Team Code: T.Y.LL.

B 13

CELEBRATION OF 70TH CONSTITUTION DAY MOOT COMPETITION, 2024

BEFORE THE HON’BLE SUPREME COURT OF ZAKATA

IN THE MATTER OF:

SOCIETY FOR PEOPLE’S OF TRADITIONAL VALUES (PETITIONER)

V.s.

STATE OF THUMBA (RESPONDENT)

W.P. No. /2024

ON SUBMISSION TO THE HON’BLE SUPREME COURT OF ZAKATA

UNDER ART. 32 OF THE CONST. OF ZAKATA

WRITTEN SUBMISSION ON BEHALF OF THE PETITIONER

 TABLE OF CONTENTS

● INDEX OF AUTHORITIES

Judicial Decisions

Constitution

● INDEX OF REFERENCES

Statutes

Books and treatises

List of Abbreviations

● STATEMENT OF JURISDICTION

● STATEMENT OF FACTS

● STATEMENT OF ISSUES

● SUMMARY OF ARGUMENTS

● ARGUMENTS ADVANCED

● THE PRAYER
 JUDICIAL DECISIONS

Constitution of Zakata

● Article 32 (Right to Constitutional Remedies)

Legislation

● Regulation (Prohibition) of Movement (On certain grounds) Act, 2021

Scientific Studies

● World Scientists (WS) - Study on Thuzosu River (2010)

● Scientists For Traditional Healing - “Back to Tradition Means Real Science”

(mid-2021)

Government Orders and Actions

A. Orders issued by the State Government of Thumba, December 22-23, 2021

1. Ban on movement to Zosuk mountains and origin of Thuzosu River.

B. Contract granted to Sanshi International Inc. for building a Five Star hotel at the

origin of the Thuzosu river.

Political Developments

A. Formation and actions of the Modernia Democratic Forum (MDF).

B. Establishment of the Society for People’s of Traditional Values (SPTV) in response

to governmental decisions.

Other

● Sanshi International Inc.

 INDEX OF REFERENCES

STATUTES

CONSTITUTION

● Article 19 of the Indian Constitution

● Article 25 of the Indian Constitution

● Article 21 of the Indian Constitution

● Article 14 of the Indian Constitution

BOOKS AND TREATIES

● Constitution of Zakata
 INDEX OF REFERENCES

WEBSITES

● www.india.gov.in

● www.supremecourtofindia.nic.in

● www.indiankanoon.org

● www.manupatra.com

● www.lexisnexis.co.in

LIST OF ABBREVIATIONS

PIL PUBLIC INTEREST LITIGATION

MDF MODERN DEMOCRATIC FORUM

MEFCC MINISTRY OF ENVIRONMENT,

FOREST AND CLIMATE CHANGE (ZAKATA)

ORS OTHERS

SC SUPREME COURT
 STATEMENT OF JURISDICTION

This PIL invokes the Supreme Court’s original jurisdiction under Article
32 to enforce fundamental rights potentially violated by Thumba’s
movement restrictions.

The petition involves the balance between religious freedom and

environmental rights, both enshrined in the Constitution. Additionally, it
questions the State’s actions’ reasonableness and proportionality, a
matter within the Court’s jurisdiction.

Article 32 of the Indian Constitution is a fundamental right that guarantees the right to constitutional remedies. It is
considered one of the most crucial provisions in the Constitution as it empowers individuals to seek protection and
enforcement of their fundamental rights directly from the Supreme Court of India. Here are the key points about Article
32:

1. Right to Move the Supreme Court:

○ Article 32 states, “The right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this Part is guaranteed.”
○ This means that if someone believes their fundamental rights have been violated, they can approach
the Supreme Court directly for relief.
2. Power of the Supreme Court:
○ The Supreme Court has the authority to issue various orders, directions, or writs for the enforcement
of fundamental rights.
○ These include:
■ Habeas Corpus: To ensure the release of a person who has been unlawfully detained.
■ Mandamus: To compel public officials or authorities to perform their duties.
■ Prohibition: To prevent an inferior court or tribunal from exceeding its jurisdiction.
■ Quo Warranto: To inquire into the legality of a person holding a public office.
■ Certiorari: To review decisions of lower courts or tribunals.
3. Parliament’s Role:
○ Without prejudice to the Supreme Court’s powers, Parliament may empower any other court to
exercise similar powers within its local jurisdiction.
4. Suspension of Rights:
○ The right guaranteed by Article 32 shall not be suspended except as otherwise provided for by the
Constitution.

In summary, Article 32 ensures that individuals have both the right to approach the Supreme Court and the Court’s
authority to protect and enforce fundamental rights. It serves as a vital safeguard for citizens against violations of their
constitutional rights
 STATEMENT OF FACTS

I. THE PARTIES

Thumba is one such state of Zakata that is situated in the North - East
region of Zakata. Thumba became a fully recognized state in 1954. Thumba is
one of the most beautiful and scenic states in Zakata. Thumba consists of three
religious groups namely : Zohan, Thaman, and Sukman. This state despite a
remarkable diversity from North to South and East.

II. COMMUNITIES OF THUMBA

As per the 2010 census the population of Thumba consists of there

religious groups :

i Thamah - 45%

ii Sukman - 20%

iii Zohan - 30%

iv Diverse religious group - 5%

Zohan, Thaman, and Sukman all speak one language called Thumbia.

i The followers of Thaman predominantly reside in the hills,

Thamans worship the mountains and a particular species of tree called Thuadra.
Thuadra trees are found mostly at the high altitudes of the mountain ranges of
Zosuk. They give special importance to the mountain Zosuk. Where thuadra
trees are abundant. It is essential for Thamans to go to Zosuk once a year, bring
some part of the roots and leaves of the Thuadra trees and keep them in every
corner of their houses. So, bad omens can be avoided.
 ii The followers of the Sukman religion are mostly found on the
outskirts of these plain lands, and adjoining the mountains. The followers of the
Sukman worship the clay of a riverbed of a particular river, Thuzosu. As per
their religious scripture, they are supposed to go to the Thuzosu river once a
year to bathe in it and bring clay from the river. They are supposed to paint all
of their doors and windows with the clay of the Thuzosu River, so that their
prosperity and well - being are maintained.

iii The followers of Zohan worship rivers for them all rivers are
sacred and as per their religious scriptures, they should gather at least once a
year on the bank of the river nearest to them, take a bath and perform a special
Pooja (Worship).

All of them perform their annual rituals repetitively from 15 January to

15 February every year.

III. THE MODERNIA

In Thumba state industrialization was done and industries were

established with the industrialization and spread of modern education, there are
substantial numbers of people who claim themselves to be modern.

i These modern people are not believe in the worship and the
practices of religion.

ii They think these practices of their respective religion are

unscientific.
 iii They want to experiment with new technologies, tourism sector,
industrialization to compete with the world.

iv In the Thumbia language these people are called Modernia.

IV. MODERNIA DEMOCRATIC FORUM (MDF)

In 1980, Modernia founded a local, regional political party called

Modernia Democratic forum and started fighting the State Assembly Election in
Thumba.

However, they successfully formed their Government in 2005 in the state

of Thumba. They have won all the state Assembly Elections in succession, the
last happened in March 2020 and they have been in power since 2005 till date in
Thumba.

V. AFFECTING A TRADITIONAL VALUES

After coming to power they started extensive industrialization in many

parts of Thumba. They inaugurated many industries and mining activities in the
mountains. They have potential to affect the Thundra trees and their natural
growth.

They have inaugurated many tanneries and other chemical factories on the
banks of many rivers of Thumba, including Thuzosu.
 This rapid industrialization has resulted in extensive wealth generation in
Thumba but the State of Thumba came with the title of affluent state of Zakata
as well as came with heavy Environmental destruction.

VI. SCIENTIFIC STUDIES BY WORLD - RENO SCIENTIFIC BODY

In 2010, Study conducted by World - Reno Scientific Body, called World

Scientists (WS). This study was headed by Mr. Zohanthang. He is an
environmental scientist, social environmentalist and scrupulous Zohan.

They highlights the :

i Increasing levels of pollution in Thuzosu River and slightly change

in colour of It's water.

ii Continuous decline in the natural growth of Thuadra trees. And,

iii The study concluded that climate change is due to industrialization,

etc.

VII. ANNOUNCEMENT OF SCHEME

In 2015, The Government of Thumba announced a scheme to

scientifically cultivate the Thundra trees in many parts of the mountains and
advised the Thamans not to travel to the mountain, Zosuk each year. Because it
is a sheer waste of their time and energy.

The Government said that, by this plantation drive, Thamans would get
Thundra just their neighbourhood, and they need not to go anywhere else.
VIII. PANDEMIC PERIOD

In mid - 2020 a strange kind of pandemic called Tovid - 20 hit the world.

i While researching Towid - 20 scientists found that the roots of

naturally grown Thuadra, situated in the Zosuk mountain can be used to develop
an effective vaccine against Tovid - 20.

ii They also found that the clay of the Thuzosu river at its origin can
also be used to develop an effective remedy against Tovid - 20.

iii This study was published in mid - 2021 Back to Traditional means
Real science. Renowned body of scientist called scientist for Traditional
Healing.

iv This study also found that the clay of lower streams of Thuzosu
river does not have this quality because of many pollutants that have been
mixed in it.

IX. PUBLICATION OF STUDY

The publication of study in 2021 incited many scrupulous followers of

Sukman religion.

i Their religious leader called all the real Sukmans to 90% of the
Thuzosu river to protect healing and cultural values.

ii Their leader declare in October 2021 next to religious congregation

of the Sukman’s followers would be held at the origin of the Thuzosu river. All
should take the clay to their houses for their protection.
 These leaders have also criticised the MDF Government for its so - called
Modern approaches.

X. REGULATION (PROHIBITION) OF MOVEMENT (ON CERTAIN

GROUNDS) ACT 2021

The State Government has also responded to this research of 2021 and looked at
it as an opportunity to increase its revenue based on the developing medicinal
values of naturally grown Thuadra River.

i The state Thumba passed a law called “Regulation (Prohibition) of

Movement (on certain grounds) Act 2021.

ii This Act authorises the State Government to regulate or prohibit

Right to Movement through notification in certain areas of state on grounds of
public health, environment and maintenance of law and order.

XI. STATE GOVERNMENT USING THE POWER UNDER THIS ACT

Thumba Government while using the power under this Act:

i Banned movement of Thaman or anyone else not authorised by

government agencies to the Zosuk mountain for year 2022 and onwards on
grounds of public health.

ii Similar bans to the origin of the Thuzosu River on 23 Dec 2021. on

the grounds of public health and environment.

Both these orders of 22 January and 23 January 2021 are still in force.

XII. SANSHI INTERNATIONAL INC.

 The State Government of Thumba also granted a contract to Sanshi
International Inc.

i This company is associated with an influential political leader of

MDF.

ii To build a Five Star Hotel of 200 rooms at the origin of the

Thuzosu River. So, proper research and other activities could be undertaken.

XIII. SOCIETY FOR PEOPLE’S OF TRADITIONAL VALUES (SPTV)

Many scrupulous religious person to make a joint forum called Society

For People’s of Traditional Values (SPTV)

i SPTV decided to file a Public Interest Litigation directly to the

Supreme Court of Zakata under Art. 32 of its Constitution.

ii Requesting the Supreme Court to issue appropriate Writs to protect

the Fundamental Rights of citizens of Thumba.
 ISSUES RAISED

THE FOLLOWING ISSUES HAVE BEEN RAISED BY THIS HON’BLE

COURT IN PURSUANCE OF THE PRESENT CASE :

I. WHETHER THE PRESENT WRIT PETITION IS MAINTAINABLE ?

II. WHETHER THE ORDER OF THE STATE GOVERNMENT ARE
REASONABLE ?
III. WHETHER THE POWER EXERCISED BY THE GOVERNMENT IS
ULTRA VIRES TO THE PROVISIONS OF CONSTITUTION ?
IV. WHETHER THE STATE GOVERNMENT HAS VIOLATED THE
BASIC RIGHT TO ENVIRONMENT AND RIGHT TO RELIGION OF
THE CITIZEN IN TUMBHA ?
 SUMMARY OF ARGUMENTS

I] WHETHER THE PRESENT WRIT PETITION IS MAINTAINABLE ?

Article 32 of the Constitution of Zakata empowers the Supreme Court to enforce

fundamental rights through writs like mandamus, prohibition, certiorari, and habeas
corpus. SPTV argues that the State Government's orders violate the fundamental
rights of the citizens of Thumba, making the writ petition maintainable.

Grounds for Maintainability:

1. Violation of Fundamental Rights:

○ Right to Freedom of Movement : The government orders restricting
movement to Zouk mountains and the origin of the Thuzosu River
infringe upon the right to freedom of movement enshrined in the
Constitution.
○ Right to Religion : The bans impede the religious practices of
Thamans and Sukmans, violating their right to freely practise and
propagate their religion.
○ Right to Environment : Uncontrolled industrialization might violate the
right to a clean environment.
2. Public Interest Litigation (PIL): SPTV represents a group of people whose
fundamental rights are allegedly violated. The issue has wider public
importance concerning religious freedom, environmental protection, and
balanced development.
3. Alternative Remedy Not Exhausted: Challenging the government orders
through writ petition is a direct and speedy remedy compared to lengthy
administrative procedures.

SPTV contends that the writ petition is maintainable as it addresses the

violation of fundamental rights through arbitrary State actions, making it a PIL
for the Supreme Court's consideration.
II] WHETHER THE ORDER OF THE STATE GOVERNMENT ARE
REASONABLE ?

SPTV argues the State Government's movement bans on religious sites violate

fundamental rights.

● Right to Freedom: The bans restrict movement, impacting the right to

freedom enshrined in the Constitution.

● Right to Religion: Thamans and Sukmans cannot perform essential religious

practices due to the bans.

The orders are unreasonable and arbitrary.

● Alternatives Exist: The government hasn't explored alternative measures to

protect health and the environment.

● Selective Targeting: Bans on religious sites raise questions about the

legitimacy of environmental concerns, especially with research and hotel

construction allowed.

SPTV urges the Supreme Court to overturn the bans and find alternative

solutions that balance environmental protection with religious freedom and

movement rights.
III] WHETHER THE POWER EXERCISED BY THE GOVERNMENT IS

ULTRA VIRES TO THE PROVISIONS OF CONSTITUTION ?

SPTV Argues:

● Bans Violate Rights: Movement and religious freedom restrictions.

● Unreasonable: Alternative solutions exist. Timing raises suspicion.

● Unsustainable Dev: Prioritizes industry over environment, impacting religious

practices and potential medicine.

● Selective Targeting: Actions contradict bans' justifications.

Relief Sought:

● Overturn the bans.

● Implement alternative measures for balance.

IV] WHETHER THE STATE GOVERNMENT HAS VIOLATED THE
BASIC RIGHT TO ENVIRONMENT AND RIGHT TO RELIGION OF THE
CITIZEN IN TUMBHA ?

Arguments:

● Movement bans to Zosuk mountains and Thuzosu river source are

unreasonable and restrict religious practices.

● Industrial focus harms the environment, impacting religious practices and

livelihoods.

● Government should explore alternative solutions that balance the environment

and religion.

Relief:

● Declare movement bans unconstitutional.

● Order policies protecting both the environment and religious freedom.

 ARGUMENTS ADVANCED

1. WHETHER THE PRESENT WRIT PETITION IS MAINTAINABLE ?

The present writ petition filed by the Society for People’s of Traditional Values (SPTV)
under Article 32 of the Constitution of Zakata is undoubtedly maintainable for
several compelling reasons:

1. Locus Standi

● Public Interest Litigation (PIL): The Society for People’s of Traditional

Values (SPTV) respectfully submits that it possesses the requisite locus
standi to initiate this Public Interest Litigation (PIL) under Article 32 of the
Constitution of Zakata. As a registered organisation representing individuals
whose fundamental rights are allegedly violated by the State Government of
Thumba's recent orders, SPTV has a legitimate interest in bringing this matter
before the esteemed Supreme Court of Zakata.

2. Grounds for Maintainability of Writ Petition

● Violation of Fundamental Rights: The SPTV contends that the State

Government's orders issued on December 22nd and 23rd, 2021, respectively,
constitute a blatant violation of fundamental rights enshrined in the
Constitution of Zakata. Specifically, these orders potentially infringe upon:
○ Right to Freedom of Religion : The movement bans effectively
restrict the religious practices of Thamans and Sukmans by preventing
them from accessing essential elements required for their annual
rituals. This constitutes a significant impediment to their religious
expression.
○ Right to Equality : The bans may disproportionately affect religious
minorities (Thamans and Sukmans) compared to the majority
(Modernia). This potential for discriminatory impact necessitates
judicial intervention to ensure equal protection under the law.
 ○ Right to Environment : The unfettered industrialization and proposed
hotel project at the origin of the Thuzosu River pose a significant threat
to the environment. This jeopardises the right to a clean and healthy
environment for all citizens of Thumba.
● Arbitrary and Unreasonable Orders: The SPTV argues that the impugned
orders lack a legitimate and demonstrably achievable purpose. Furthermore,
the chosen methods appear disproportionate to the stated goals (public
health, environment, law and order). Alternative measures could be explored
to achieve these objectives without infringing upon fundamental rights. The
orders, therefore, appear arbitrary and unreasonable, necessitating judicial
review.
● Failure of Due Process: SPTV respectfully submits that the State
Government may not have followed proper procedures before issuing the
bans. There is a possibility that public hearings were not conducted, nor were
alternative solutions adequately considered. This lack of due process further
undermines the legitimacy of the orders.

3. Strengthening Maintainability Arguments

● Scientific Evidence: The SPTV wishes to highlight two relevant scientific

studies:
○ The 2010 study conducted by World Scientists documented increasing
pollution levels in the Thuzosu River.
○ The 2021 study by Scientists For Traditional Healing, which
emphasises the medicinal properties of naturally grown Thuadra trees
and the clay from the Thuzosu River's origin.

This evidence challenges the government's justifications for the bans and
underscores the importance of preserving these natural resources for both
environmental and religious purposes.

● Discriminatory Intent: If SPTV possesses evidence suggesting the

government's primary motivation is to suppress the religious practices of
minority groups (Thamans and Sukmans) in favour of the Modernia agenda,
 such evidence can be presented to argue discriminatory intent behind the
orders.

4. Relief Sought

In light of the aforementioned arguments, the SPTV respectfully requests the

Supreme Court to:

● Declare the State Government's orders banning movement to the Zosuk

mountains and the origin of the Thuzosu River as unconstitutional and void.
● Direct the State Government to adopt alternative measures to protect public
health, environment, and law and order without infringing on fundamental
rights.
● Direct the State Government to revoke the contract granted to Sanshi
International Inc. for building a hotel at the origin of the Thuzosu River.
 2. WHETHER THE ORDER OF THE STATE GOVERNMENT ARE
REASONABLE ?

Violation of Fundamental Rights:

a. The orders issued by the State Government of Thumba, restricting the movement
of individuals to specific locations, directly impinge upon the fundamental rights
enshrined in the Constitution of Zakata. These rights include the freedom of
movement and the freedom of religion.

b. The Constitution of Zakata guarantees its citizens the right to move freely
throughout the territory of the state and to freely practise and propagate religion. By
imposing blanket bans on movement to significant religious sites such as Zosuk
mountains and the origin of the Thuzosu River, the State Government is infringing
upon these fundamental rights without sufficient justification.

c. These orders disproportionately affect the followers of Thaman, Zohan, and

Sukman religions, who have deep-seated religious beliefs and practices associated
with these sacred sites. Prohibiting their access to these locations not only impedes
their religious freedoms but also undermines the cultural heritage and traditions of
these communities.

Unreasonableness and Arbitrariness:

a. The State Government's actions lack rationality and proportionality, rendering them
unreasonable and arbitrary. The imposition of bans on movement under the pretext
of public health and environmental concerns appears arbitrary, especially
considering the lack of concrete evidence linking religious gatherings or visits to
sacred sites with adverse health or environmental effects.

b. The timing of the orders, coinciding with the annual religious rituals of Thaman,
Zohan, and Sukman followers, raises suspicions of arbitrariness. It suggests that the
bans were strategically imposed to suppress religious practices rather than being
genuinely motivated by concerns for public health or environmental protection.

c. Furthermore, the State Government's decision to grant a contract to Sanshi

International Inc. for the construction of a Five-Star hotel at the origin of the Thuzosu
River appears arbitrary and motivated by ulterior motives. This raises questions
about the government's true intentions behind restricting access to the site and
underscores the need for judicial scrutiny.

Violation of Environmental Rights:

a. The orders issued by the State Government to regulate or prohibit movement

under the guise of environmental protection fail to address the root causes of
environmental degradation in Thumba. Instead of implementing comprehensive
measures to address industrial pollution and unsustainable development practices,
the government has resorted to arbitrary restrictions on citizen's movement.

b. The rampant industrialization and unchecked development projects initiated by

the State Government have contributed significantly to environmental degradation,
including pollution of rivers and destruction of natural habitats. By prioritising
commercial interests over environmental conservation, the government is violating
the environmental rights of its citizens and jeopardising the ecological balance of
Thumba.

c. The State Government's failure to effectively mitigate pollution and environmental

damage, despite extensive scientific studies and warnings, underscores its
negligence and disregard for environmental protection. The imposition of restrictive
measures on citizen's movement cannot serve as a substitute for proactive
environmental stewardship and sustainable development practices.

In conclusion, the orders issued by the State Government of Thumba restricting

movement to religious sites and environmental areas are arbitrary, unreasonable, and
in violation of fundamental rights guaranteed by the Constitution of Zakata. The
Supreme Court of Zakata must intervene to uphold the rule of law, protect citizens'
rights, and ensure that government actions are guided by principles of justice,
reasonableness, and respect for constitutional values.
 3. WHETHER THE POWER EXERCISED BY THE GOVERNMENT IS

ULTRA VIRES TO THE PROVISIONS OF CONSTITUTION ?

Argument 1: Unreasonable and Arbitrary Nature of the Government Orders

The fundamental rights and freedoms enshrined in the Constitution of Zakata are
sacrosanct and must be upheld by the government. The actions taken by the State
Government of Thumba, under the Regulation (Prohibition) of Movement (On certain
grounds) Act, 2021, are not only unreasonable but also arbitrary, thus infringing upon
the rights of the citizens of Zakata.

Firstly, the ban imposed on the movement of individuals to the Zosuk mountains and
the origin of the Thuzosu River lacks reasonable justification. While the government
cites reasons of public health and environment, it fails to provide concrete evidence
or scientific backing to support its decision. The mere speculation of potential health
hazards does not warrant such drastic measures, especially considering the lack of
substantial data indicating an immediate threat to public health.

Moreover, the arbitrary nature of the bans is evident in their selective application. By
targeting specific religious practices and gatherings, the government is not only
interfering with the freedom of religion guaranteed by the Constitution but also
displaying bias against certain communities. Such discriminatory actions undermine
the principle of equality before the law and breed resentment among the affected
groups.

Furthermore, the timing of the bans, coinciding with religious gatherings and rituals,
raises suspicions of ulterior motives. It appears that the government's actions are
driven more by political agendas and economic interests rather than genuine
concerns for public welfare. This manipulation of state power for personal gain is a
clear violation of the principles of democratic governance and the rule of law.
In light of these considerations, it is imperative for the Supreme Court of Zakata to
intervene and strike down the arbitrary bans imposed by the State Government of
Thumba. Upholding the constitutional rights of the citizens, including the right to
freedom of movement and freedom of religion, is paramount to preserving the
democratic fabric of the nation.

Argument 2: Violation of Fundamental Rights to Environment and Religion

The unbridled pursuit of industrial development by the State Government of Thumba

is not only endangering the fragile ecosystem of the region but also infringing upon
the fundamental rights of the people to a clean and healthy environment, as well as
the freedom to practise their religion without undue interference.

The rampant industrialization, including the establishment of hydroelectric power

plants, tanneries, and chemical factories, has led to severe environmental
degradation in Thumba. The pollution of rivers, such as the Thuzosu River, and the
destruction of natural habitats, such as the Zosuk mountains, are clear indicators of
the adverse impact of unchecked industrial expansion. The findings of scientific
studies, including those conducted by World Scientists (WS) and Scientists For
Traditional Healing, corroborate the detrimental effects of industrial activities on the
environment and public health.

Additionally, the government's attempts to control religious practices and rituals

under the guise of public health concerns constitute a blatant violation of the
citizens' right to freedom of religion. The imposition of bans on religious gatherings
and pilgrimages not only undermines the cultural and spiritual heritage of the people
but also disrupts the social fabric of the community. It is imperative to recognize that
religious practices, such as the worship of Thuadra trees and the clay of the Thuzosu
River, hold profound significance for certain religious communities and are integral to
their identity and way of life.

Furthermore, the government's decision to grant contracts to private entities for

commercial ventures, such as the construction of a Five Star hotel at the origin of the
Thuzosu River, raises concerns of crony capitalism and exploitation of natural
resources for personal gain. Such actions prioritise economic interests over
environmental conservation and disregard the long-term sustainability of the region.

In conclusion, the State Government of Thumba's policies and actions are not only
detrimental to the environment but also infringe upon the fundamental rights of the
citizens of Zakata. It is imperative for the Supreme Court of Zakata to uphold the
constitutional principles of environmental protection and religious freedom by
holding the government accountable for its arbitrary and unlawful conduct. Only
through judicial intervention can the rights and interests of the people be
safeguarded against the excesses of state power.
 4. WHETHER THE STATE GOVERNMENT HAS VIOLATED THE
BASIC RIGHT TO ENVIRONMENT AND RIGHT TO RELIGION OF
THE CITIZEN IN TUMBHA ?

Argument 1: Violation of the Basic Right to Environment

The State Government of Thumba's actions, particularly its extensive

industrialization initiatives, have significantly compromised the environmental
integrity of the state. This indiscriminate industrialization has resulted in widespread
environmental degradation, as evidenced by scientific studies highlighting pollution
in the Thuzosu River and the decline of naturally grown Thuadra trees.

1.1. Environmental Degradation:

1.1.1. The 2010 study conducted by World Scientists (WS) underscores the
escalating pollution levels in the Thuzosu River, along with discernible changes in its
water quality. This pollution directly impacts the ecological balance and poses a
threat to the biodiversity of the region.

1.1.2. The relentless industrial activities, including the inauguration of tanneries and
chemical factories along riverbanks, exacerbate environmental pollution,
jeopardising the health and livelihoods of the local populace.

1.1.3. The decline of naturally grown Thuadra trees, essential for the religious and
cultural practices of the Thaman community, is a direct consequence of the State
Government's industrial ventures. The loss of these trees not only disrupts religious
traditions but also undermines the ecological equilibrium of the region.

1.2. Constitutional Mandate:

1.2.1. The Constitution of Zakata guarantees its citizens the fundamental right to a
clean and healthy environment, essential for the enjoyment of life and liberty. The
State Government's actions contravene this constitutional mandate by prioritising
industrialization over environmental conservation.
1.2.2. The right to a clean environment is intertwined with the broader concept of
sustainable development, which necessitates the prudent utilisation of natural
resources while ensuring their preservation for future generations. The State
Government's policies, by neglecting environmental concerns, violate this principle of
sustainable development enshrined in the Constitution.

1.3. Prima Facie Unreasonableness:

1.3.1. The imposition of bans on movement to the Zosuk mountains and the origin of
the Thuzosu River ostensibly on grounds of public health and environmental
protection appears arbitrary and disproportionate.

1.3.2. While ostensibly aimed at safeguarding public health, these bans

disproportionately restrict the religious and cultural practices of the Thaman and
Sukman communities. The blanket prohibition fails to consider less intrusive
measures that could achieve the same objectives without infringing upon
fundamental rights.

Argument 2: Violation of the Right to Religion

The State Government's policies and actions have impinged upon the constitutionally
guaranteed right to freedom of religion, particularly for the Thaman and Sukman
communities, whose religious practices are deeply intertwined with natural elements
such as mountains and rivers.

2.1. Interference with Religious Practices:

2.1.1. The State Government's imposition of bans on movement to sacred sites,

justified under the guise of public health and environmental concerns, directly
impedes the ability of Thamans and Sukmans to fulfil their religious obligations.

2.1.2. The ban on accessing the Zosuk mountains prevents Thamans from
performing annual rituals essential to their religious beliefs, thereby infringing upon
their right to freely practise and propagate their religion.
2.1.3. Similarly, the prohibition on accessing the origin of the Thuzosu River
obstructs Sukmans from engaging in religious ceremonies involving the collection of
sacred clay, thereby encroaching upon their religious freedoms.

2.2. Governmental Interference:

2.2.1. The State Government's actions, including the enactment of the "Regulation
(Prohibition) of Movement (On certain grounds) Act, 2021," demonstrate
unwarranted governmental interference in religious affairs.

2.2.2. By prohibiting movements to religiously significant sites and regulating

religious practices under the pretext of public health and environmental concerns,
the State Government exceeds its constitutional mandate and violates the principle
of secularism enshrined in the Constitution of Zakata.

2.3. Disproportionate Restrictions:

2.3.1. The restrictions imposed by the State Government disproportionately burden

the Thaman and Sukman communities, infringing upon their religious freedoms
while purportedly serving public health and environmental interests.

2.3.2. Rather than adopting a balanced approach that accommodates both religious
freedoms and environmental concerns, the State Government's actions reflect a
skewed prioritisation of economic interests over fundamental rights.

2.3.3. The State Government's decision to grant contracts for commercial ventures in
areas of religious significance further underscores its disregard for the religious
sentiments of the affected communities, exacerbating the infringement of their right
to religion.

In conclusion, the State Government of Thumba's policies and actions, including its
indiscriminate industrialization initiatives and imposition of bans on religious
practices, constitute a blatant violation of the fundamental rights guaranteed to
citizens under the Constitution of Zakata. The Supreme Court of Zakata must
intervene to uphold the rule of law, protect citizens' rights, and ensure the
preservation of Zakata's environmental and cultural heritage.
 THE PRAYER

Hon’ble Supreme Court of Zakata,

In the matter of Society for People’s of Traditional Values v. State of Thumba,

we, the petitioners, humbly submit this prayer before this esteemed court:

1. We beseech this Hon’ble Court to issue appropriate writs, orders, or

directives to declare the orders issued by the State Government of Thumba,

banning the movement of individuals to the Zosuk mountains and the origin of

the Thuzosu River, as arbitrary, unreasonable, and violative of the

fundamental rights enshrined under the Constitution of Zakata.

2. We pray for the protection and preservation of the fundamental rights and

freedoms of the citizens of Zakata, particularly the rights to freedom of

movement, right to environment, and right to religion, which are being

infringed upon by the unilateral decisions of the State Government.

3. We seek the intervention of this Hon’ble Court to restrain the State

Government from further imposing such arbitrary bans and to ensure that any

regulations or prohibitions on movement are in strict adherence to the

principles of reasonableness, fairness, and constitutional validity.

4. We urge for the formulation of comprehensive policies and guidelines by the

State Government of Thumba, in consultation with relevant stakeholders, to

promote sustainable development that respects and safeguards the diverse

cultural, religious, and environmental heritage of Thumba.

5. We implore the Court to direct the State Government to engage in

meaningful dialogue and consultation with representatives of religious

communities, environmental activists, and other concerned parties, to arrive at

equitable and inclusive solutions that balance development imperatives with

the imperative of preserving the cultural and ecological integrity of Thumba.

May this Hon’ble Court, in its wisdom and justice, uphold the principles of

equity, justice, and constitutionalism, and grant relief to the petitioners in the

interest of the people of Thumba and the broader society of Zakata.

Respectfully submitted,

[Name of Petitioner]

[Position/Representative]

[Date]