dated June 14, 2024, from its platform. Aggrieved by this
erasure as well as the directions and observations given by the High Court of
Somrashtra, Mr. Raghav Sharma filed a special leave petition before Supreme Court
of Syonadesh, on August 14, 2024, praying for the judgment dated August 7, 2024, to
be set aside and his deleted video to be restored. Mr. Giriraj Maharaj raised a
preliminary challenge to the said petition on the grounds of jurisdiction and sought to
contest other contentions of Mr. Raghav Sharma.
18. Supreme Court of Syonadesh agreed to hear both the parties on the following issues:
a. Whether the special leave to appeal against the judgment dated August 7, 2024,
passed by the High Court of Somrashtra ought to be granted by the Supreme
Court of Syonadesh?
b. Whether the tort of defamation stands established against the Petitioner?
c. Whether the direction to remove the video dated June 14, 2024, is void for being
violative of the right to freedom of speech and expression as guaranteed in the
Constitution of Syonadesh?
d. Whether the activities conducted by the Respondent warrant no interference as
they stand protected under the right to freedom of religion as guaranteed in the
Constitution of Syonadesh?
3rd DR. S.M. JUNIWAL INTRA-MOOT COURT COMPETITION, 2024
The provisions of the Constitution of India and all other laws in force in India are applicable
mutatis mutandis to Syonadesh. Decisions of the courts in India, while not binding upon the
courts in Syonadesh, nonetheless carry persuasive value before the courts in Syonadesh, in
direct proportion with their respective precedential value in India. Participants are free to rely
upon interpretations given by eminent jurists on corresponding provisions under Indian law
for persuasive value.
