MOOT PROPOSITION:

1. That Indike is a Country having a rich heritage and culture situated in centre of Asian
Continent. The Country is inhabited by people of various race, descent, language,
culture and having an impetus to be a superpower by the year 2040.
2. That Indike is surrounded by volatile neighbours, despite best reasonable steps civil
rebellion, insurgency, security threats including internal disturbance and external
aggression loom large time and again causing micro level damage to persons and
property at the hands of vested interest taking a toil on the Nation as well as its economy
of Indike.
3. That due to emergence of AI in day to day life including using the same for the purpose
of generating deep fake videos and photos with the aid and impetus from foreign powers
including neighbours in order to wreck the economy and morale of the Citizens of
Indike. With such ulterior and vendetta modus the community and society at large was
flooded with explicit photos and videos of Citizens as well as celebrities in various
arena of life whose individual identity/photos/ standing in the society was used for the
purpose of extortion of money/ honey trap/ immoral trafficking/ indecent representation
of women/minor girls and children and blackmail with threat of dissemination of
explicit material privy to them.

4. That organised cartel/s and coterie sprung up in nook and corner of the country by
illegal use of AI, wrongful gain was made by Cartel/s and coterie by causing wrongful
loss to various persons. The incidence of revenue collected by use of AI for the above
traversed illegal purpose was around 1 billion $ as per conservative estimate alone, the
statutory agency assumes that the same could be twice of the said amount.

5. That unfettered access to Platform such as WhatsApp, Telegram, Instagram, Facebook,

6. That the President, Union of Indike by taking into consideration the said fact of chaos
promulgated an ordinance under the auspices of the Constitution of Indike by virtue of
which hand-held phones having either Android/IOS platforms were estopped from
using Apps having any foreign allegiance or stake including WhatsApp, Telegram, and
akin Platforms even otherwise, the said ordinance was in addition to prevailing
regulation in relation to AI in the State of Indike

7. That in order to cater to the general public and other phone users taking into
consideration on account of abundant caution and for the purpose of both internal and
 external security of Indike, the Union Home Ministry developed an App called as
‘Yodha’ which worked on similar lines like WhatsApp/Telegram, etc.

8. That by virtue of the said ordinance, no other similar messaging Platform was available
on Android/IOS Platforms. That in support of the said ordinance various other
developing countries stands were taken prior in time similar to Huaxia, an immediate
neighbour also had similar embargo as well as in military State of North Korea and
Iran. That wide spread publication and information about the said ordinance was given
in media including National and Vernacular dalies including the manner of operation of
the same.

9. That with the introduction of the App ‘Yodha’, there was drastic and considerable
downfall in extortion of money/ honey trap/ immoral trafficking/ indecent
representation of women/minor girls and children to the extent of nearly 90% therein
as well as protection of classified and official secrets.

10. That the App developed by the Union Home Ministry was designed in such a manner
that an officer not below the rank of a DYSP/Assistant Commissioner of Police could
seek access to the chats including audio, video and still photographs for the purpose of
thwarting any threat to the Indike Nation subject to notifying and taking consent of the
Superintendent of Police and they had to operate taking into consideration subjective
and objective preamble of the said ordinance.

11. That the Citizen/inhabitants of Indike having no other alternative were obligated in law
to download and use the said App. That the Nation is thronged by youngsters between
the age of 16-25 who man up to nearly 60% of the population, the youngsters despite
being aware of the consequence of their chats being accessed by the instrumentality of
State without care or caution proposed to share and disseminate various
explicit/adult/obscene audio, video and still photographs.

12. That Adao, a charismatic and sybarite resident of State of Indraprastha wooed Maya
and many other women proclaiming love and manipulating the situation, inducing them
to share explicit unclad videos/ photos as well as various other videos of compromising
acts with Adao, promising to keep it in trust the said various explicit/adult and obscene
videos and photographs belonging to them, lured by Adult websites, he shared the same
for illegal gratification.

The said videos and still photographs thronged the social platform, all such women
including Maya and others were put to shame in personam and in rem by people on
the Social Platform who had access to the said videos and photographs. That many of
them sought to end their life in the most brutal and horrific manner overcome by
shame, ridicule, agony, humiliation, etc.
13. That Rakshak, an NGO aided and supported by foreign powers, taking into
consideration the mass deaths and victimization sought to challenge the said ordinance
before the Supreme Court of Indike advocating violation of Article 14, 19, 21 by filing
social action litigation under Article 32 of Constitution of Indike

The grouse of Rakshak was that right to privacy and human dignity espoused by the
Constitution of Indike and Protection of Human Rights, 1993 stood violated by systematic
design of the State to have access to personal life of individuals under the guise and embargo
of safety and security of the Nation and sought for quashing the ordinance bearing No.
0000/2/2025 issued by the President of Indike dated 14.02.2025 as being ultravires and
unconstitutional and sought for class action damages to a tune of Rs. 50 crores. The Hon’ble
Apex Court has issued notice to the Respondents for their say and for final hearing after
admitting the said plea.

14. That Maya filed a private complaint for violation of Section 294, 316 of Indike Nyaya Sanhita
Act, 2023 read with supplemental aid from IT Act including under Section 67 therein arraying
the President of Indike, the Union Home Minister, and Adoa as accused persons citing that
they were aware of the repercussion of the said ordinance and violated individual liberty with
a vested design including political agenda to snoop on their opponents.

15. The concerned accused persons excluding Adoa preferred a Writ Petition in the High Court of
Indraprastha seeking for quashing of the said Complaint, the said Complaint and the Petition
received extensive media coverage, against the said backdrop, the Hon’ble Supreme Court of
Indike transferred unto itself the said Writ Petition for the purpose of adjudication taking into
consideration the legal complexities and sensitives of the instant case and Suo motu stayed all
further proceedings in relation to the said proceedings in relation to said Complaint.

16. That Adoa similarly filed a Criminal Petition for quashing of the Compliant filed by Maya
under Section 528 of Indike Nagarik Suraksha Sanhita, 2023 before the High Court of
Indraprastha, the High Court Indraprastha taking into consideration various material facts and
law dismissed the same with cost of Rs. 10,00,000/- as against which, Adao preferred Special
Leave Petition (Criminal) before the Supreme Court of Indike which also came to be
dismissed, as against which a review petition was preferred by him, which is pending for
adjudication. All the matters by virtue of Article 142 of the Constitution of Indike have been
clubbed together, but for the review petition the other two matters have been admitted and
kept pending for final adjudication and review Petition is set out for further hearing.
 ISSUES
1. Whether Indike in the present context of time and space is justified to intervene into privacy of
individual under the guise of thwarting internal disturbance and external aggression.
2. Whether a State is justified in providing the App “Yodha” to its citizen in the light of Article
14, 19 and 21 of the Constitution of Indike.
3. Whether the class action damages sought by Rakshak is permissible in law.

*Note – The participants are free to add any issue(s) which they may deem fit in
addition to the above-mentioned issues. It is however to be noted that the above issues
need to be compulsorily addressed. *

Disclaimer:
The All-India Moot Court Competition presented here is entirely fictitious and serves solely
as an educational exercise for law students participating across India. Any resemblance to
actual persons, living or deceased, events, entities, or jurisdictions is purely coincidental.
The laws of the Union of Indike are construed in parallel with those of the Union of India
for the purposes of this simulation. Teams are authorized to introduce additional legal issues
as necessary. The Moot Court Competition provides a constructive arena for law students
to refine their analytical capabilities, thereby equipping them adequately for their
forthcoming responsibilities within the bar and bench, fostering their ability to serve with
utmost proficiency.
We are honored to unveil the moot problem for the competition, meticulously drafted by
Dr. M. Sunil Sastry, a distinguished Advocate at the High Court of Karnataka. Participants
are strictly admonish to refrain from contacting [Link] regarding the moot proposition.
Any such attempt before the conclusion of the competition will lead to immediate
disqualification.