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 RESPONDENT

 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

● ISSUES RAISED

● SUMMARY OF ARGUMENTS

● BODY OF PLEADING

● THE PRAYER
 INDEX OF AUTHORITIES

JUDICIAL DECISIONS

● State of Punjab v. Manjit Singh

● State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat

● Vellore Citizens Welfare Forum v. Union of Zakata

● M.C. Mehta v. Union of Zakata

● M.C. Mehta v. Kamal Nath

 INDEX OF REFERENCES

STATUTES

CONSTITUTION

● Article 19 (5) of The Constitution of India

● Article 48A of The Constitution of India

● Article 39 of The Constitution of India

BOOKS AND TREATIES

● Constitution of Zakata
 INDEX OF REFERENCES

WEBSITES

● www.india.gov.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

The Respondent, State of Thumba, respectfully submits that this

Court has jurisdiction to hear this matter under Article 32 of the
Constitution.
Therefore,the respondent is appearing before the Hon'ble SC
under Article 32 of Constitution of Zakata, in a PIL.

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 fully recognized state in 1954. Thumba is
one of the most beautiful and scenic state 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 the 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 RESPONDENT HUMBLY ASKS THE HON’BLE SUPREME COURT

OF INDIA, THE FOLLOWING QUESTIONS :

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 ?

● The State argues that the writ petition is not maintainable because SPTV

hasn't exhausted alternative remedies or shown clear legal standing.

Merits:

● The State defends restrictions based on public health, environment, and the

"Regulation Act."

● They'll highlight alternative measures and the right to development.

● The State argues for reevaluating traditional practices and emphasize

economic benefits from research.

II] WHETHER THE ORDER OF THE STATE GOVERNMENT ARE
REASONABLE ?

● Public health and environment come first. Bans are based on scientific

evidence and a legitimate law (2021 Act).

● Alternatives exist (cultivated Thuadra, pollution control).

● Bans allow responsible development of medicinal resources (Thudra &

Thuzosu clay).

● Right to movement can be limited to protect other rights and public well-being.

● Religious freedom is respected, but harmful practices can be regulated.

● Government actions are transparent and research-oriented.

III] WHETHER THE POWER EXERCISED BY THE GOVERNMENT IS

ULTRA VIRES TO THE PROVISIONS OF CONSTITUTION ?

● Unreasonable Bans: SPTV argues the government's movement bans on

religious sites are unreasonable and limit religious practices (Right to

Religion).

● Environmental Harm: Industrial development and bans together violate the

right to a healthy environment.

● Inconsistent Actions: Granting a hotel permit at the Thuzosu source

contradicts environmental concerns used to justify the ban.

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

On behalf of the State of Thumba, we assert that the actions taken by the
government are not in violation of the fundamental rights of the citizens of
Zakata. Here are our arguments:

1. Movement Restrictions:

● Government bans on movement to religious sites restrict the right to freedom

of movement and are unreasonable:

○ Target specific religious practices.

○ Lack clear permission criteria.

○ Disproportionate to stated reasons.

2. Right Violations:

● Industrial policies prioritise economy over environment, violating the right to a

clean environment.

● Thamans' and Sukmans' religious practices are impeded by bans on

movement to sacred locations.

 ARGUMENTS ADVANCED

1. WHETHER THE PRESENT WRIT PETITION IS MAINTAINABLE ?

May it please the Hon'ble Court,

I appear on behalf of the respondent, the State of Thumba, and I submit the
following arguments on the maintainability of the present writ petition filed by
the Society for People’s of Traditional Values (SPTV):

1. Locus Standi: The SPTV, as the petitioner, must establish its locus standi to
maintain the present writ petition before this Hon'ble Court. While Article 32 of
the Constitution of Zakata provides for the right to move the Supreme Court for
enforcement of fundamental rights, such right is available only to "aggrieved
persons". The petitioner must demonstrate that it falls within the category of
"aggrieved persons" as envisaged under the Constitution.

a. Representation: Firstly, it must be established that the SPTV represents the

interests of the individuals whose rights are allegedly infringed by the impugned
orders of the State Government. Merely claiming to represent such interests
without concrete evidence of authorization or mandate from the affected
individuals would render the petition unsustainable.
 b. Actual Grievance: Secondly, the petitioner must show that it has suffered or
is likely to suffer a direct and substantial injury or violation of its rights due to
the impugned actions of the State Government. Mere ideological or
philosophical disagreement with government policies or actions does not confer
locus standi upon the petitioner.

2. Alternative Remedies: Before invoking the extraordinary jurisdiction of this

Hon'ble Court under Article 32, it is imperative for the petitioner to exhaust all
available alternative remedies. The Constitution of Zakata envisages a
hierarchical system of courts, providing for redressal of grievances at lower
levels before approaching the Supreme Court. The petitioner must demonstrate
that it has exhausted all available remedies at lower levels, or that there exist
exceptional circumstances warranting direct intervention by this Hon'ble Court.

a. Administrative Remedies: The impugned orders of the State Government

were issued pursuant to statutory authority vested in it. The petitioner ought to
have first challenged these orders through administrative channels provided
under the law, such as filing appeals or representations before the relevant
government authorities.

b. Judicial Remedies: Additionally, the petitioner could have approached the

High Court of Thumba under its writ jurisdiction for redressal of grievances
arising out of the impugned orders. The High Court, being the constitutional
court of the state, is vested with wide powers to adjudicate upon matters
involving violation of fundamental rights within the state's jurisdiction.
3. Mootness : It is pertinent to note that the impugned orders of the State
Government were issued in 2021 and have been in force since then. Any
judicial intervention at this stage may be rendered moot, as the circumstances
surrounding the orders may have significantly changed over time. The petitioner
must demonstrate that the issues raised in the writ petition are not moot and that
there exists a live controversy requiring adjudication by this Hon'ble Court.

In light of the foregoing submissions, it is respectfully prayed that this Hon'ble

Court may be pleased to dismiss the present writ petition filed by the Society for
People’s of Traditional Values on the grounds of lack of maintainability.

2. WHETHER THE ORDER OF THE STATE GOVERNMENT ARE

REASONABLE ?

● Public Health and Environmental Protection:

○ The State Government emphasizes its right and duty to protect public

health and the environment. The scientific study (2010) by World

Scientists (WS) highlights the negative impact of industrialization on

the Thuzosu River and Thuadra trees. The government's restrictions

aim to curb further damage and allow for environmental restoration

efforts.

○ The ban on movement to the Zosuk mountains and Thuzosu River's

origin is justified to prevent overexploitation of these sensitive

ecological zones. The government is undertaking research on the

 medicinal properties of Thuadra and Thuzosu clay, which requires a

controlled environment.

● Regulation of Religious Practices:

○ The State Government argues that its restrictions do not violate the

right to religion. The annual religious gatherings can still be performed

at designated locations closer to the communities. The

government-sponsored plantation of Thuadra trees provides an

alternative for Thamans to fulfill their religious obligations.

○ The pilgrimage to the Zosuk mountains and Thuzosu River's origin can

be considered non-essential aspects of these religions, especially

considering the environmental concerns and potential health risks from

pollution.

● Economic Development and Public Interest:

○ The government highlights the significant economic development

achieved through industrialization in Thumba. This development has

improved the lives of many citizens and generated revenue for the

state.

○ The development of the medicinal properties of Thuadra and Thuzosu

clay presents a new economic opportunity for Thumba. The

construction of a research facility at the origin of the Thuzosu River is

essential for this purpose.

● Alternative Measures:

○ The government points to its efforts to minimize the impact of its

restrictions. The plantation of Thuadra trees offers Thamans a way to

practice their faith closer to home. The government is also taking steps

to control pollution in the Thuzosu River.

 ● Proportionality:

○ The government argues that the restrictions are proportionate to the

legitimate aims of public health, environmental protection, and

economic development. The limitations placed on movement are not

absolute and are necessary to achieve these goals.

3. WHETHER THE POWER EXERCISED BY THE GOVERNMENT IS

ULTRA VIRES TO THE PROVISIONS OF CONSTITUTION ?

1. Constitutional Authority and Public Interest:

a. The State Government of Thumba, in exercising its authority to regulate

movement under the "Regulation (Prohibition) of Movement (On certain
grounds) Act, 2021," has acted within its constitutional mandate. Article 32 of
the Constitution of Zakata empowers the Supreme Court to issue appropriate
writs for the enforcement of fundamental rights. However, it also acknowledges
the authority of the state to enact laws in the interest of public health,
environment, and law and order.

b. The ban on movement to specific areas, such as the Zosuk mountains and
the origin of the Thuzosu River, was imposed on grounds of public health and
environment. The State Government has a duty to safeguard the well-being of
its citizens, and such measures are necessary to prevent potential harm arising
from unchecked human activity in ecologically sensitive areas.

2. Rational Basis for Restrictions:

 a. The restrictions imposed by the State Government are neither unreasonable
nor arbitrary. They are based on scientific evidence and expert opinion, as
highlighted by the 2010 study by the World Scientists regarding pollution in the
Thuzosu River and the decline of naturally grown Thuadra trees.

b. Furthermore, the emergence of Tovid-20 pandemic and the subsequent

research indicating the potential use of Thuadra roots and Thuzosu River clay
for medicinal purposes underscore the importance of preserving these natural
resources. The ban on movement serves to protect these resources for the
benefit of public health and welfare.

3. Balance of Rights and Development:

a. While acknowledging the concerns raised by the Society for People's of

Traditional Values (SPTV) regarding the impact of industrial development on
the environment and religious practices, it is essential to strike a balance
between economic development and the preservation of cultural and
environmental heritage.

b. The State Government's initiatives for industrialization and tourism

development are aimed at enhancing the economy of Thumba and improving
the standard of living for its citizens. However, these efforts are not pursued at
the expense of fundamental rights or environmental sustainability.

c. The State Government has undertaken measures to mitigate the adverse

effects of industrialization, such as pollution control measures and scientific
cultivation of Thuadra trees.
4. WHETHER THE STATE GOVERNMENT HAS VIOLATED THE
BASIC RIGHT TO ENVIRONMENT AND RIGHT TO RELIGION OF
THE CITIZEN IN TUMBHA ?

1. Unreasonable Restrictions on Movement:

● The State Government's orders prohibiting movement to Zosuk mountains

and the origin of Thuzosu River are unreasonable restrictions on the

fundamental right to freedom of movement guaranteed under the Constitution

of Zakata.

● These restrictions are not proportionate to the stated objectives of public

health, environment, and maintenance of law and order.

● Alternative measures, such as regulating the number of visitors or requiring

permits, could achieve the government's objectives without completely

restricting access.

2. Violation of Right to Religion:

● The ability to practice one's religion freely is a fundamental right protected by

the Constitution.

● The government's restrictions prevent Thamans and Sukmans from

performing essential religious practices that require them to visit Zosuk

mountains and the origin of Thuzosu River, respectively.

● These restrictions significantly burden their religious freedom and violate their

right to practice their faith according to their beliefs.

3. Environmental Degradation:

● The SPTV can argue that the government's focus on industrial development

disregards the environmental impact of such activities on the religious sites.

● The pollution from industries located near the mountains and rivers is

detrimental to the natural habitat of Thuadra trees and the quality of the clay

found at the origin of the Thuzosu River.

 THE PRAYER

The Respondent, State of Thumba, prays that this Hon’ble Court be pleased to:

1. Dismiss the Writ Petition filed by the Petitioner, Society for People’s of

Traditional Values (SPTV).

2. Uphold the constitutionality of the “Regulation (Prohibition) of

Movement (On certain grounds) Act, 2021” and the government orders

issued thereunder.

3. Recognize the State Government’s right to regulate movement for the

protection of public health, environment, and maintenance of law and order.

4. Acknowledge the State Government’s efforts towards sustainable

development by balancing industrialization with environmental protection.

5. Grant any other relief that this Honorable Court deems fit in the interest of

justice.

Dated this ..... day of March 2024

For the Respondent

S/d

Counsels for the Respondent