Memorial Problem

MOOT PROBLEM
1. Mr. Akbaruddin is a human rights activist in the state of Ethiopia. He is a visiting

Professor in one of the most prestigious Universities named “Wing Ham” in China and has
many publications to his credit in the field of international human rights (IHLR) and
international humanitarian laws (IHL) including war crimes, genocide, crimes against women
etc. He has won many accolades for his research and work in the said field.
2. In 2012, Mr. Akbaruddin created a YouTube channel named “End the Atrocities” and over
the course of time, Mr. Akbaruddin has uploaded numerous videos/vlogs covering wide range
of issues plaguing the field of IHL and IHRL. He slowly became an internet sensation and
has about 50 Million subscribers across the world. Mr. Akbaruddin used to visit different
nations to cover key stories for his vlogs and met different people, understood different
cultures, traditions etc.
3. In 2018, an OTT platform based out of Chinaapproached Mr. Akbaruddin to prepare a

documentary on the issues of communal disharmony and tensions prevailing in different
states of India. It was agreed with the OTT Platform that while the trailer of the documentary
will be uploaded on Mr. Akbaruddin’s YouTube channel, the full documentary will be
streamed only through the OTT platform. For purposes of the documentary, Mr. Akbaruddin
was required to stay in India for over 6 months, interact with people living in the violence hit
areas in the past and understand ground realities, alongside documenting it.
4. In January 2019, Mr. Akbaruddin came to India and came in touch with a local guide in
Delhi who agreed to take Mr. Akbaruddin to areas where communal violence and riots took
place in the past. This included (i) Mumbai, (ii) Muzaffarnagar, (iii) Odisha’s Kandhamal,
(iv) Kashmir, (v) Gujarat etc. By July 2019, Mr. Akbaruddin could complete the
documentary and returned back to his country. The documentary was shared with the OTT
platform, which decided to stream it by December 2019 after post-production formalities.
5. The trailer of the documentary was released on 15.12.2019. The trailer received massive
views breaking all records of YouTube history for number of views in a day and also in one
single week. The contents of the trailer inter alia saw Mr. Akbaruddin allegingseveral
political minds, religious leaders and state machineryfor being the mastermind behind
numerous riots in India. Many conspiracies of instigating violence and disruption of law and
order were indicated. As an epilogue to the trailer, Mr. Akbaruddin stated that such dreaded
criminals ought to be punished in the way they deserve. The trailer drew international
media’s flak towards India. Domestic media and human rights activist started demanding SIT
probes into each of the allegations. The Indian Government requested YouTube to take down
the trailer. In response, YouTube refused to take it down and replied that none of its content
policy norms were violated and hence it was not possible for YouTube to remove the trailer
from its end.
6. The documentary was released on the OTT platform.It detailed the allegations, the mode
and manner in which the alleged offences were committed etc. Within a week of the release
of the documentary, wide-spread protests and unrest erupted though out India. There were
attacks on the offices of ex officio ministers named in the trailer. Several police stations and
their vehicles were burnt in conflict affected areas.Centres of many religious groups alleged
of disrupting public order and instigating violence were vandalized by unidentified mob. At
least 6-7 states were affected due to vandalism and rioting within 1 week of release of the
trailer. Government of India banned the OTT platform in the country within 2 weeks of the
release of the documentary citing maintenance of public safety and order.
7. On 20thFebruary 2020, the Indian Government in collaboration with several countries of

the African Union organized an International Seminar on IHL issues. Ethiopia nominated Mr.
Akbaruddin as its delegate and sent him to India as a Panel Speaker for the Seminar. The
event was scheduled atJus Dicere University, New Delhi. Mr. Akbaruddin delivered a talk on
IHL issues and also discussed about his latest documentary at the Seminar.On his way back
to his hotel in Delhi, Mr. Akbaruddin was arrested by the local police and was not allowed to
fly back to Ethiopia.
8. The Delhi Police registered a suo motu FIR and Mr. Akbaruddin was inter alia charged
with the offences of sedition, instigating riots and communal violence in the state.He was
produced before the local magistrate and police remand was granted for 14 days for effective
interrogation.
9. Mr. Akbaruddin approached the High Court of Delhi praying for quashing of the FIR and
his immediate release. Jurisdiction of Indian Courts to try the offence was inter alia
questioned since neither the trailer nor the documentary was streamed from any platform
based in India. Republic of Ethiopia filed an Impleadment Application and inter alia claimed
that Mr. Akbaruddin ought not to be prosecuted in India due to operation of diplomatic
immunity. Issues of free and fair trial were also raised.Per contra, Counsel for Delhi Police
and Additional Solicitor General opposed the Petition inter alia claiming that the same is
premature and that Indian courts have the jurisdiction to try the matter since the effect and the
implication of the offences in question lies within the territory of India. Holding that there in
no prima facie case made out by the Petitioner, the Delhi High Court dismissed the quashing
Petition and relegated the parties for commencement of trial once the investigation is over.
10. Aggrieved by the said order, both Mr. Akbaruddin and Republic of Ethiopia filed Appeals
before the Supreme Court. In the meantime, a Petition was also filed by an NGO seeking
directions for regulations being framed for screening and censorship of YouTube and OTT
content in the country.Separately, the OTT platform has also filed a Petition challenging the
ban by Government of India. All these matters are clubbed and are listed for admission and
final hearing on the same date.
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MOOT PROBLEM

1. Mr. Akbaruddin is a human rights activist in the state of Ethiopia. He is a visiting

3. In 2018, an OTT platform based out of Chinaapproached Mr. Akbaruddin to prepare a

7. On 20thFebruary 2020, the Indian Government in collaboration with several countries of

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