TEAM CODE 14-R

BEFORE THE HON’BLE SUPREME COURT OF Turkqi

W.P.No.: ________/ 2022

Petition filed under

Article 131 of the
Constitution

UNION OF TURKQI …………....Petitioner

vs.

STATE OF VIKS
………….Respondent

MEMORIAL FILED AND APPEARING ON BEHALF OF THE PETITIONER

Most Respectfully Submitted to the Hon’ble Chief

Justice & other companion Judges of the Supreme Court
of Turkqi
MEMORIAL ON BEHALF OF THE PETITIONER

TABLE OF CONTENTS

BEFORE THE HON’BLE SUPREME COURT OF Turki.......................................................1

STATEMENT OF JURISDICTION..........................................................................................3

STATEMENT OF FACTS........................................................................................................4

ISSUES FOR CONSIDERATION............................................................................................5

SUMMARY OF ARGUMENTS...............................................................................................6

ARGUMENTS ADVANCED...................................................................................................7

PRAYER FOR RELIEF........................................................................................................V23

MEMORIAL ON BEHALF OF THE PETITIONER

STATEMENT OF JURISDICTION

THE JURISDICTION OF THIS HON’BLE COURT HAS BEEN INVOKED UNDER

ARTICLE 131 OF THE UNION OF TURQI’S CONSTITUTION.

Article 131 reads as:

“131. Original jurisdiction of the Supreme Court Subject to the provisions of this
Constitution, the Supreme Court shall, to the exclusion of any other court, have original
jurisdiction in any dispute
(a)  between the Government of India and one or more States; or

(b)  between the Government of India and any State or States on one side and one or more
other States on the other; or

(c) between two or more States, if and in so far as the dispute involves any question (whether
of law or fact) on which the existence or extent of a legal right depends: Provided that the
said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant,
engagements, and or other similar instrument which, having been entered into or executed
before the commencement of this Constitution, continues in operation after such
commencement, or which provides that the said jurisdiction shall not extend to such a
dispute.”

THE PETITONER MOST HUMBLY SUBMITS TO THE JURISDICTION OF THIS

HON’BLE COURT WHICH HAS BEEN INVOKED BY THE RESPONDENTS.
MEMORIAL ON BEHALF OF THE PETITIONER

STATEMENT OF FACTS
MEMORIAL ON BEHALF OF THE PETITIONER

ISSUES FOR CONSIDERATION

Following issues have been framed by the Hon’ble Supreme Court of Turki for hearing in
this regard:

1. ISSUE 1: Whether the petition under Article 131 of the Constitution of Turki is
maintainable.
2. ISSUE 2: Whether the power of the Central Government to transfer investigations to
the MBI without the consent of the State, is a transgression of the separation of
powers between the Centre and States.
3. ISSUE 3: Whether the Centre can authorize the MBI to investigate Mr. Makkhi’s
scams without obtaining the consent of the State of Viks.
4. ISSUE 4: Whether the MBI can investigate the matter related to the alleged
smuggling by the BSF officials without the consent of the State of Viks.
MEMORIAL ON BEHALF OF THE PETITIONER

SUMMARY OF ARGUMENTS

ISSUE 1: Whether the petition under Article 131 of the Constitution of Turki is
maintainable?

ISSUE 2: Whether the power of the Central Government to transfer investigations to the MBI
without the consent of the State, is a transgression of the separation of powers between the
Centre and States.

ISSUE 3: Whether the Centre can authorize the MBI to investigate Mr. Makkhi’s scams
without obtaining the consent of the State of Viks.

ISSUE 4: Whether the MBI can investigate the matter related to the alleged smuggling by
the BSF officials without the consent of the State of Viks.
MEMORIAL ON BEHALF OF THE PETITIONER

ARGUMENTS ADVANCED
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PRAYER FOR RELIEF

WHEREFORE IN THE LIGHT OF THE ISSUE RAISED, ARGUMENTS ADVANCED,

REASONS GIVEN AND AUTHORITIES CITED, THE HON’BLE SUPREME COURT OF
TURKI MAY BE PLEASED TO:

I. HOLD THAT THE WRIT PETITION FILED UNDER ARTICLE 131 STANDS
MAINTAINABLE.
II. HOLD THAT THE POWER OF THE CENTRAL GOVERNMENT TO TRANSFER
INVESTIGATIONS TO THE MBI WITHOUT THE CONSENT OF THE STATE,
IS NOT A TRANSGRESSION OF THE SEPERATION OF POWER BETWEEN
THE CENTRE AND STATES.
III. HOLD THAT THE CENTRE CAN AUTHORIZE THE MBI TO INVESTIGATE
MR. MAKKHI’S SCAMS WITHOUT OBTAINING THE CONSNET OF THE
STATE OF VIKS.
IV. HOLD THAT THE MBI CAN INVESTIGATE THE MATTER RELATED TO THE
ALLEGED SMUGGLIG BY BSF OFFICIALS WITHOUT THE CONSENT OF
THE STATE OF VIKS.

AND ANY OTHER RELIEF THAT THIS COURT MAY BE PLEASED TO GRANT
IN THE INTERESTS OF JUSTICE, EQUITY AND GOOD CONSCIENCE.

ALL OF WHICH IS REPECTFULLY SUBMIITED

COUNSELS FOR THE PETITIONER