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TABLE OF CONTENTS
A] INDEX OF AUTHORITIES..........................................................................3
B] STATEMENT OF JURISDICTION..............................................................6
C] STATEMENT OF FACTS.............................................................................7
D] STATEMENT OF ISSUES............................................................................8
E] SUMMARY OF PLEADINGS......................................................................9
F] ARGUMENT ADVANCED.........................................................................10
A] INDEX OF AUTHORITIES
MEMORIAL ON BEHALF OF RESPONDENT
A. TABLE OF CASES
C. IMPORTANT DEFINITIONS
MEMORIAL ON BEHALF OF RESPONDENT
1. Petitioner for the purposes of this memorandum shall stand for ‘VIJAAY
MOHAN’.
D. DYNAMIC LINKS
1. www.indiankanoon.org
2. www.barcouncilofindia.org
3. www.google.com
B] STATEMENT OF JURISDICTION
MEMORIAL ON BEHALF OF RESPONDENT
C] STATEMENT OF FACTS
MEMORIAL ON BEHALF OF RESPONDENT
4. Democratic party promised many developing projects, when there are come
in power in his hand . The power come in his hand and the democratic party
promised established the Airport at bharatpur and they are declare the suitable
place at Bharatpur.
5. Ram Singh was not happy with decision of the airport authority as in his
opinion compensation offered by the government for the acquisition of fertile
land of farmers was insufficient.
6. The meeting was held with members of parliament but the difference of
opinions resulted in exchange of heated words and the meeting ended without
any conclusion.
7. After few months, Ram Singh was opposed the workers when senior
officers of airport authority and district magistrate are visited the place.
10. Speaker has appoint a committee and committees investigation held that
Vijay Mohan guilty of Contempt of Privileges and recommended a
punishment simple imprisonment for four days.
11. Speaker directed the arrest of Vijay Mohan. He was arrested and without
producing him before the Magistrate, was directly sent to Bharatpur Central
Jail.
D] STATEMENT OF ISSUES
MEMORIAL ON BEHALF OF RESPONDENT
ISSUE 1. Whether the Federal Court of Indus land has jurisdiction to entertain
the petition?
ISSUE 2. Whether the decision of speaker to punish Vijay Mohan violates the
principles of Fair Play and Natural Justice?
ISSUE 3. Whether the arrest of Vijay Mohan and his non production before
Magistrate violates provision of the Constitution?
E] SUMMARY OF PLEADINGS
MEMORIAL ON BEHALF OF RESPONDENT
[ Summary of Arguments ]
1)
F] ARGUMENT IN ADVANCED
MEMORIAL ON BEHALF OF RESPONDENT
1)Art.122 lies down that the Validity of any proceedings in Parliament cannot be
called in question in any court. No officer or Member of Parliament who has
authority to regulate the procedure or the conduct of business in subject to the
Jurisdiction of any court in respect of the powers exercise by them.
In this case High Court would not issue prohibition to retrain the committee of
Privileges to consider a privilege matter. A High Court would not issue a Writ under
Art.226 to a House of Parliament or the Speaker or any of its officers to restrain the
House from sending any Legislation even if it may be ultra virus Parliament.
Again, the court would not interfere with the legislative process in a House, either in
the formative stage of Law making or others.
Further, the Presiding officer of the House is required to make rules & contravention
of these rules may be trilled breach of the privilege of the House & be punished
accordingly.
3)In Smt.Indira Nehru Gandhi V/s Raj Narayan (AIR 1975 SC2299).
In this case held that the courts cannot go into the question as to the validity of the
proceedings in the House of Parliament.
The Parliament has power to punish a person, whether its member or outsider, for its
‘Contempt’or ‘Breach of Privileges’. A House can impose the Punishment in the
form of time & imprisonment.
ISSUE 2. Whether the decision of speaker to punish Vijay Mohan violates the
principles of Fair Play and Natural Justice?
1) It does not violates the principle of Fair Play & Natural Justice because,
A House has power to punish a person, whether its members or outsider, for its
‘Contempt’ or ‘Breach of Privilege’. A House can impose the punishment in the
form of imprisonment or Fine.
2) In this case it was decide comments in newspaper or statement made by
individuals casting reflections on the proceedings of the House or on the Character
or conduct either of the member collectively or of individual member,& thereby
lowering prestige in the eyes of the public.
The right of the House to punish for its contempt in name to the right of a
Superior Court to punish for its contempt. So, that it in for the House to decide
whether any particular amounts to its or not.
MEMORIAL ON BEHALF OF RESPONDENT
ISSUE 3. Whether the arrest of Vijay Mohan and his non production before
Magistrate violates provision of the Constitution?
The arrest of Vijay Mohan & his non production before Magistrate does not violates
provisions of the constitution because,
The Preceding officers of the House are required to make rules & contraction of
those rules may be treated as breach of the privilege of the House & be punish
accordingly. So, there is no chance of Vijay Mohan to produce before Magistrate,
Again Art.122 lays down that the validity of any proceeding in Parliament cannot be
called in question in Any Court.
In, Smt.Indira Nehru Gandhi V/s Raj Narayan (AIR 1975 SC 2299),
In this case held that the courts cannot go into the question as to the validity of the
proceedings in the House of Parliament.
Again, in Kesavnanda Bharati V/s State of Kerala, the judges of Supreme Court have
enumerated certain essentials of structure. So, according to
MEMORIAL ON BEHALF OF RESPONDENT
G] PRAYER
In the light of facts and circumstances of the present case, issues presented
for consideration, argument advanced and authorities cited, the petitioner prays
before this Hon’ble Federal Court
A] Pass a order for interpret the case correctly and make proper investigation
in matters of corruption of members of parliament.
B] Speaker can arrested and punish to Vijay Mohan directly without presented
before Magistrate is violated the fundamental right under Art22 and such a
power is a judicial not a legislature. Give proper action agents speaker of lok
sabha.
AND PASS ANY ORDER THAT THIS HON’BLE COURT MAY DEEM
FIT IN THE INTEREST OF EQUITY, NATURAL JUSTICE AND GOOD
CONSCIENCE.
Sd/-
(Council for the Petitioner)