MOOT PROPOSITION 'A'

22ND M.C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT

COURT COMPETITION, 2015

Gulrak Stark

Petitioner

v.
State of Arcadia and Others

Respondents

1.

The province of Arcadia is an economically advanced but highly agriculturebased society located in the Targaryen Union. The Arcadian economy relies
heavily on marine agriculture i.e. the cultivation of the Kingslayer weed that
grows in shallow water. Kingslayer is locally consumed and also exported to
other areas of the Targaryen Union. The cultivation of Kingslayer was historically
disorganized and conducted in the open sea. A key element in the cultivation is
the Whitewalker fish. The spawning process of the Whitewalkers had the side
effect of distributing Kingslayer seeds and thereby sowing a new crop of
Kingslayer. Whitewalkers however are therefore only effective in sowing
Kingslayer when they are capable of reproducing, after which they cease to be of
use- a phase commonly known as the Long Night. The Whitewalkers thus
became closely associated with the culture of Arcadia and were not eaten by
many Arcadians (especially those from farming backgrounds). Wild
Whitewalkers spend the most of their lives in the deeps sea outside the
territorial waters of the Targaryen Union, but within its exclusive Economic
Zone. But spend the spawning period exclusively near the shoreline.

2.

Over time the cultivation of Kingslayer became more organized. By the 1980s,
virtually the entire production of Kingslayer shifted to saline inland ponds. Some
small farms however still remained in the open sea. Whitewalkers were usually
bred in the same ponds as they were still used in order to sow Kingslayer.
However, as technology progressed, the use of the Whitewalkers reduced as
mechanized sowing machines became more affordable. Many small farmers still
however use Whitewalkers as they are cheaper to purchase than sowing
machines. Furthermore, as Whitewalker meat is consumed in the Targaryen
Union it provides farmers with an additional source of income. However, the
Whitewalkers bred in ponds though extremely healthy are not as highly valued
for their meat as Whitewalkers caught in the wild. The best edible Whitewalkers
are thus usually caught in the deep sea. Almost exclusively a community called

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MOOT PROPOSITION 'A'

22ND M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2015

the First Men conducts the fishing of Whitewakers in Arcadia and neighboring
provinces.
3.

In 1978 the Arcadian Nationalist Party, led by Jaideep Lannister won a

substantial number of seats in the Targaryen Parliament. The said party was
founded promising to protect traditional Arcadian values from the cultural
hegemony of the rest of the Targaryen Union. As a part of the ruling coalition, the
Arcadian Nationalist Party ensured the passing of a legislation that successfully
amended the Targaryen Constitution to insert a new Article 48A. Article 48A
reads as under:

48A. Organisation of marine agriculture and fish farming: The State shall endeavour to
organise marine agriculture and fish farming on modern and scientific lines and
shall, in particular, take steps for preserving and improving the breeds, and
prohibiting the slaughter, of the whitewalker fish and other such productive fish.

4.

The Constitutionality of the said amendment was challenged but was ultimately
rejected by the Targaryen Supreme Court. A part of the reasoning of the
Targaryen Supreme Court included the fact that Article 48A was in pari materia
with Article 48 of the Constitution of India (The laws of India are identical to
those of the Targaryen Union, and Indian Court judgments are considered
binding).

5.

In 2014, the Arcadian Nationalist Party swept to power in the Arcadian

provincial elections. In January 2015, the Arcadian state legislative assembly
passed the The Kingslayer and Whitewalker Protection Act (The K&W Act),
2015. The said Act prohibited the killing of Whitewalkers in the state of Arcadia
unless the Whitewalkers were certified to have entered The Long Night or were
otherwise not longer useful for sowing Kingslayer. The statement of objects and
reasons of the Act stated that it was for the protection of the livelihood of
traditional Kingslayer farmers and in furtherance of Article 48A of the Targaryen
Constitution. Jaideep Lannister, the Chief Minister of Arcadia announced that the
Arcadian government would freely grant certificates to fishermen from Arcadia
(and especially the First Men) who fished for wild Whitewalkers. Indeed he
Government followed up on this pledge so while Jaideep Lannister remained in
power. The said Bill received presidential assent, and was notified on 3rd March
2015.

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MOOT PROPOSITION 'A'

22ND M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2015

6.

The relevant part of the K&A Act is extracted as under:

Section 3:
(1) Notwithstanding anything contained in any law for the time being in force or
any usage or custom to the contrary, no person shall kill or cause to be killed any
whitewalker in any place in the State of Arcadia, unless he has obtained a
certificate in writing from the competent authority.
(2) No certificate shall be granted under sub-section (1), if in the opinion of the
competent authority the person applying for the certificate is likely to kill or cause
to be killed:
(a) a whitewalker, which is economical for the purpose of marine agricultural
operations and the sowing of kingslayer.
Section 4:
(1) The police may, subject to the provisions of this Act, enter any place and seize
any property that is used to slaughter any Whitewalker in respect of which no
certificate is granted under the Act.

7.

As a result of this the price of Whitewalker meat in Arcadia skyrocketed and a

black market of illegally slaughtered fish thrived. Many doctors express concern
that persons of reasonable means were deprived of a rich source of protein.

8.

The right wing of the Arcadian Nationalist Party grew more and more unhappy
with the K&W Act they felt it did not go far enough to protect the cultural
heritage of Arcadia, and in particular the national fish of Arcadia from the being
tortured and butchered by Targaryens and quisling Arcadians.

9.

The right wing therefore engineered the replacement of Jaideep Lannister with
Gaurav Clegane as Chief Minister in mid May 2015. Immediately thereafter, the
government of Arcadia stopped granting certificates to the First Men and others
to fish for wild Whitewalkers. All of these applications were summarily rejected
on the grounds that all Whitewakers (both male and female) contributed to the
sowing of Kingslayer in some way. The state assembly of Arcadia also passed the
K&W (Amendment) Act amending the K&W Act on 15th June, 2015, which
received Presidential assent the next day. It was notified and became law on 18th
June 2015. The amended act outlawed the possession of Whitewalker meat, and
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MOOT PROPOSITION 'A'

22ND M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2015

made the same a criminal offence punishable with imprisonment. Some of the
relevant new sections introduced by the amendment act are as under:
Section 5 (Section 2 of the Amendment Act):
5 (a) (1) No person acting in contravention of the provisions of this Act, shall
transport or arrange a transport of a Whitewalker from any within the state to any
place outside the state, for the purpose of slaughter or with a knowledge that it
may be slaughtered.
(2) No person acting in contravention of the provisions of this Act, personally or
through his agent, representative, servant or any such other person acting on
behalf of him export or import any Whitewalker outside the state of Arcadia.
(b) No person shall purchase or sell or dispose of any Whitewalker for slaughter or
with the knowledge that it may be slaughtered.
(c) Notwithstanding anything contained in this law for the time being in force, no
person shall, in contravention of the provisions of this act, possess (keep in custody)
meat of any Whitewalker.
(d) No person shall possess the meat of any Whitewalker slaughtered outside the
state of Maharashtra.

Section 6 (Section 3 of the Amendment Act):

6. Whoever contravenes the provisions of section 5 shall be punished with an

imprisonment of for the term which may extend to one year after conviction or
with a fine which may extend to rupees one thousand.

10.

Ms.Gulgrak Stark is a firebrand Arcadian from the Radical Liberal Party that is
the principal opposition to the Arcadian Nationalist Party. She has been at the
forefront of the environmental protection movement in Arcadia and through her
grassroots activism (including an incident when she destroyed the equipment of
a logging company that was illegally felling trees and destroying the natural
habitat) is partly credited with saving the endangered arcadian wolf species.
Ms.Stark freely admitted to her part in the destruction of the property, and infact
courted arrest. However, due to her public popularity she was never prosecuted.

11.

On 19th June, Ms. Stark announced in a press conference that the new measures
by the Arcadian government violated the human rights of every Targaryan
citizen. She stated that the Arcadian government had been taken over by
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MOOT PROPOSITION 'A'

22ND M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2015

mindless radicals and had violated its promise not enforce the provisions of the
The Kingslayer and Whitewalker Protection Act against fishermen. She further
stated that it was no use trying to reason or plead with the current Arcadian
administration and the recourse for the silent majority of Arcadians is both the
High Court of Arcadia and open defiance of the law. On the very next day she
filed a Public Interest Litigation alleging violation of her fundamental rights,
those of every Targaryan citizen, as well as those of the First Men, Ms.Stark filed
a Public Interest litigation (as she alleged both violation of her rights as well as
those of Arcadian fishermen) in the Arcadian High Court which inter alia sought
the following reliefs:
That this Honble Court be pleased to:
a)

By a writ of certiorari or any other writ quash and set aside the Kingslayer
and Whitewalker Protection Act, 1996;

b)

By a writ of certiorari or any other writ quash and set aside the
Kingslayer and Whitewalker Protection (Amendment) Act;

c)

By a writ of Mandamus direct the Govt. of Arcadia to grant slaughter

certificates to fishermen of Arcadia who fish for Whitewalkers when they
are not spawning;

d)

For interim and ad-interim reliefs in terms of prayer clauses (a), (b), and c),
above;

e)

For any other reliefs that this Honble Court deem appropriate.

12.

The said PIL has now been placed for hearing and final disposal at the interim
stage before a division bench of the High Court of Arcadia.

13.

The Targaryan Constitution is in all respects (save for Article 48A) the same as
the Constitution of India. Similarly all laws in the Targaryan Union are the same
as in India. Judgments of the Indian Supreme Court (and other Courts) are
treated as binding on Targaryan Courts (including the Targaryan Supreme
Court) in the same manner as an Indian court would be bound. All rules and
circulars of the High Court of Arcadia are the same as that of the Bombay High
Court.

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