STATEMENT OF FACTS

State of Varys were not under the obligation to provide the requirements that alleged by
orukains to be fulfilled because however the people of Varys were already in a situation in
which they couldn’t get themselves under the line. On the other hand Tahoma, a
multireligious nation, situated in the southeastern part of the continent of Lassa and consist of
a population of 5 million. Their principles based on austerity and non – acquisitions.

As in the case the orukains left the state of Tahoma was non based because the government of
Tahoma tried to make a move for the development of their state emphasise on the evolution
of the policy to make Tahoma a tourist encompassed state by which they can get a hype and
development in the structural growth of their nation but the move taken b y the government
of the Tahoma got condemned by the orukains as the orukains philosophy is based on some
principles which won’t get them to the way of development and growth but because of the
sudden change they thought that their right got violated which was totally baseless.

The next result of the condemning action of the government of Tahoma was that orukains
demonstrated the peaceful protest in Tahoma and with the possible ways of showing the deny
on the action taken before.

The result of the peaceful protest turned into riots which occurred in Woka on February 5 and
as a result several orukains and non orukains were injured. Later they got charged on
damaging the public property by the government along with the Phikams but later on the man
who got arrested on the side of the Phikams got released because of the ground of insufficient
evidence which thereafter is valid.

Another thing is that the Varys is running out of resources and directly says that the state is
under conditioned to help the refugees and the country is unorganized to maintain the other
peoples basic requirements.

Times of Varys report which published on 24 April exclaimed that the people who alleged
the state of being the part of Varys were the people who illegally came from Antolia to
Varys.
Later effect was that the government of Varys issued a notification on June 6, 2018 to detect
mark out all the illegal migrants and detect them accordingly within a month, with the
immediate action administration detected thousands of undocumented persons among which
98% reported as orukains and only on the basis of their claims that they’ve been living in the
state from last decade and belong to various tribes (forest tribes) but only on the basis of the
claim they can’t be given the asylum.

A large number of the foreigners allegedly claimed that they were Tahomians refugees and
sought asylum from Varysian government and pleaded to be there as to their lives was in
Tahoma but government clarified that all of them were entered Varys from Antolia and they
will only deported back to Antolia and not to Tahoma because the refugee status proved to be
around at the Antolia as they came illegally from Antolia.

Against the notifications , on july 12 , ambassador of Antolia met minister of external affairs
for Varys and conveyed her government wants to register its protest against their
governments decision and made it clear that Antolian government is not responsible toward
any of these people as there isn’t any proof of them as they were Antolians or they entered
through Antolian borders .

Result UNHCR and other international N.G.O. set up their camps in Antolia to help these
refugees and recognized for the act that orukains refugees did not have access to basic rights
constantly harassed by local government authorities.

P.M. of Varys took aback to close the borders to immigrants and refugee as the first
responsibility at government was toward its own citizens and on the other hand intelligence
reports claim that these people were maybe entered and suspicious of terrorist plots against
the Varysian governments and as that the threat to national security and relied upon another
report inserting rapid rise in crime rate in Varys from the year of orukains interference.
SUMMARY OF PLEADINGS
 PLEADINGS

1. WHETHER THE NOTIFICATION DATED JUNE 6, 2018 ISSUED BY VARYSIAN

GOVERNMENT IS VALID AND IS IN VIOLATION OF INTERNATIONAL LAW?
It is humbly submitted before the Hon'ble Court thatBoth States parties are members of the
United Nations and parties to the Statute of theInternational Court of Justice.And both parties
present in this court to settle international disputes by peaceful means as they were unable to
settle these differences by direct negotiations. (As stated in Preamble of Special Agreement1)

Before moving ahead, it is to be notable by the Hon'ble Court that Varys being the most
populated nation in the world is facing severe shortage of natural resources and citizen of
Varys have been victims of continuous terror attacks by foreign non-state actors.

…Varys is a rapidly developing nation. However, it is the most populated nation in

the world and is facing severe shortage of natural resources…
..The citizens of Varys have been victims of continuous terror attacks by foreign non-
state actors and the previous government of Varys was severely criticised for its
inability to protect the borders...

Due to this many acts were passed by Varysian government (New Congress Government)
like, ‘Population Control Act 2018’ (to make one child policy a norm and to tax
individualswho chose to have more than one child), ‘National Security Act, 2018’ (to have a
NationalDirectory of Citizens so that the government had a data of all its citizens
asgovernment was concerned about the entry of illegal immigrants fromAntolia in the past
also.)

However, in the last few years, the shortage of naturalresources had aggravated the
issue.Also, ‘the Citizenship Act, 1980’was also amended and the process of acquiring
citizenship was madestringent. All these steps were taken to maintain the national security.

Moreover, if look on the leading newspaper of state of Varys, Times of Varys, on April 24,
2018 it reported that thousands of Orukains from Antolia were illegally migrated2 to Varys
and later on some newspapers and magazines reported that the immigrants have beeninvolved
in various offenses against the local people. A leading nationalnewspaper of Varys reported a
survey showing rapid increase in the crime ratein the western region of Varys, Region from
where Orukains fled from Antolia.

1
Special Agreement Submitted To The International Court Of Justice By The State Of Antolia And The State
Of Varys On The Differences Between Them Concerning The Orukain Refugees:
…Recalling that the Parties are Members of the United Nations and that the Charter of the United Nations
calls on Members to settle international disputes by peaceful means…
…Noting that the parties have been unable to settle these differences by direct negotiations…
2
 …On April 24, 2018, the Times of Varys, leading newspaper, reported
thatthousands of Orukains from Antolia were illegally migrating to Varys.
Some newspapers and magazines reported that the immigrants have been involved in
various offenses against the local people. A leading national newspaper of Varys
reported a survey showing rapid increase in the crime rate in the western region of
Varys. However, it claimed that the reasons are unknown and did not attribute the
same to the influx of immigrants…
Orukains or illegal immigrates who entered in State of Varys are undocumented and at the
same time they are involved in various activities which is affecting the citizens of Varys.

Some Orukains fled from Tahoma as they themselves stated that they were Tahomian refugee
and were forced to leave that state.They were forced due to wrongful act done by them which
was riot which occurred in state of Tahoma as various Orukains were against the government
who for state welfare try make Tahoma a Centre for commercial and tourist activities. On this
group of Orukains launched a protest (without any permission). Which resulted in riot (in the
capital of Tahoma) and for this offence many Orukains were arrested (as they cause damage
to public property).

The government has been trying to make Tahoma a centre for commercial and tourist
activities. A proposal was floated to develop a city that could attract tourists from all
over the world for luxury vacation. This move was not welcomed by the Orukains…
A group of Orukains launched a peaceful protest against the prementioned policies of
the government. Many Tahomians felt that this protest was irrational and the
government was acting in the best interest of the nation.
…There was a major riot in Woka, the capital of Tahoma, in which several Orukains
and non Orukains were injured. The government arrested several Orukains and
charged them with the non bailable offence of rioting and causing damage to public
property…

In Anita Thakur & Ors. V. Govt. Of J & K & Ors.3, Bench stated that, “It hardly needs
elaboration that a distinguishing feature of any democracy is the space offered for legitimate
dissent. One cherished and valuable aspect of political life in India is a tradition to express

3
grievances through direct action or peaceful protest.Organised, non-violent protest marches
were a key weapon in the struggle for independence, and the right to peaceful protest is now
recognised as a fundamental right in the Constitution.”

In Karam Singh v. Hardayal Singh4 Court observe that unlawful assembly with the object of
committing violence or an assembly of five or more persons likely to cause a disturbance of
the public peace need to be stop by Government.

InWard v. Rock against Racism5, The Court also has held that requiring a permit for a
peaceful protest in advance is constitutional, as are additional requirements for assemblies
conducted near major public events. For instance, a city may require protest organizers to
provide details about how it will be conducted.

In light of above mentioned cases it is clear that protest which result in riot is against every
nation law and again public order and peace which need to stop were become unlawful. In
this case, Orukains started a protest which was unlawful as the same was without any legal
notification or permission and later on result in riot in which many Citizens were injured.If
government wants to makes a state tourist attractive than citizen of that state should welcome
that policy or proposal as such policy is for their welfare only.

Today most of the state want to be a welfare state which plays a key role in the protection and
promotion of the economic and social well-being of citizens. It is based on the principles of
equality of opportunity, equitable distribution of wealth, and public responsibility for those
unable to avail themselves of the minimal provisions for a good life. The general term may
cover a variety of forms of economic and social organization.

In N.D. Jayal&Anr. Union of India & Ors.6, Court by elaborating the term ‘welfare state’
held that ‘A welfare state is under an obligation to prepare plans and devise beneficial
schemes for the good of the common people. Thus, the fundamental feature of
a Welfare state is social insurance. Anti-poverty programs and a system of personal taxation
are examples of certain aspects of a Welfare state. A Welfare state provides State sponsored
aid for individuals from the cradle to the grave.

4
1979 Crl.L.J. 1211Writ Petition (Crl.) No. 118 of 2007
5
491 U.S. 781 (1989)
6AIR 2004 SC 867; Senior Divisional Commercial Manager & Ors. V. S.C.R. Caterers, Dry Fruits, Fruit

Juice Stalls Welfare Association &Anr., Civil Appeal Nos.618-620 Of 2016

However, a welfare state faces basic problems as regards what should be the desirable level
of provision of such welfare services by the state, for the reason that equitable provision of
resources to finance services over and above the contributions of direct beneficiaries would
cause difficulties. A welfare state is one, which seeks to ensure maximum happiness of
maximum number of people living within its territory. A welfare state must attempt to
provide all facilities for decent living, particularly to the poor, the weak, the old and the
disabled i.e. to all those, who admittedly belong to the weaker sections of society.

Articles 387 and 398 of the Constitution of India provide that the State must strive to promote
the welfare of the people of the state by protecting all their economic, social and political
rights. These rights may cover, means of livelihood, health and the general well-being of all
sections of people in society, especially those of the young, the old, the women and the
relatively weaker sections of the society. These groups generally require special protection
measures in almost every set up. The happiness of the people is the ultimate aim of
a welfare state, and a welfare state would not qualify as one, unless it strives to achieve the
same.’

State of Varys is also a welfare state who for welfare its citizens comes up with new policies
to stop growth of population (due to which scarcity of resources occurred) and to protect
terrorism and protect citizens from terror. And from the above mentioned facts, it is clear that
no welfare state will allow those illegal immigrates who are engaged in many serious terrorist
activities.

7
8
 Since, Orukains who fled to Varys are engaged in such terror activities which will affect
national security so the notification issued by Varysian government is valid and in
accordance of obligations rendered under International law.

2. WHETHER THE ORUKAINS WHO ENTERED VARYS FROM ANTOLIA

CANNOT BE TERMED AS REFUGEES UNDER INTERNATIONAL LAW, IF
THEY ARE OF ANTOLIAN NATIONALITY?
3. WHTHER ANTOLIA IS LIABLE TO ACCEPT THE ORUKAINS BEING
DEPORTED BY VARYS?

We are a developing country and we have limited resources and we have constraints in
meeting the needs of our own citizens. This should not be taken to mean that we are small
hearted in any way. When it comes to difficulties faced by other countries, India has always
reached out.

But we must not forget that in our country of 1.2 billion people, we still have hundreds of
millions of our own citizens who are deprived of the basic necessities. Our resources are
constrained in the sense that we are not at the stroke of a pen able to take care of the
difficulties of all our citizens.

our first priority must remain to take care of the needs of our own citizens, which is ensure
that we manage illegal immigration into our country with a great focus, greater effort and
greater consciousness.