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BEFORE THE HONBLE SUPREME COURT OF INDIA

________________________
W.P. (CIVIL) NO. ___ OF 2014

UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA

In the matter of Article 19 and Article 21
of Constitution of India
1.

Tenseng Lama A religious monk from a monastery in Ladakh

2.

Rajiv Bhatt A Kashmiri pandit from Jammu

3.

Ismail Anwar A religious leader from Kashmir

.PETITIONER
v.
UNION OF INDIADEFENDANT

Written Submission on Behalf of the Defendant

Counsels for the Defendant

MEMORIAL ON BEHALF OF THE DEFENDANT

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LIST OF ABBREVIATION
A.C.

Applicant Cases

AIR

All India Reporter

Ch.

Chapter

Gov. :

Government

Ors.

Others

PP. :

Page no. or Pages

SC

Supreme Court

SCC

Supreme Court Cases

SCR

Supreme Court Reports

Sd/-

Signed

v.

versus

MEMORIAL ON BEHALF OF THE DEFENDANT

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LIST OF AUTHORITIES
BOOKS
1. Avtar Singh, Contract and Specific Relief (11 ed. 2013), Eastern Book Company.
2. G.C. Bharuka, Mulla The Indian Contract Act (12 ed. 2009), Lexis Nexis Butterworths
Wadhwa.
3. O.P Malhotra & Indu Malhotra, The Law and Practice of Arbitration and Conciliation (2 ed.
2006), Lexis Nexis Butterworths.
4. Nathuni Lal, Lals Commentary in The Copyright Act, 1957 (Delhi Law House 4th ed.
CASES

MEMORIAL ON BEHALF OF THE DEFENDANT

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STATEMENT OF JURISDICTION
____________________________________________________________________________
The petitioner hereby humbly submits to the jurisdiction of this Honble Supreme court under
article 32 of the constitution of India which reads as follows:

Article 32 : Remedies for enforcement of rights conferred by this Part

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement
of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including
writs in the nature of habeas corpus, mandamus, prohibition, quo warrant to and
certiorari, whichever may be appropriate, for the enforcement of any of the rights
conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and
(2), Parliament may by law empower any other court to exercise within the local limits of
its jurisdiction all or any of the powers exercisable by the Supreme Court under clause
(2).
(4) The right guaranteed by this article shall not be suspended except as otherwise
provided for by this Constitution..

STATEMENT OF FACTS

MEMORIAL ON BEHALF OF THE DEFENDANT

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Jammu and Kashmir has always been a disputed issue between India and Pakistan. It has been an
issue for numerous armed conflicts and human suffering. Both have realized that they can neither
change the history nor the geography of the situation.
International pressure is immense on the two nations to find a solution to the problem. Ultimately
both the nations realized that the best solution would be peace through rearrangement of their
borders. An agreement was signed between them. The agreement states that perceiving the
present situation it has become an essentiality for India and Pakistan to reframe their borders.
India would offer Jammu, Kashmir and Ladakh to Pakistan and as a reciprocative act Pakistan
would offer Sindh, Punjab and Baluchistan to India.
However, this was a shock to the people in Jammu, Kashmir and Ladakh. An uproar erupted in
the region and people stated that India has betrayed its own citizen by offering them to Pakistan
and they were very much against this barter system. Three eminent leaders representing these
three different regions decided to file a petition in front of the Supreme Court against the Union
of India. Those three leaders were
1.

Tenseng Lama A religious monk from a monastery in Ladakh

2.

Rajiv Bhatt A Kashmiri pandit from Jammu

3.

Ismail Anwar A religious leader from Kashmir

ISSUES INVOLVED
MEMORIAL ON BEHALF OF THE DEFENDANT

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______________________________________________________________________________
1. Whether the writ petition is maintainable before the court.
2. Whether the act of union of india has violated the fundamental rights of citizen of jammu and
Kashmir.

SUMMARY OF ARGUMENTS

MEMORIAL ON BEHALF OF THE DEFENDANT

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______________________________________________________________________________
ISSUE [A] WHETHER THE WRIT PETITION IS MAINTAINABLE BEFORE THE
COURT.
ISSUE [B] Whether the act of union of India has violated the fundamental rights of citizen
of Jammu and Kashmir

PRAYER

MEMORIAL ON BEHALF OF THE DEFENDANT

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______________________________________________________________________________
Wherefore in the light of the issues raised, arguments advanced and authorities cited, it is humbly
prayed that this Honble Court may adjudge and:
1.
2.
Or further pass any other order that it may deem fit to meet the ends of equity, justice and good
conscience.

All of which is humbly prayed,

(Counsels for the Defendant)

MEMORIAL ON BEHALF OF THE DEFENDANT