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Moot Problem - 3

Moot

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Anugya Shukla
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24 views

Moot Problem - 3

Moot

Uploaded by

Anugya Shukla
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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MOOT PROBLEM - 3

1. Syndia is a country located in the southern part of the continent Basia. ‘Syndu’ is a
religion which originated in Syndia with majority of the individuals from this country
practicing the same. However, the land acted as an abode to various other religions as
well.
2. Within Syndia, in the State of Karnarajya, there was a religious structure of the ‘Ajax’
religion. It was owned by a private trust and was situated in the city of Arjunpur. One
of the widely practiced customs of this religion was of animal sacrifice. As per the
locals, on every alternate day, a dog was sacrificed in the structure during the early
hours of morning. In certain cases, sacrifices were done as early as 4:00 am which in
turn generated a lot of noise with the wailing and squealing of the animal. This had
disturbed a lot of Syndus who were living in the periphery of the structure, who in
turn had notified the head of the trust and a prominent religious figure of the Ajax
religion, Ms. Fatima D’Souza, regarding their inconvenience. On 9th March 2019, in
order to resolve the issue, the Syndu organisation ‘Cruento’, which consisted of
Syndu women led by Ms. Anshika Mondal entered the inner sanctum of the structure
in spite of being warned by the guards and stopped the ceremony from proceeding.
Ms. D’Souza sternly ordered the Syndu women to move out as it amounted to
violating and defiling their place of worship. As per the Ajax religion, no person from
any other religion was allowed to enter the inner sanctum. If such an entry was done,
it would amount to the defilement of the religious structure and would further require
‘Shudhikaran’ (purification ceremonies) to reintroduce the religious structure for
public use.
3. The women, enraged by Ms D’Souza, gave some passionate interviews to a local
media outlet on the inconvenience caused by Ms D’Souza and her group. These
interviews shortly went viral with a lot of people claiming to have the same problem
with the group in question.
4. Ms D’Souza infuriated with this sudden shift of narrative, referred to Ms Anshika
Mondal, along with the Syndu women, as “disgusting Syndu roaches being led by an
unprincipled swine masquerading as a leader” in her own interview with a media
outlet. This statement spread like wildfire throughout the country.
5. On the day of 25th March 2019, a large group of Syndu women gathered outside the
structure headed by Ms. D’Souza to protest against her statements. In response to this,
a group of Ajax followers responded with intense sloganeering. Fearing a riot, the
Government sealed the structure temporarily.
6. On the subsequent day, Ms. Mondal filed a case in the Arjunpur City Civil Court
against Ms. D’Souza, claiming that her right to reputation was tarnished by the vile
statements made by Ms. D’Souza. At the same time, Ms D’Souza filed a plaint on
behalf of the trust alleging that Ms Mondal conspired with her followers and
trespassed on their property, defiling their place of worship. She further claimed that
in order to purify their place of worship, it would require a Shudhikaran ceremony the
cost of which should be borne by the Defendant. The City Civil Court, for the purpose
of expeditious proceedings, clubbed the two Plaints to be heard together using its
inherent powers. After hearing the arguments, the Hon’ble Arjunpur City Civil Court
held that Ms D’Souza is liable to pay damages to Ms Mondal and, at the same time,
dismissed the Plaint filed by Ms D’Souza on merit. Ms D’Souza appealed this order
in the High Court of Karnarajya, however the High Court also dismissed the appeal.
Ms D’Souza moved to the Supreme Court of Syndia and appealed this order.

The case of Ms. Fatima D’Souza v. Ms. Anshika Mondal is listed before the Divisional Bench
of the Supreme Court of Syndia for a final hearing on 28th Nov. 2024. The respective counsels
are expected to submit their considerations on the following issues: -

1. Whether Ms. Mondal is liable to pay damages to Ms. D’Souza for committing
trespass?
2. Whether Ms. D’Souza is liable to pay damages to Ms. Mondal for committing
defamation?

The laws of Syndia are pari materia with the laws of the Republic of India.

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