Pratik Shekhar Sinha
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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 INDIADEFENDANTWritten Submission on Behalf of the
DefendantCounsels for the Defendant 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
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
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 FACTSJammu 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
______________________________________________________________________________
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
______________________________________________________________________________
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 KashmirPRAYER
______________________________________________________________________________
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
