Moot Proposition

1. Mr. Shamsuddin Malik is a human rights activist in the state of Algeria. He is a visiting Professor in one of the
most prestigious Universities named “Xu Hou University” 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. Malik created a YouTube channel named “End the Atrocities” and over the course of time, Mr.
Malik 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. Malik 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. Malik 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. Malik’s YouTube channel, the full documentary
will be streamed only through theOTT platform. For purposes of the documentary, Mr. Malik 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. Malik came to India and came in touch with a local guide in Delhi who agreed to take Mr. Malik
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. Malik 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. Malik 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. Malik 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. Algeria nominated Mr. Malik 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. Malik
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. Malik was arrested by the local police and was not allowed to fly back to Algeria.
8. The Delhi Police registered a suo motu FIR and Mr. Malik 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. Malik 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 Algeria filed an Impleadment Application
and inter alia claimed that Mr. Malik 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. Malik and Republic of Algeria 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.

This is drafted by Mr. Saunak Rajguru, Associate, J. Sagar Associates, New Delhi. Any attempt to contact him with respect
to this competition may amount to disqualification.

CONNECT WITH US

Ms. Kuhoo Bajpai Mr. Parag Agrawal

+91 84333 93750 +91 84484 4395

Email : moot@jusdicere.co.in