My I placed the court?

Your Excellences!! This is 1st council along with my co-council on behalf of Respondent
(Government of Fitherland).
Your Excellences!! This council will take 8 m. and co-council will 7 m.
Your Excellences!! If you do not have any preliminary quarries, may I proceed with my
argument?
Your Excellences!! This council will submit argument on the government’s initiatives to
relocate the local people and Umbaleki refugees is not violate the fundamental rights. On this
ground, this council have four contentions,
1. This initiative is not violates Right to freedom of movement( Under Article 36
Constitution of Fitherland )
2. This initiative is not violates Right to Freedom of profession and occupation (Article 40
Constitution of Fitherland)
3. This initiative is not violates Right to protection of Law ( Under Article 31 Constitution
of Fitherland )
4. This initiative is not violates Right to life (Article 32 of the Constitution of Fitherland)
Your Excellences! Before going to start the contentions this council would like to mention
Article 42(2) constitution.
According to article 42(2), Government has power to make laws regarding acquisition,
nationalization or requisition; but no such law shall be called in question in any court.
Under this constitutional provision government enact Acquisition and Requisition of
Immovable Property Ordinance, 1982.
Under section 3 of this Ordinance, Government can acquired any property for any public
purpose or in the public interest.
Your Excellences! This council would like to mention a leading case, Surat Kumar
Kanangoe vs Province of East Pakistan 10 DLR 393.
The authority may acquire the property because they consider it necessary for development of
state. Even where they want to acquire the property immediately they have first to requisition
the property
So, your Excellences! Government initiative is not violate any fundamental rights rather
it’s taken in accordance with fundamental rights.
 1. Your Excellences! Now, this council would like to move to 1 st contention! This
initiative is not violates Right to freedom of movement( Under Article 36 Constitution
of Fitherland )
According to Article 36: Subject to any reasonable restrictions imposed by law in the public
interest, every citizen shall have right to move freely and to reside and settle in any place.
So, your Excellences! Constitution itself permit to government to imposed restrictions for
public interest.
By, this initiative government did not imposed any restriction on rights to choose of reside
place rather government offer them if they want they can live in Combaza Island.
2. Your Excellences! This initiative is not violates Right to Freedom of profession and
occupation (Under Article 40 Constitution of Fitherland)
According to Article 40, Subject to any restrictions imposed by law, every citizen have
Freedom of lawful profession and occupation.
By this this power plan establishing initiative government do not imposed any restrictions on
Freedom of lawful profession and occupation rather government try to ensure right to work
for everyone.
Your Excellences! This council would like to mention something from fact: In para 9 line 6,
The Government officials argue that the project will lessen the financial dependency of the
local people on the forest by opening the opportunity of alternative employment.
Your Excellences! Those peoples were dependent on forest and were doing prohibited acts in
forests under section 26 of Forest Act, 1927.
So, Your Excellences! By this initiative government try to ensure lawful alternative
employment for those people who were dependent on forest.
Your Excellences! This council would like to mention a leading case, Nasreen Fatema vs.
Bangladesh 49 DLR 542, Under Article 40 of our Constitution reasonable restriction can be
imposed on a person’s entering upon any lawful professing or occupation.
3. Your excellency! This initiative is not violates Right to protection of Law ( Under
Article 31 Constitution of Fitherland )
According to Article 31, No action detrimental to the life, liberty, body, reputation or property
of any person shall be taken except in accordance with law.
So, Your Excellences! Government this initiative taken in accordance with law, and that is
under section 3 of Acquisition and Requisition of Immovable Property Ordinance, 1982.
According to section 4 of this Act, any aggrieved person may file objection to the Deputy
Commissioner in writing, and the Deputy Commissioner shall give the objector an opportunity
of being heard either in person or by an agent and shall, after hearing all such objections and
after making such further inquiry, if any, as he thinks necessary, prepare a report.
So, Your Excellences! There have an opportunity to hearing. So, it’s not violate of right to
protection of law.
4. Your excellency! This initiative is not violates Right to life (Under Article 32
Constitution of Fitherland)
According to Article 32 No person shall be deprived of life or personal liberty save in
accordance with law.
So, Your Excellences! This council already submitted to court that this Government
initiative taken in accordance with law.
By this initiative government give them enough compensation and giving a place for their
shelter. If they want to live there, they can go there or they can go anywhere they want.
Your Excellences! According to para 21 of UN basic principles and guidelines on
development based evictions and displacement 1997:
Any eviction must be (a) authorized by law; (b) carried out in accordance with international
human rights law; (c) undertaken solely for the purpose of promoting the general welfare; (d)
reasonable and proportional; (e) regulated so as to ensure full and fair compensation and
rehabilitation; and (f) carried out in accordance with the present guidelines.
So, government this initiative fulfill all UN guidelines.
So, Your Excellences! the government’s initiatives to relocate the local people and Umbaleki
refugees is not violate the fundamental rights and also any international Laws.
Your Excellences! If you do not have any further quarries, this council would like to call
co-council.
 Lal Sing Vs C.P.and Berar AIR,1944 FC 61
The term “Acquisition” means actual transference of property.
 Brij Narian Vs Union of India, AIR 1988 Delhi 116
Requisition is taking over the lands or buildings by Govt. for time being.