Mr.& Mrs Targaryen v.
Union of India
MOOT PROPOSITION
Mr. Jon Targaryen, a citizen of India and a resident of Kolkata is a renowned professional
shooter. He represented India in Hunger Games 2012 and won several gold medals for the
country. He was scheduled to return to India by way of Indian Viserion Airlines MH-370
on 10th May 2012. Being a professional shooter, Mr. Targaryen had an arms license for
possession of 500 live cartridges of all legal bores. He was also provided with ‘special
permission’ from the Master of Whisperers, [‘Ministry of Home Affairs’] that permitted
him possession of 15,000 live cartridges (The Arms License had no stipulation in relation to
carrying of cartridges on flights in India). Mr. Jon Targaryen’s wife, Mrs. Shae Targaryen is
a journalist of repute, and regularly publishes political articles on her blog ‘Queen of the
Andals’. She often voices her opinions against House Baratheon, the ruling majority party
and has previously accused them of sidelining the minority houses in the country.
The return leg of the flight was through Toronto-New Delhi–Kolkata, i.e. the (unfortunate) passengers in
Flight MH 370 were to spend about half-an- hour for a stop-over/ lay-over at Delhi, and the
same flight was to continue onwards to Kolkata. Mr. Targaryen had purchased 50 live
cartridges at Toronto, intending to use the same for practice. He only purchased 50 cartridges,
because he was well aware of the BCAS (Bureau of Civil Aviation Security of India) Circular
that mandated that a person had free allowance of cartridges not exceeding 50, alcoholic
liquor in excess of 2 litres (which Mr. Targaryen was most aggrieved by), cigarettes
exceeding 200 in number, etc. At Toronto airport, Mr. Targaryen duly declared at the airline
check-in counter that he was carrying with him 50 live cartridges purchased at Toronto, and 2
bottles of the finest quality of Dornish Red Wine that he could lay his hands on. Mr.
Targaryen boarded the flight, had a hearty meal, and fell asleep, hoping to wake up next
when the flight would land in Kolkata.
Now, it so happened that the employees of Indian Viserion Airlines were a rather discontent
bunch. They were not paid their wages for over 6 months due to a simmering financial
crunch, which some would attribute to the debonair lifestyle of their CEO and Managing
Director, Ms. Dany Drogo. Unbeknownst to the passengers of flight MH 370, the employees
of Indian Viserion Airlines were scheduling a flash strike at New Delhi Airport, which was to
come into effect at the time when MH 370 would land in Delhi for the lay-over/ stop-over en-
route to Kolkata. The employees decided that they would simply not allow a change of cabin
crew, and that the flight would therefore remain grounded in Delhi until their demands were
met. MH 370 landed in Delhi. As planned, it never took off thereafter. The passengers of MH
370, which had landed in Delhi at 3.00 am, were made to wait on board the flight till 6.00 am.
Moreover, the harried bunch were never handed refreshments/ water, and were not even
permitted to use the in-flight lavatories (which would subsequently lead to several consumer
cases being filed by the passengers, but that’s another story). Some senior personnel of Indian
Viserion Airlines, on the instructions of Ms. Drogo, proceeded to herd the passengers of MH
370 off the flight, and informed them that an alternate domestic flight had been arranged for
their onward journey to Kolkata.
They would, however, have to disembark, go through immigration at Delhi Airport, and
check-in thereafter for the flight waiting for them. Mr. Targaryen, already jet-lagged, was
completely exhausted by the turn of events, and went through the motions as directed by the
employees of Indian Viserion Airlines. Just as he was about to board his onward flight to
Kolkata, he was arrested for having in his check-in baggage 50 live cartridges. He was bailed
out the next day, and ninety days later a Chargesheet came to be filed against him, wherein he
was arraigned as an accused for committing an offence under Section 30 of the Arms Act,
1959. In the charge-sheet (Police Report u/s 173 CrPC), the only offence alleged against him
was u/s 30 of the Arms Act. Upon being summoned by the learned magistrate, Sir Gregor
Arryn pursuant to the Charge sheet, Mr. Targaryen filed a Petition u/s 482 r/w Article 226 of
the Constitution of India before the High Court of Delhi seeking quashment of the Summons,
of the Charge sheet and all proceedings emanating therefrom on inter alia the following
grounds:
a. No offence was made out u/s 30 of the Arms Act, as Mr. Targaryen had neither violated
any provisions of the Act, nor violated any provisions of his license; and b. That such
prosecution impinged upon his right to carry on his profession, i.e. his fundamental right
under Article 19(1)(g), in that he was being prosecuted for carrying cartridges, which was
permitted pursuant to his license. Let us pause for a moment and look into what transpired in
the life of Mrs. Shae Targaryen on the day after the arrest of her husband. Mrs. Targaryen,
the firebrand that she was, published an article on her blog accusing House Baratheon of
trying to round up the minority group and to have a concerted plan to arrest those belonging
to such group on one pretext or the other. She highlighted the ridiculousness of the arrest of
her husband the previous day, who was arrested for an offence under Section 30 Arms Act,
despite him having a license for the same, and likening the arrest to arresting a lawyer for
arguing in court, to a doctor for prescribing medicines, and to a cricketer for carrying a
cricket bat. She stated in her blog – “House Baratheon is rounding up people belonging to the
minority community and having them arrested. The leader of the ruling party,
Mr. Joffrey Baratheon is acting like Adolf Hitler, and is on his way to organizing a genocide
against the minority community... The only thing left for the majority government and their
leader, who also happens to be our Chief Minister, is to round up all of us minority and shoot
us down-speak up now to save my husband from malicious prosecution” Mrs. Targaryen was,
shortly after the publication of the said statements on her blog, in receipt of an email from
[email protected], which had the following contents “stop posting stupid and
evil statements like what you’ve posted over the past few days or you will face
consequences”. Upon receipt of this email, Mrs. Targaryen forwarded the email to the police
along with a complaint. The police registered an FIR on such complaint, and upon
investigation over the next 30 days, found that the email had emerged from an IP address
which was traced to the telephone number of one Mrs. Sansa Baelish. The police questioned
Mrs. Baelish who admitted to sending the emails. She was arrested and released on bail
immediately thereafter.
A charge sheet came to be filed arraigning Mrs. Baelish as the sole accused for offence under
Section 66A of the IT act. Arguments on charge commenced before the Ld. Magistrate, who,
relying upon written submissions filed by Mrs. Baelish, proceeded to discharge her, and
instead directed the police to register an FIR against Mrs. Targaryen as her blog (and
specifically, the two statements herein above) indicated a prima facie offence under Sections
153A, 153B and 295A of the IPC. Challenging the said order, Mrs. Targaryen filed a Section
482 petition before the High Court, which came to be jointly heard along with the Section
482 petition filed by her husband. The following issues have come up, and the matter is at the
stage of final arguments:
Issues
A. Whether the The issues raised by Mr. Targaryen in his Section 482 petition is
maintainable ?
B. Whether the The issues raised by Mrs. Targaryen in his Section 482 petition is
maintainable?
C. Whether a magistrate can direct registration of an FIR under Sections 153A, 153B,
and 295A, more particularly when sanction under section 196 of the code of criminal
procedure has not been obtained?
D. Whether Sections 295A, 153A and 153B are violative of rights under Article 19 of the
Constitution?
