That On the other hand, it is
resplendent immortal tear drop of deception by converting the glorified palace
comprising of four storey building having a Shiva Temple on the top of
“Tejo-Mahalya” (a palace of Lord Shiva commonly known as Tejo Ji by Jat
predominating inhibition of ‘Taj Ganj’ area at Agra) on the cheek of time
(probably during Aurangzeb period which became the downfall of the Mughal
period). The Archeological Department alleges the construction of the building
from 1628 A. D. onward upto 1656 A. D. as displayed on the marble stone planted
outsides the gate of Taj Mahal.
2.
That the other aspect of the truth
is hidden behind the four storey building of the Palace covered with the mud
comprising of the four garden towards the front side while towards the back
side adjoining to Yamuna river the lower portions of the building could not be
covered with the mud which demonstrate that the policy of ‘Hide and Seek’ has
been adopted to provide a coverage of the period of actual construction of the
building of Taj Mahal from the entire world. Inside the palace there is the
stone carving of the religious deity and an octagonal well for supply of the
water in the under ground rooms numbering from 44 rooms at the bottom while 17
rooms situated under the Chameli-Farsh on the riverside.
3.
That the petitioner is also filing the
inscription having Koranic script leveled upon it for indicating the same to be
the Muslim monuments. He is also filing the hidden portion of Anoop Mahal
having so many construction leading to the underground building of Fatehpur
Sikri , which is not shown to the public by filling the water on the entrance
Gate by the Waqf Board, which is now converting every symbol of Hindu origin by
having a plaster upon the aforesaid historical evidences. He is also filing the
Snake like appearance having the appearance of “Shesh Nag”, which is said to have
the entire Gate of the earth upon its hoods according to the Hindu Vedic
scripture. Had there been the construction of these monuments by the Mughal
Emperor, they would have never created such type of the Hindu Religions
identity inside these monuments. The true copy of the photographs of
imposter Koranic Script on Buland
Darwaza, Terrace of Anoop Mahal having so many construction leading to the
underground building, Snake like appearance having the appearance of “Shesh Nag
of Fatehpur Sikri indicating the aforesaid exposure of the truth for displaying
them in the present writ petition as a facts finding committee to revealed the
truth and to protect the monuments may be appointed by this Hon’ble Court, are
file herewith and marked as Annexure
No. S.A. 14, 15 ,16 to this Affidavit.
4.
That the stairways now closed
and shut down cleverly with the stone slabs by the custodian of the building
namely the walk Board after promulgation of walk Act 1995, further provides the
coverage to the deceptiveness of falsehood. It is curious to note that the
arches on the riverside have been closed up with rough brick-masonry which has
been eased exteriorly- towards the Yamuna river with red stone slabs bearing
carved designs. This masonry which is still going on inspite of the restriction
imposed under the Ancient Monument and Archeological sites and Remains Act,
1958 and the Ancient and Historical Monument and Archeological sites and
Remains (Declaration of National Importance) Act 1951.
5.
That the basement, which is
comprising of the Red Stone has been converted by deleting the sign of Hindu
construction of the building. Shah Jahan died in Agra Fort in captivity in the
early hours of the night of Monday, the 26th Rajab A. H. 1076/1666
A. D. Jahanara, daughter of Mumtaj Mahal was also living with Shah Jahan after
the death of Arjumand Bano Begum. On his death R’ an Andaaz Khan, the commander
of Fort, Khurajah Phul came into Ghusal-Khanah where Sayyed Mohammad Kannauji
and Qaji Kurban, chief Qaji of Agra were called upon. At Muthamman Burj where
Emperor Shah Jahan had died. His body was transported by boat through Darwaja
Nashab of the Muthamman Burj and the outer Sher Haji Gate, which are now closed
for the public.
6.
That, the claim set-up by the Archeological
Department that Taj Mahal was started during the regime in1628 and completed in
1656, when Shah Jahan was alive is a falsehood. The Tombstone are not
monolithic, but are composed of exquisitely dressed with marble slabs of
different sizes. The symbolic Motifs like Swastika, Cakra, Satkona (hexagon),
panchkona (pantagon), Sankh (wnch-shell) in the reverse order moving anti-clock
wise are found in every Mugal monuments situated at Delhi, Agra, Fatehpur
Sikri, Humayun’s Tomb, Akbari-Mahal, Jahangiri Mahal and at the Moti Majid of
Agra Fort and Janis Masjid of Fatehpur Sikri and at Akbari-Tomb (Sikandra,
Agra) are the symbol of Hindu worship. The octagonal basement is the
reciprocator of ten directions which is known only under Hindu Traditions includes
Earth and the sky apart from eight directions while the other religions namely
Christianity and Mugal consider only four directions. The animate motifs like
peacocks, fishes are worshipped by the Hindu the geometrical element like
triangle, square, rectangle found at Taj Mahal and also at Fatehpur Sikri and
Moti Masjid of Agra are the symbols of Hindu Traditional used during the Hindu
festival at the entrance of the Home side. Satkona and other weapons namely
Ankush (elephant goad), trishul (trident), Bana (arrow), parasu (mini-axe) are
seen in the large number of their variations which may be seen ad masons marks
at Taj Mahal and Fatehpur Sikri.
7.
That on the other hand ,the only
imposter made by the invaders during Mugal period are the fixation of the
Koranic Script out side these monuments after reshuffling of the main temple
and the Sanskrit writing on the temple, the description of which is found in
“BATESWAR INSCRIPTION” now preserved in side
the Lucknow Museum revealing the date of construction of Hindu temple by
Raja Paramdardi Dev, a Jat Ruler in 1155-1158, while the palace remain in
existence even prior to such period, may be seen by the close scrutiny of the
tiles planted on the main and side gates of the temple.
8.
That the common symbols found at
Fatehpur Sikri, constructional technique of all these building in one category
which are commonly represented as Hindu religious symbols building. The letter
of the Director General of Archeological Survey of India, New Delhi Bearing D.
O. letter number 54/16/73-M dated 22nd /24th May 1973 to
Dr. R. Nath, Professor of History Department and Historical research
Documentation Programme, Jaipur acknowledge the truth. It is alarming that
although the voice of the great historical was raised before the pavement
stones of the main plinth of tomb of Humayun was replaced by orthodox Muslims,
the preservation of the mason’s mark by the circle superintending archeologists
of the different regions would not be maintained despite assurance given by
then Director General M. L. Desh Pande in reply to the letter written by Prof.
R. Nath on 15th May 1973,.
9.
That it has been revealed to the
general public on the basis of the investigation conducted by the Senior Editor
of Amar Ujala, Sri Bhanu Pratap Singh, S/O Jagdish Prasad Verma, R/O MIG
1A-107, Shastri Puram, Sikandara, Bodhala Road, Agra, that there has been the
significant number of the facts and also on the basis of the evidence collected
that there are two floor red stone building below the white marble construction
of Taj Mahal. On the ground floor, there were toilets for the use of residents
of the Royal palace while the living
apartment are situated on the first floor. There are octagonal buildings
submerged inside the great historical monument which has been purported to be
the graveyard inside the middle of the white stone building while towards the
left side there is the mosque and on the right side the replica of the same as
alleged by the fundamentalists, individualists, supported by the protective
appeasement policy by enactment by the Wakf Act, 1995. The petitioner is also
filing the news Item published on
9/7/2003in “Amar Ujala” on the basis of investigation conducted at Taj Mahal
for foundation of claim set up through their own showing duly accepted by
Archeological Survey of India as Annexure
No.S.A.17 to this Affidavit.
10. That it has been further revealed
that the doors affixed towards Yamuna side were found for being carved out from
the wooden material, which were found to be aged about more than 800 years at
Brookline University, through carbon dating test conducted in America and as
such these doors have been mysteriously disappeared by the interested parties
under the garb of maintenance of
building under the provision of Wakf Act,1995.
There are more than ten chambers of the ground floor, which have been
sealed while twenty two chambers were hidden inside the red stone building, for
which, there is description in
Moinnudeen Book “The Taj and its Environments”. The petitioner is also filing
the news Item dated 20/7/2003published in “Amar Ujala” on the basis of
investigation conducted at Taj Mahal for foundation of claim set up through
their own showing duly accepted by Archeological Survey of India as Annexure No.S.A.18 to this
Affidavit.
11. That similarly there are number of the
remains of the deities/temples like structures lying there in Fatehpur Sikri,
which signifies the construction of the temple from more than two thousand
years before. The discovery of “Yakchh
Idol” fragmented deity comprising of significant sculptures work and a Shiva-
Linga of 3.5 feet height and a deity of the Vishnu have been recovered from the
adjoining areas of Fatehpur Sikri. There has been the demand of the people to
declare Fatehpur Sikri as an Ancestor Heritage City, which remained in
existence even prior to the period of before arrival of Christianity, when Lord Mahavira’s Jain religion was in
existence. The first Jain pilgrimage of
Rishi Bhagdev statue was recovered having the description of “Om, Samvat 1079
Jaishth Sudi 11 Ravi Swaty Nakshatray” , The transcription of “Sri Vimlacharya
samtane suplok cha dhanpatti tambhya karya titti” has been discovered written
upon the same. This signifies that in 1022 AD Din (Day) Swaty Nakshatray- Sri
Sambhaw Nath IIIrd Jain pilgrimage statue was constructed by the son of Sri Vimlacharya namely Pawan Srawak Devraj
and his wife Dhanpatti. These idols are hidden inside the earth in Sikri village,
while on the top hillside of Fatehpur Sikri, there are the existence of the
temple of Lord Shiva, Lord Vishnu and Maa Durga which are still hidden inside
the earth. This is still a secret, that
who have committed this scaffolding in order to provide the extinction of Vedic
literature from the access of the people. The petitioner is also filing the
news Item published on 2/4/1999, 15/6/1999,3/2/2000,15/1/2000, 29/1/2003 and
8/3/2003 in “Amar Ujala” on the basis of investigation conducted at Fateh Pur
Sikiri for foundation of claim set up through their own showing duly accepted
by Archeological Survey of India as Annexure
No.S.A.1 ( Collectively) to this Affidavit.
12. That Let us examine the
alleged expenditure set to have been incurred in construction of Taj Mahal. It
is alleged that the measurement of the size of Red Stone paved platform in
front of main gateway of Taj Mahal is 211.6 feet into 86.3 feet. The height of
the main gateway is 100 feet. The diagonal of the optagonal hall of the main
gateway is 41.6 feet while the size of each wing on the internal side of the
main gateway is 360 feet by 29.3 feet. While the size of the mosque-zamat Khana
or Mahman Khana are 186 x 51.9 inch length of the mosque is 186 feet. The
height of each minaret from the level of the garden to the apex of the Kalash
is 162.6 feet while according to the record of Survey of India the south-east
minaret and north-east minaret are 132.21 and 131.30 feet respectively. 243.6
is the total height of the main mausoleum the total height of domb from the
base of the drum to the apex of the final is 145.8-1/4 inches. The distance
from terrace on the internal side of the gateway to the central marble tank is
412.6 feet. These are the list of the various measurements of the Taj recorded
by Moinuddin.
13. That the cost of a gate of onyx with
mosaics and the gems has been recorded as rupees 21,482 approximately while the
network enclosure of silver and gold for the cell was approximately counted as
rupees 45,687. According to Moinuddin the weight of the Kalash of the main dome
is 33 “Mounds” and its cost is Rs. 13,688/- only. The cost of the tower of
Minar Mahal (Burj Minar Mahal Shah-Nashin Aiwan-Haye Khanah) is counted as
Rupees 4,77,449 approximately. The whole marble complex resting on the Chameli Farsh
(comprised of plinth, four minarets and the main tomb) was built at the cost of
rupees 1,05,23,063 which is more than one-fourth of the total cost incurred by
Shah Jahan. It is for the people to muster sufficient courage and be in a
position to exercise a little scholarly discretion regarding the truth of these
dates which will conform that there was no construction of the original
structure but the scaffolding of the existing structure by imposture of Koranic Script and the replacement of
Sanskrit verses signifying the construction the Hindu Shiva Temple already in
existence prior to Mughal invasion The peacock throne.
14. That the institute of
Islamic history culture and civilization Islamabad, Pakistan has published a
book on Thatta Architecture in 1982. This book disclose the monument built by
Mughal through bricks in their regions. It is important to notice that there is
brick built structure set have been raised during Shah Jahan period at Thatta.
There is no other name of any other Mughal ruler for construction of the mosque
of Tughril Begh showing the new technique to dome construction dated 1059 A. D.
/ 1649 A. D. by Shah Jahan. The tomb of Esa Khan II Tarkhan having the domed
tomb with pillared galleries dated 1054 A. H. /1644 A. D. On these construction
everywhere you may find the octagonal brick built tomb with Hindu Symbol
decorating the ceiling with Vedic scripture and paintings but these monuments
have least preserved by Archeological Department at Pakistan.
15. That the tomb is enclosure of Bqqi
Begh Uzbek showing the chronical dome on octagonal drum is said to have been
constructed on 1050 A. H. / 1604 A. D. The elevations of the grave stones of
Diwan Shurfa Khan showing the engraving decorated in typical Tarkhan Style on
the side of Cenotaph is dated 1038 A. H. / 1638 A. D. which is said to have
been construction during Shah Jahan reign at Thatta. The Amir Mohammad Khan
mosque at Thatta is a high soldiered single domed square brick built structure
depicting glazed tiles of Mughal Shah Jahan period is dated 1039A. H. / 1629A.
D.. The Janis Mosque of Thatta is said
to have been built by Mughal Emperor Shah Jahan which has triple entrance of
newly laid garden infront of mosque with water fountains playing in the middle
of water channels and cypress trees surrounding to the corridors is dated 1054
A. H. / 1647 A. D. during Shah Jahan period. The ceiling of the main entrance
of Janis Mosque showing the wooden dross glazed pannels enamelled tiling of the
wall, squint and interlaced arch at the underside of the half domb with a
ceiling with sunflower at the apex giving the effort of starry sky are
certainly the Hindu Religious symbols of architect which have been converted as
the Mughal monuments by Archeological Department of Islamabad. Thatta came
under the Mughals after Mirza Zani begh captured the city and there after his
son Mirza Begh later renamed as Jagirdar of Thatta came to the power during
Shah Jahan period.
16. That It is said that Governor
brick building known as Miran Shah tomb and mosque is situated north-east of
Sekhjia Tomb at Shahi Bazar Thatta. The inscriptions fixed over the Mihrab were
built by Nawab Abdul Razzaq Muzaffar Khan. The mosque of Jami Masjid is built
by Shah Jahan at Thatta in 1644 A. D. which was completed in 1647 A. D. But the
floor was paved with the stone in 1657 A. D. It is said that the first repair
of the mosque was carried out by Aurangzeb. Thus, it is manifestly clear that
on one hand the mosque os Jami Masjid was constructed by Emperor Shah Jahan
from 1644 A. D. upto 1657 A. D. was in progress by the different inscriptions
while on the other hand it is said that Taj Mahal was constructed after the
death of Mumtaz Zilani commencing from the period of 1628 A. D. / 1658 A. D. as
Emperor Shah Jahan was arrested thereafter and remained confined till his death
in 1666 A. D. The true Copies of the Extract of writing as displayed in THATTA
Islamic Architecture issued by Institute of Islamic History, Islamabad,
Pakistan shall be produced at the time of hearing.
17. That Hinduism is only a modern
regional synonym of Vedic culture, which gradually came into vogue from 312 A.
D. onwards when first cruel European tyrants such as Emperor Constantine of
Rome, King Clovis of France and Charimagne of central Europe began forcibly
subjecting people to a concocted Christianity, and three centuries later a crop
of Islamic tyrants compelled people to declare themselves Muslim through
terror, torture, tyranny, trickery, treachery, taxation and temptation.
18. That thus it is clear that gradually when people to the west of the
Sindhu (alias Indus river) got alienated by force from Vedic culture, they
began referring to the residual culture of the people to the east of the Sindhu
(alias Indu alias Indus) as Sindhus pronounced as Hindus, (since Semisphere is
pronounced as Hemisphere) or Sindhus alias Hindus alias Indians, as adhering to
a different ancient (worldwide) cultural free of any spiritual cumpulsions.
19. That since the coercive hold of
Islam covered and convered a large part of the world people, the people mow
misunderstood Hinduism to be a religion parallel to Islam. But as explained
above, Hinduism far from being any exclusive, coercive and illogical
dictatorial, imperial doctrine as Islam Hinduism is a world culture
encompassing all humanity from its very first generation almost 2000 million
years ago as per the tally recorded in Vedic astronomical almanacs.
20. That Its scriptures and other literature
such as the Vedic, Upanishads, Purans, the Ramayan, the Mahabharat – all enjoin
dutiful, helpful conduct towards all living entities including animal and plant
life so as to ensure the co-existence of all. Therefore Hinduism could also be called primordial Vedic culture applicable
to all humanity from the very first generation. Consequentlly all people
calling themselves Muslims (from 622 A. D.) and Christians (from 312 A. D.)
ought to realize that their ancestors practiced Vedic culture and spoke
Sanskrit. It took about 700 years to convert the whole of Europe, country by
country, starting from Rome. Among them the British Isles were forced to accept
Christianity in 597 A. D. Consequently Britons ought to know that for millions
of years prior to 597 A. D. their culture was vedic and language Sanskrit like
that of the rest of the world. This booklet is meant to inform all those
interested in the history of humanity in general and of Britons in particular
of the immense multilateral proof that is still available of the Vedic, Sanskrit
past of Britons. Similar booklets could be written about every country in the
world, which fancies itself to be Muslim, Christian, or Buddhist
21. That the petitioner no.2 has
written many books of the historical importance, which have been refereed in
the earlier paragraph in the writ petition. It is submitted that the Vedic
culture based upon Hindu Sanskrit was even in existence prior to the beginning
of the Christianity. It is submitted that one thing is crystal clear that
during the Mughal period and the British Invaders, none of them were interested
for exposing the falsehood imposed upon the united Indian Citizen regarding the
true authorship of these monuments, which were actually constructed and some of
them were worshiped for being the temple and other religious buildings like Taj
Mahal even existing prior to the arrival of Mughal Conqueror of the great
nation.
22. That the Waqf Act 1995 has
provided the further authority to the Muslim fundamentalist to scaffold the
existing monument by abrogation and subjugation of the existing structure to
their own pre-domination. Thus the facts finding committee is required to be
appointed to find out the truth as history may not be tutored according to the
dictate of the foreign ruler and the Hindu citizens who were living prior to
the arrival of Christianity may get their deemed justice for which they were
entitled to remain intact after the independence of our nation.
23.
That Justice is a virtue, which
transcends all barriers in the way of administration of justice. This is the acknowledged position of law that
no party can be forced to suffer for the inaction or omission on the part of
law enforcement agencies and whosoever he may be strong. Every decision will be
passed according to the procedure established by law. Thus the law has to bend
before justice. No court can restore the broken heart of the justice and
everyone should provide such protection, which is necessary for them like
dutiful parents. The decision may not be repugnant to the normal concept and
the basic unit of the society. It may not be allowed to be influenced by
immorality. Thus the ultimate responsibility is by enunciating the foundation
of a system, on which administration of justice may get the public confidence
in our judicial system.
24.
That the just and social duty is
cast upon the legal profession. This is possible by the conduct and action of
the people associated with legal profession by obliterating the inequalities as
uneducated and exploited mass of the people. It may get a helping hand. What is
legally due is to serve the duty and it is not worthwhile for an Advocate to
become the spokesman of the litigant irrespective of the fact and without even
knowing, as to whether his cause is meant for sponsoring the justice to the
society at large. The conduct anticipated in this manner is befitting from his
status by upholding the high and honorable profession. There are the high
expectations from an advocate, which is fair, reasonable, and according to law.
25.
That there is the gradual decay
of the above noted standard and the participation in the legal process, which
should have been conducted completely flawlessly and in foolproof manner. They
are picking out the lapses by expressing unsavory criticism. The consistency is
now been considered as no virtue and the obligation of judicial conscience,
which was meant to correct the error, is now manifesting like uncontrolled
epidemic. This was not the reason, why the legal profession has been accepted
as a noble profession. The whims and fancies of the members of judiciary do
certainly not control this, but it regulated from the professional ethics and
under the Advocate Act read with Bar Council Act. An advocate is accountable to
the litigants on whose behalf, he is expected to espouse the cause of
litigants.
26.
That the proceedings are
dependent upon the remedies available under the law. Every act of statutory
body, which must have been exercised by keeping the purpose and objective meant
for enshrine the statutory power with the authority, should have been exercised
by keeping the object of such power which is meant by the statute and not with
other extraneous consideration, otherwise the fraud will be perpetuated and the
faith and belief shall not be subjected to any judicial scrutiny. Thus an
accountability is must whenever as wrong is corrected. Some time in such matter
of adjudicating without any valid cause, the court unwittingly becomes party to
the miscarriage of justice. The judiciary is an ultimate interpreter of the
constitution, which is assigned with a duty of the delicate task ensuring that
the action of the authorities vested with the statutory power may not breach or
transgress its limit.
27.
That the dawn of independence has
virtually came with confrontation of many problems for effective
administration. The foremost and the prominent problem was rehabilitation of
the refugees. There was no place for providing them the basic requirement of shelter
and for that reason, the government provided the shelter home for them. The
locality was not congenial for their adaptation. Thus the hostility amongst the
people has started generating their side effects. The civilisation is the
beginning of the governance to any nation. In absence of any co-ordination
amongst the fellow citizens, the concept of social embodiment was virtually
evasive. Thus there was neither any co-operation nor co-ordination amongst the
citizens. The sole motto was to accumulate the resources for advancement and to
enforce their hypothetical illusive superiority amongst the other inhabitant.
Thus there was a complete absence of religious and spiritual concept in the
society.
28.
That no man can survive in
isolation. There is a rule of give and take. The moment, one person is inclined
to accept everything as a matter of his right, the person who is inclined to
give him his extra potential, withdraw the basic offer. This become the end of
social collaboration. No country is able to survive except by the will of the
people. The bitterness amongst the people may ultimately lead to a crisis on
psychological level. Thus the country required the coercive method for the
enforcement of law and order situation. This was on account of partition of
India.
29.
That the citizens, “we the
people” contemplating of the infringement of the indefeasible rights cannot be
told for tolerating infraction or invasion of their rights anymore, which is
guaranteed enough to relegate at the dawn of human rights jurisprudence
promulgated by judicial activism to fight their own battle in the forum
available to them under social action litigation. The Hon’ble Supreme Court has
put an end to instrument of status upholding the traditions of Anglo Saxon
jurisprudence and resisting radical innovation as honest in the use of judicial
power to promote social justice. Nothing rankles more in human heart than in
justice. Access to justice is basic human right on which is dependent other
rights relating to equality. Justice has always been the first virtue of any
civilised society. Life of law is a mean to serve the social purpose and felt
necessity of people. Affirmative action promotes maximum well being for the
society as a whole and strengthens forces of National integration. The
purposeful role for more active creative in deciding it by the court of law is
by not “what has been” but “what may be”. This is the role and purpose of law
for the sovereign power of “we the people” as enumerated in our preamble
constitution of India.
30.
That there are virtually no
individual fundamental rights except the right conferred under article 19 of
the constitution of India, rest are the fundamental duties of the state, which
are likely to be enforced for the protection of its citizen. By the gradual
advancement of the judicial activism, the basic fundamental duties embodied in
our constitution, have now been regarded as enforceable rights of the citizen
without taking into consideration as to whether the person, who is coming
forward for seeking the enforcement of such duties by the state, may actually
deserve for such enforcement under an equitable discretionary jurisdiction of
the constitutional courts in India. This is a basic flow in the process of judicial
verdict. There is the need that the impact and implementation of the law, which
is primarily concerned with a social science, may be able to achieve its
objective the concept and the guarantees enshrined under article 14 having two
connotation, i.e.. Equality before the law and the equal protection of the law
are not the same phraseology, although they appears to serve a common objective
to eradicate the social evils of inequalities and discrimination.
31.
That Article 14 has a pervasive
potency and a versatile quality, equilitarian in its soul, but allergic to
discriminatory dictates. It is well known that equality is anti-thesis to
arbitrariness. Since the license may not be given to a blind man to drive a
car, how worthwhile it may be to give the similar license to a criminal to do
every sort of atrocities being committed by indulging into the crime of the
innocent people. There are inherent restrictions applicable for the enforcement
of the individual personal right under article 19, which empowers the state to
enforce reasonable restriction on the exercise of the right of the people in
the interest of sovereignty, integrity of India security of the state, friendly
relations with foreign state, public order, decency or morality etc. including
the incitement to an offence pertaining to the reasonable restrictions
regarding freedom of speech and expression, to assemble ,to form associations
and freedom to reside and move freely throughout the territory of India.
32.
That by the constitution (first
amendment) Act 1951, there have been further restrictions to practice any
profession, or to carry on any occupation, trade or business for professional
or technical qualification as well as carrying on any occupation, trade or
business by the state and its instrumentality to the exclusion, complete or
partial, of citizens. Thus the question arises as to whether there may not be a
valid test of classification based on qualities or characteristics necessarily
coupled with the object of legislation based on intelligible differential,
which has certain nexus with the realities of the time to dealt with the law
and order situation by providing necessary restriction over the unchecked
liberty granted to the individual detrimental to its integrity and sovereignty
for prohibition to avail the benefit of equality clause by taking the rescue
for forbid classification. . There cannot be any enforceable fundamental right
to an individual for indulging in anti national activities. Thus the verdict
given by the Hon’ble Supreme Court in Minerva Mills Limited Vs Union of India
1980 (3) SCC 625 is required to be reviewed for effective enforcement of the
duties caste upon the citizen by passing through the test of "Form and
Object" and "Pith and Substance" to mould and replace by the
test of "Direct and Inevitable" effect.
33.
That the farmer of constitution has
miserably forgotten the basic and elementary principles of jurisprudence and
legal theory; that "every night implies the forbearance on the part of
others to perform his duty. Every right is correlated and coexistent with duty
"The preamble of our constitution was not having the boosting prospects to
its citizen of our constitution was not having the boosting prospects to its
citizens for resolving India as "Sovereign democratic republic and for
endeavour the unity of nation till 3rd January 1977.
34.
That these fundamental duties ten in
numbers touch almost all important aspects of National life of an individual
life of an individual as well as nation. These are true Magna Carta by adopting
an adhering to which in our life. We can achieve the objective of an
egalitarian society, free from corruption, oppression, favoritism, and
nepotism. Each of these duties, when decoded and dilated, will go to encompass,
the various facet of human activity and behaviour; a remedy to most evils
plaguing our society -an educational institution; a public undertaking etc. The
present day crisis is the result of the phenomenon where tried to achieve right
while forgetting corresponding duties as reciprocal to fundamental rights. We
may get rid of the despotic and corrupt tendencies of authority in politics and
administration having pressure groups ever hungry and lustful for privilege and
power.
35.
That the chapter of
fundamental duties in part (IV A under article 51 A has been introduced by our
constitution (Forty second amendment) Act, 1976(w.e.f 3.1.1977). The insertion
of new Article 31 C i.e. saving of laws giving effect to certain directive principles,
notwithstanding anything contained in the article 13, no law giving effect the
policy of state towards securing the principles laid down in part IV shall be
deemed to be void on the ground that it is in consistent with or takes away or
abridge any of the right conferred under the Article 14 &19 of the
constitution. The Supreme Court of Mineva Mills Ltd. Vs Union of India 1980 (3)
S.C.C page 625 has laid down the same as unconstitutional holding "that it
virtually tears away the hearts of basic fundamental freedom without which a
free democracy is impossible. This is a charter of class legislation.” The
Article 31 D pertaining to " saving of the law in respect of anti-national
Activities" has already been omitted by the constitution (Forty third
amendment) Act 1977 w.e.f 13.4.1978. The other Article 39(f) providing
"Protection to children" by giving them opportunities and facilities
in healthy manner and in conditions of freedom & dignity and that childhood
and youth are protected against moral and material abandonment" has been
inserted w.e.f. 3.1.1977. Equal justice and free legal aid for securing justice
to economically weaker classes and other disable down trodden citizens under
Article 39 A is on account of 42nd constitutional amendment. The
participation of workers in the management of industries and protection and
improvement of Environment and safeguarding of the forest in wild life under
Article 43 A and 48 A respectively have also been inserted by virtue of 42nd
constitutional amendment, Act, 1977. We could not achieve to cherish the goal
enshrined under Article 44 providing uniform civil court for the citizens, Thus
till the situation has not become alarming and the Govt. was not compelled to
impose the emergency, the farmer of the constitution have neither given any
heed for the insertion of the chapter of fundamental duties and directive
policies for the uplift of the poor worker, children and other disabled person.
It is certainly a matter of grade disappointment that till date these fundamental
duties and directive principles of state policy have still not been enforce as
that of the fundamental rights of the citizens, The country may be ruled down
by functioning anarchy and oligarchy, but the prosperity, integrity and
solidarity of the nation is impossible without the enforcement of the duties
assigned to its citizens”.
36.
That the Constitution (Forty Fourth
amendment) Act, 1978 has provided another directive principle under Article
38(1) & (2) that the state shall strive to promote the welfare of the
people by securing and protecting a social order and to strive to minimize
inequalities in income and endeavour to eliminate inequalities in status
facilities and opportunities not only amongst individuals, but also amongst
groups engaged in different vocations.
37.
That Professor Laski says ".
The centre of legal solidarity lies not in legislation, nor in jurist’s
science, nor in jurist’s decision, but in society itself.” The first
requirement of judiciary that it should correspond with actual feeling and
demand of the life. Unfortunately we are still upholding the traditions of
Anglo Saxon jurisprudence and resisting radical innovation in the use of
judicial power to promote social justice under our constitution. Justice which has
always been the first virtue of any civilised society is still required to be
traced down the beating the sticks over the impressions left behind by passing
through a snake of alien power ruling over the nation. Such traditions having
the glimpse of slavery was least concerned with the relief to the litigants but
continued to perform the deception by making the litigant as specimen in the
process of advancement of the judicial system. There are conflicting decisions
which were subsequently overruled but by that time the cause of the litigant
was decided on the wrong precedents.
38.
That Partition of India was purely
a political game fought with a mark of religious fundamentalism the speech of
Quaid Azam Zinnah on 11-08-1947 who vehemently advocated the two nation theory
was enunciated the Government of Pakistan policy has also realised the folly
committed in accepting partition on communal lines in these words:-
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