Statement of facts

1. The Union of Masoba, is a sovereign, socialist, secular, democratic and republic

2. In February 2020, The Central Bureau of Investigation (CBI) arrested a couple who
were residents of Shombada, second most populous city of Masoba, for running a
racket involving circulation of child sexual abuse material (CSAM) on the internet.
The CBI charged both the accused under Section 14 and 15 of the Protection of
Children from Sexual Offences Act, 2012, for the use of child for pornographic
purposes and under section 67B of the Information Technology Act, 2000 for
publishing or transmitting of material depicting children in sexually explicit act,
etc. in electronic form. While the probe agency did not reveal the identity and exact
location of the accused, the couple was identified as tenants of a flat owned by a
famous movie star, Vareena Patoor in Star Dust Society. Soon Ms. Patoor was
summoned by the probe agency to investigate her involvement in the racket. In a
statement issued by Ms. Patoor, she stated that the matters related to the tenancy
are managed by her Manager and she has nothing to do whatsoever with the heinous
act that has allegedly been taking place in a flat owned by her.

3. The media houses started to run the story about Ms. Patoor’s involvement in the
racket at their prime time shows. Soon, several known media houses, such as, Parso
Tak, Pee News, Desh Samachar, Jagat Jane and BSTV started to hold debates on
the issue. Many individuals who had previously worked for Ms. Patoor as her
manager or PR agent were invited on these news channels to hold discussions about
Ms. Patoor’s habits of drinking, smoking and her behavior towards children and in
general. The teasers played before the debates on these shows were more often than
not suggestive of her involvement in the crime where scenes from Ms. Patoor’s
movie are taken, wherein she is playing a role of schizophrenic kidnapper of a child.
The discussion on these shows were held with the hashtags such #MakdiGayiPakdi,
because of Ms. Patoor’s character name in one of her movies, and #PatoorKiFitoor
etc. Several confidential and key details like CCTV footage of Ms. Patoor visiting
her rented flat, where the racket was operated, and other such entry details in the
society register, where the flat is located were leaked by the media channels. The
security guards of the Star Dust society were interviewed by the channel to
investigate about the frequency of Ms. Patoor’s visit to the flat.

Moot Problem has been drafted by Mr. Abhikalp Pratap Singh & Ms. Barkha Dwivedi
4. One day, during the shooting of a movie starring Ms. Patoor, demonstrators from
Nanhi Jaan Foundation and other such foundations reached on the sets of the movie.
The hashtags/slogans from the news channels were being shouted and were also
displayed by the demonstrators on a board. In an attempt to evacuate Ms. Patoor
from the sets, a scuffle between the bodyguards of Ms. Patoor and the
demonstrators took place. Ms. Patoor was also injured as a result of the scuffle.

5. Ms. Patoor, after this incident, approached the Attorney General of Masoba for the
written consent to enable her to file a Petition under Section 15 (1)(b) of the
Contempt of Court Act, 1971 before the Hon’ble Supreme Court of Masoba for
initiation of contempt proceedings against the proprietors of the Parso Tak, Pee
News, Desh Samachar, Jagat Jane and BSTV Media Houses. Ms. Patoor submitted
in her application that trial by media on issues which are under investigation is
interference with the due administration of justice, thereby constituting criminal
contempt under in section 2(c)(iii) of the Contempt of Courts Act, 1971. However,
since the Attorney General denied his consent for the said application without any
reasonable justification, Ms. Patoor filed a Writ Petiton under Article 32 of the
Constitution of Masoba to quash the decision of the Attorney General for
unreasonably withholding the consent to the petitioner for filing the petition.

6. Soon after a Public Interest litigation (PIL) is filed by a foundation called Ray of
Justice through its authorized signatory Senior Advocate, Ms. Sanjica Mansingh,
against the Union of Masoba and Press Council of Masoba to issue a Writ to the
Respondents for ensuring that the Media Houses do not hold media trials in the
garb of investigative journalism. It was submitted that such media trials prejudice
the right to a fair trial of a suspect or accused under Article 21 of the Constitution
of Masoba from the time when the criminal proceedings in a subordinate court are
imminent or where suspect is arrested. The Supreme Court admitted the PIL (W.P.
(C) No. 0007 of 2021).

7. Considering the similarity in both the petitions, the Hon’ble Court agreed to club
petition filed by Ms. Patoor and Ray of Justice Foundation and decided to hear them
together. The Supreme Court has posted the matters for final hearing. The issues
before the Hon’ble Supreme Court are:

(i) Whether the Writ Petition seeking to quash the decision of the Attorney
General for unreasonably withholding the consent to the Petitioner for filing
the petition is maintainable?

Moot Problem has been drafted by Mr. Abhikalp Pratap Singh & Ms. Barkha Dwivedi
 (ii) Whether media trial during an ongoing investigation may lead to impair the
administration of justice under 2(c)(iii) of the Contempt of Courts Act,
1971?
(iii) Whether the media reporting should be regulated on the premise that the
same may prejudice the right to a fair trial of a suspect or accused under
Article 21 of the Constitution of Masoba?

NOTE: Laws in Union of Masoba are ‘pari materia’ to Laws in Union of India.

Moot Problem has been drafted by Mr. Abhikalp Pratap Singh & Ms. Barkha Dwivedi