RGNUL Intra Moot Court Competition, 2017

Clarifications

Question Clarifications sought Clarifications Replied

No

1. Materially, the settled law is that the ratio of a It is needless to say the
particular judgment is binding only when there are Westeros is a fictitious
no material differences in factual circumstances country so is the sport of
surrounding the need to legally adjudicate the two oont dangal. The only
scenarios. If in case there is, the judgment is totally resemblance Westeros has to
inapplicable. The Judgment of AWBI v. M. India is in terms of Laws
Nagarajan was primarily based on a lot of factual which are pari materia. All
considerations (Injuries, Deaths, Public safety other resemblances are mere
issues) which are prima facie absent in the present accidental not intentional in
proposition. Therefore, should we assume the nature.
presence of all those material facts in our case as
well, is an important clarification to be made.

2. Now, following the already established principles of The word legal is to be

the legality of Ordinances, whether the sentence 'All added before the word
the formalities with respect ordinance was duly formalities in the last line of
complied by the state of Laninsport' includes the para 8. Thus, the line for the
assent of President of Westeros? purpose of competition shall
be referred and read as the
following:

All the legal formalities

with respect to the
ordinance was duly
complied by the state of
Lannisport.

3. To have a fair case to argue and defend the It is the point of research and
Ordinance, it is essential to know at least the outline a question of law. Further,
of the ordinance, i.e. something more than just the The contents of para no. 8
 statement of objects and purpose since as per the with respect to the ordinance
settled Indian law, if an ordinance has the effect of are self-evident. Hence,
taking the force of a judgement of a Court (which is needs no clarifications.
the instance case) then it can be done so, however,
mandatorily two conditions are to met (Refer ST
Sadiq v. State of Kerala, 2015 4 SCC 400) which
can only be determined by knowing the actual
content of the ordinance since even by
assuming/proposing that the ordinance permits the
Oont Dangal, those two considerations cannot be
adjudicated upon (For reference, one of the
conditions to be met in such cases is that the
ordinance removes the legal defect found in the
judgement which cannot be determined fairly with
the details as provided in the Proposition).

4. There is a complete absence of factual matrix with Already Answered in

regard to cruelty over camels in terms of injuries, question no. 1. Further, the
deaths, procedural cruelty and related incidents contents of para no 2 and 3
which are essential to establish any fair arguments are self-explanatory with
of occurrence of cruelty. Having said this, the respect to exact procedure of
absence of exact procedure of the event, which was the event. Hence, needs no
one of the main ground for the decision on cruelty clarification.
in AWBI v. M. Nagarajan 2014, will only cause
irreparable harm to the case of Petitioner and
Respondent both.
5. Did the President give his assent to the Lannister Already answered in
Regulation of Oont Dangal Act? response to the question no.
2.

6. Was the notification of 2016 properly published in Irrelevant question. The

the national gazette? language of para no. 8 is clear
and unambiguous. The
unclear and ambiguous
 language has already been
clarified in question no. 2.

7. Were there any casualties (animals and humans Irrelevant Question.

both) during the practice of Oont Dangal?
8. What were the formalities that were being duly It is the point of research.
complied with by the State of Lannisport for the Hence, needs no
ordinance passed by the Governor as mentioned in clarifications.
para 8 of the moot proposition?
9. Whether the guidelines issued by the Supreme Irrelevant query. There has
Court in its decision on Oont Dangal in the year been no guidelines issued by
2011 were being followed? the Supreme Court in the
year 2011.

10. Was the legislative assembly dissolved at the time of The query has already been
passing of ordinance by the governor? answered in question no. 2.

11. Were there any instructions from the president for The query has already been
issuing of the ordinance by the governor? answered in question no. 2.

12. Can you please throw some light on the various The contents of para no. 2
steps involved in this practice? and 3 are self-explanatory
and hence needs no
clarifications.

13. Are any excesses committed on the camels during The question requires a deep
Oont Dangal or any harm or bodily injury inflicted and holistic approach by the
on them? If yes, can you please elaborate the participant to understand the
excesses? moot proposition. No
Clarification is necessary
with this regard.

14. What are the cruelties inflicted on camels as It is the point of research,
mentioned in para 4? needs no clarification.
15. Were camels brought within the ambit of the law There has not been any
on cruelty to animals as was asked by the Court? (as amendment made by the
mentioned in para 6) Central Government.

16. What were the conditions under which the MoEF The conditions are merely
permitted the continuation of the tradition? (as administrative in nature to
mentioned in para 8) permit the tradition in a
controlled legal framework.

17. Were the camels that were used in Oont Dangal The question has already
registered in accordance with the 2011 guidelines of been answered in response
the Supreme Court? to question no. 9.

18. What specifically are the certain conditions under The question has already
which the government has effectively ended the ban been answered in response
on oont dangal? to question no. 16.

19. Please let us know if the Prevention of Cruelty to All Laws in force in India on
Animals Act, 1960 is to be used pre or post the 2017 the date of notification of
amendment which enables special provisions for RGNUL Intra Moot
Jallikattu. Competition, 2017 shall be
deemed to be in force in
Westeros.

20. Did the supreme court in 2014 struck down the No.
state law due to the infliction of unnecessary pain
on rajwadi camels?
21. What was the primary reason for banning oont The reasoning of the court
dangal given by the apex court in 2014? stated that it is in conflict
with the existing laws.

22. What is the nature of the case filed by ABW in Para This is a question of Law and
4 of the Moot Proposition? point of research hence
needs no clarification.
23. What exactly does the festival or event of 'Oont- Already answered in
Dangal' involve, since the language in Para 2 of the question no. 12.
Moot Proposition is ambiguous and does not reveal
the exact nature of the same.
24. i want to clarify who all are the parties from The facts in the moot
petitioner and defendant side? proposition are self-
is the animal welfare board and the House of explanatory.
Lannisters are both petitioners?

25. Paragraph 8 of the prop states that the Ministry of

This is the question of law
Environment and Forests, through a notification, and point of research by the
permitted the continuation of oont -dangal, with teams. Hence, needs no
certain restrictions however.
clarification.
Does this imply that the ban of camels as
performing animals has officially been lifted? Have
camels been removed from the list maintained
under the PCA Act?
26. Is PETA as referred to in the moot prop analogous Irrelevant Question.
to the real world organisation People for the
Ethical Treatment of Animals. The crux of this
question being: Can the real world controversies
and scandals that PETA is/has been involved in be
used in the arguments?
27. Are Rajwadi camels an actual breed of camels? Yes, Rajwadi camels do exist
in the state of Lannisport.

28. What was the strength of the Bench of the Supreme Irrelevant question. Hence
Court which, in 2010, permitted Oont - Dangal needs no clarification.
with regulatory oversight and restriction?
Moreover, what was the basis of such a judgment?
Was it a constitutional challenge or a petition
challenging a statute or rule? Also is it related to the
protests led by FWAPA and PETA beginning circa
 2004 centered on cruelty to animals and public
safety?
29. Whether Lannisport Regulation of Oont ( )- Irrelevant Questions.
Dangal Act, Act No 35 of 2009 had the assent of
the president or not?
30. What is "natural nervousness"? The phrase is self-
explanatory in nature. Hence
needs no clarification.

31. Whether advice of AWB was taken by MoEF

Irrelevant question.
before issuing the notification in the year 2016?
32. What type of a camel is Rajwadi camel? It is a special breed of camel
found only the country
Westeros majorly in the state
of Lannisport.

33. whether the final clubbing includes also the case The facts in the proposition
filed by the 'Animal Welfare Board' in 2004, seeking are clear to the effect which
an outright ban on the ' Oont Dangal' event on the cases are clubbed for final
grounds of animal cruelty and public safety hearing. With respect to this,
there is no need for any
clarification

34. whether the final contest is just about the It is the point of research.
constitutionality of the central act, governor's Participants are requested to
ordinance and, whether or not the ban in the identify the issues
meantime is to be lifted ; or does it also remain to themselves. Hence, needs no
be argued whether the event of 'Oont Dangal' itself clarifications.
is unlawful.
35.
Whether the ordinance was promulgated as per the The question has already
instructions of the President? been answered in response
to question no. 2.
36.
Whether the term formalities (para 8 line 6) The question has already
covers any instruction issued by the President? been answered in response
question no. 2.

37.
Did the Supreme Court ban the OontDangal The question has been
festival in 2014 (para 6) on the ground of cruelty to answered in response to the
camels? question no. 21.

38.
Whether the event of Oont Dangal involved the sale The festival harvest feast
of tickets or not? involves entry for non-cerseian
speaking population by the
purchase of a ticket or
special passes.

39.
Under which parent legislation did the MoEF issue This question of law and
the notification in Jan 2016(para 8)? point of research. Hence,
needs no clarification.

40.
Was the 2011 MoEF Notification (para 6) Yes, 2016 notification was in
superseded by the notification dated Jan.2016 (para supersession of previous
8)? notification.

41.
Was the Prevention of Cruelty to Animals Act The language of para no. 8 is
amended by the ordinance (Para 8) promulgated by crystal clear and hence no
the governor of Lannisport? clarification is needed. Even
if there is any it has already
been provided in response to
question no. 2.

42.
Whether the Supreme Court order mentioned in Yes.
Para 6 is in the pursuit of case filed by Animal
Welfare Board of Westeros (Para 5)?
43.
Did the Centre made any amendment to bring There has not been any
camels within its ambit on the order of the Supreme amendment made by the
Court mentioned in Para 6? Central Government.

44.
Please clarify the line to bring camels within its This is the point of research.
ambit(Para-6). Under the ambit of what? Hence, needs no
clarification.

45.
Is Animal Welfare Board of India a statutory body? This is the question of law
and point of research. Hence
needs no clarification.

46.
Please mention the exact date when the notification Irrelevant query.
Jan 2016 specified in Para 8 was issued?

47.
Please mention the exact date on which the Irrelevant query.

ordinance was promulgated by the governor (Para

8)?

48.
Please mention the bench strength of the SC for Division Bench.
final adjudication?

49.
Whether additional issues can be raised? Participants are free to raise
all the issues connected with
the proposition as long as
they reflect, and are
necessary for arguing, key
issues in the proposition.

50.
What is the percentage of Lannister population The exact percentage has not
when compared to the remaining population in been computed by the State
Lannisport? of Lannisport. But Lannister
are in minority even in state
of Lannisport.
51.
What is the language spoken by the Lannisters? There is no specific name given to
the language spoken by them. But
it is very old dialect of Cersian
language.

52.
Was Presidential Assent obtained under Article 254 Already been answered in
(2) before passing the impugned Ordinance? response to question no. 2.

53.
Are the notifications and ordinances passed by the The meaning of the phrase
State and Central Governments of India to be laws of Westeros are pari
treated as the ones passed by Lannisport and materia with laws of India is
Westeros respectively in the moot proposition, unambiguous and hence
since notifications and ordinances form a part of the needs clarification.
law of a country and the laws of India and Westeros
are pari materia? If so, can the teams, for example,
present the notification posted by the MoEF of the
Government of India, as the one posted by the
MoEF of the Government of Westeros?

54.
Is it to be understood that a treaty or convention It is clarified that all the
that India has ratified or/and is a signatory of, that treaties which India has
Westeros has ratified the particular treaty or ratified or/and is a signatory
convention as well or/and is a signatory of? Since of, the same has been ratified
the laws of India and Westeros are pari materia, and or/and signed by the

Treaties and Conventions form a major part of Westeros.

International Law?

55.
What "formalities" are being referred to in line 6 of The question has been
Paragraph 8? Was the President's assent obtained by answered in response to the
the Governor and the State of Lannisport prior to question no. 2.
the promulgation of the special ordinance?
56.
What exactly is being referred to as 'embrace' in line It is the point of research and
7 of Paragraph 2 wrt Oont-Dangal? Is it taming of hence no clarification is
a Camel? Or is it fighting? Or is it both? necessary.

57.
Is the TNRJ Act, Act no. 27 of 2009 pari materia to Irrelevant query.
the Lannisport Regulation of Oont-Dangal Act, Act
no. 35 of 2009?

58. What is the meaning of word literally as used in Irrelevant query. Hence
paragraph no. 7 after the speech of Tyrion
needs no clarification.
Lannister?
59. Has the Centre approved the Ordinance issued by The query has already been
the State of Lannisport?
answered in response to
question no. 2.

60. What are the certain conditions for which Oont The question has already
Dangal has been granted permission to be been answered in response
conducted? to question no. 16.

61. Are the members of the NGO also Lannisters? Not all the Members of the
NGO are Lannisters.

62. Are Rajwadi camels the only camel used for Irrelevant query.
breeding purposes or are there other camels used
too and are the untamable strong camels Rajwadi
camels?
63. Does betting take place on the camels racing in Irrelevant query.
Oont Dangal?
64. Is the Harvest Festival a fair? The query has already been
answered in response to
question no. 38.

65. Are the Federation of Westeros Animal Protection No.

Agencies (FWAPA) and PETA Westeros parties to
 the petition filed by Animal Welfare Board of
Westeros?
66. Are the Lannisters a religious minority? No.

67. What is meant by 'special ordinance' as stated in Irrelevant query.

para 8 of the Fact sheet?
68. Whether presidential instructions/assent was The question has already
obtained for the ordinance promulgated by the state been answered in the
of Lannisport? response to question no. 2.

69. Para 2 of the factsheet mentions that 'wild Irrelevant query. Hence,
generations of camels are inherited to its next needs no clarification.
generation, even though these camels are
domesticated a very long time ago.' This statement
seems contradictory. Please clarify.
70. Was the entry to the event (Oont- dangal) based on The query has already been
sale of tickets or was the entry open to everyone? answered in response to
question no. 38.

71. The central law on cruelty to animals includes This is the point of research.
camels. Why has the court then directed it to amend Hence needs no clarification.
its laws?
72. What is meant by the word "embrace", used in Para This is the point of research.
2? Hence, needs no
clarification.

73. What is the veracity of the scientific studies and These studies are by
studies as mentioned in para 2, lines 17 and 18 respectable research
respectively?
institutes.

74. Is the Animal Board of Westeros (as mentioned in Yes.

Para 4) the same as Animal Welfare Board (as
mentioned in Para 5)?
75. Is Animal Board of Westeros formed in accordance This is the point of research.
with the provisions of Prevention of Cruelty to Hence needs no clarification.
Animals Act, 1960?
76. Are Lannisters an ethnic group or religious group? The question has already

been answered in response

to question no. 66.

77. What kind of minority are the Lannisters? The question has already
been answered in response
to question no. 66.

78. After the two petitions are clubbed, which party or This is the point of research
parties are the Petitioners and which are the and requires a thorough
Respondents? reading of proposition.
Hence needs no clarification.

79. Does the word domesticated (as mentioned in Para It is the point of research.
2, line 15) mean the same as the word domestic Hence, needs no
animal (as used in Section 2 (d) of The Prevention clarification.
of Cruelty to Animals Act, 1960)?
80. Are all Rajwadi Camels male? Irrelevant question.

81. In the Oont-Dangal event, are the participants Irrelevant query.

required to control (as mentioned in Para 3) or catch
(as mentioned in Para 4) the camel?
82. Did the special ordinance (as per Para 8), The query has already been
promulgated by the Governor of Lannisport, answered in response to
receive Presidential assent? question no. 2

83. Are the medical tests conducted without failure The contents of para no. 3
before every Oont-Dangal event on every camel as are clear and needs no
well as every participant? clarification.

84. What kind of petition has been filed by the House This is the point of research.
of Lannisport in the Supreme Court of Westeros? It needs no clarification.

85. Is the maintainability of the petitions clubbed by the The court will have its first
Supreme Court under question? hearing over the matter on
5th August 2017.
86. In reference to para 6, what is being implied by the This is the point of research.
court when it asked the Centre to amend its cruelty It needs no clarification.
laws? Which specific sections are being referred to?

87. What kind of minority is Lannisters? The question is already been

answered in response to
question no. 66.

88. When did the protests, mentioned in paragraph 7, The time line with respect to
take place? events is clear in the
proposition. It needs no
clarification.

89. What were the specifications of the conditions The question has already
mentioned in the January, 2016 notification by been answered in response
the Ministry of Environment and Forests (para 8)? to question no. 16.

90. Was the assent of the President taken before The question has already
promulgation of the ordinance? been answered in response
to question no. 2.

91. The SC ordered (para 6) the centre to include camels The question has already
in the PCA Act. Can it safely assumed that the been answered in response
centre did add the Camels in PCA Act following the to question no. 43.
said order?
92. The 6th paragraph of the Moot Proposition talks Irrelevant question.
about a notification by the Ministry of Environment
and Forests issued in the year 2011, banning the use
of camels as performing animals. Kindly clarify
which rules apply regarding the "performing
animals' - the state rules or the central rules ?
93. Furthermore, in the same para, The Lannisport Irrelevant query. The line is
Regulation of Oont-Dangal Act, 2009 - which Act self-explanatory.
does it refer to ?

94. Moreover, all the laws of Westeros being pari Irrelevant Query.
materia with the laws of India (P.11,compromis).
What does this mean- does it also include the
presumption that the Laws of Lannisport are same
as that of Tamil Nadu ? Kindly clarify.
95. the laws of state of lannisport are Pari materia to
Irrelevant Query
which Indian state?

96. has the state law passed by lannisport received the Previously answered in
assent of President of India? Question 2.