TEAM CODE –

NHRC –GNLU NATIONAL MOOT COURT COMPETETION -2019

BEFORE THE HON’BLE SUPREME COURT OF OMBERLANDS

ORIGINAL WRIT JUSRIDICTION

PUBLIC INTEREST LITIGATION

W.P.(CIVIL) NO. _____ OF 2019

UNDER ARTICLE 32 OF THE CONSTITUTION OF

In The Matter of Article 19 and 21

Of the Constitution of Omberlands

SOCIETY FOR THE WELFARE

OF INDIGENOUS PEOPLE [SWIPA] …PETITIONER

UNION OF INDIA & ORS. …RESPONDENTS

MEMORANDUM ON THE BEHALF OF PETITIONER

MEMORIAL ON THE BEHALF OF PETITIONER

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TABLE OF CONTENT

Table of content…………………………………………………………………….ii.

List of Abbreviations……………………………………………………………….iii.

Index of Authorities………………………………………………………………..iv.

Statement of Jurisdiction…………………………………………………………..v.

Statement of Facts………………………………………………………………….vi.

Statement of Issues…………………………………………………………………viii.

Summary of Arguments ……………………………………………………………ix.

Arguments advanced………………………………………………………………..x.

I.

Prayer……………………………………………………………………………xxi.

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LIST OF ABBREVIATIONS

¶ Para

AIR All India Reporter

& And

Art. Article

Anr. Another

Ed. Edition

Hon’ble Honourable

Ors. Others

P. Page no.

PIL Public interest litigation

SC Supreme court

SCR Supreme Court Record

SEC. Sections

u/a Under article

v. Versus

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INDEX OF AUTHORITIES
CASES

iv.

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STATEMENT OF JURISDICTION

The Hon’ble court of Omberlands has jurisdiction in this matter under Article 321 of
the constitution of Omberlands. The petitioner most humbly submits before the
jurisdiction of the present court and accepts that it has powers and authority to
preside over the present case.

1
“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 warranto 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 clause ( 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.”

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STATEMENT OF FACTS

1. The Republic of Omberlands which is the third largest country in terms of

area and is the second most densely populated country in the world with the
fourth fastest growing economy and has a quasi – federal structure with 25
states and 5 centrally administered units. One of its state called as AUROM
which is rich in natural resources is located in south west corner of
Omberlands and is sharing its western territorial border with Republic of
Mumbaria. The border had remained largely porous as the river had been
largely used for trade and commerce between the local people and the Auro
people had language and customs that has made them culturally
distinguishable. However, the Auro people have managed to preserve their
distinct culture all throughout, and they voluntarily decided to be part of
Omberlands when it attained independence from the colonial rule.

2. But before independence, the Balian armed forces repeatedly committed

several grave human rights violations on the Mumbarian people and then in
1990, the Mumbarian rebel groups started violent protest against the Balian
administration. Thus, Balian armed forces retaliated with heavy use of
force, compelling hundereds of thousands of Mumbarians to flee across the
border into Aurom in Omberlands.

3. After few months, over a million of Mumbarians entered Aurom illegally

through the river Nihel, as that part of the border did not contain any
fencing or barbed wires. As some of the refugees were taken to the
temporary camps, most of them mingled with the local population and start
making their own settlements and some of them also migrated to other
neighbouring states.

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4. So the government verbally assured them that this is only a temporary

situation and Mumbarians will return to their homeland once the situation is
resolved when the local population expressed its concerns about the
immigrants but In November 1990, a violent large scale movement led by
Mumbarial rebel group erupted against the Balian administration which is
popularly known as United against Oppression. However in January 1999,
the Balian armed forces were defeated and Mumbaria declared its
independence.
5. Although Mumbaria became an independent nation but the migration in
Aurom continued and local administration faced difficulty in distinguishing
Mumbarians from the citizens of Omberlands as both had similar features
and languages and also obtained land and employment in Aurom and other
neighbouring states on the basis of some forged and fabricated documents
showing them as citizens of Omberlands. After dialogues between the two
countries, the Republic of Mumbaria stated that they are willing to take
back those persons living in Omberlands, who have valid proof to show that
they are Mumbarian citizens.
6. Several local organisations in Aurom, led by the Auro Youth United started
protesting against the government of Omberlands and Aurom in December
1998, alleging that the governments are deliberately not taking effective
measures to detect and deport the immigrants as most of them had managed
to get their names on to the voters list.
7.

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Statement of issues
I. Issue 1:
Whether the Public Interest litigation filed against union of Omberlands is
maintainable.

II. Issue 2 :

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Summary of Arguments
Issue 1

Issue 2

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ARGUMENTS ADVANCED

I. Whether the PIL filed against the union of is maintainable :

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II

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xiii.

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xiv.

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xv.

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xvi.

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xvii.

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xviii.

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ix.

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PRAYER

Wherefore in the light of facts stated, issues raised, arguments advanced and authorities
cited, it is most humbly prayed before this Hon’ble Supreme Court, that it may
graciously be pleased to-

And pass any other order in favour of the Petitioner which this Court may deem fit and
proper in the circumstances of the case.

All of which is most humbly and respectfully submitted.

Sd/-

Counsels for the Petitioner

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