IN
THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD. Civil Misc.
Writ Petition No. 36818 of
2004 (Under Article 226 of constitution
of India) (District – Agra) 1. Institute of Rewriting
Indian History Through its Founder President, P. N. Oak. S/O Late Shri Nagesh Krishna Oak, R/O - Plot
No. 10, Goodwill Society, Aundh, Pune – 411007 2. P. N. Oak. S/O Late Shri Nagesh Krishna
Oak, R/O - Plot No. 10, Goodwill Society, Aundh, Pune - 4110071. Founder President,
Institute of Rewriting Indian
History, Aundh, Pune - 4110071 -----------Petitioner VERSUS Union
of India through Secretary, Human Resources and Development (HRD), Government
of India, New Delhi. Secretary, Tourism
and Archeological Department, Govt. of India, New Delhi Director
General, Archaeological Survey of India, Government of India, Janapath, New
Delhi.----------Respondents To,
The Hon’ble the Chief Justice and
his lordships other companion Judges of the aforesaid Court.
The humble petition of the
abovenamed petitioner MOST RESPECTFULLY SHOWETH AS UNDER;
1.
That, no
other writ petition has been filed or pending on the same controversy involved
in the present writ petition before this Hon’ble Court, nor the petitioner’s
institution, namely, “ Institute for
Re-writing Indian (and World) History” has received any notice of caveat
application so far in the present writ petition. The petitioner No.1 and
petitioner No.2 are same person, but they are impleaded in different capacity.
2.
That
this writ petition is moved to re-establish the truth and cultural heritage of
our Country. This writ petition is pertaining to the world marvel, one of the
Seven Wonders of the World, namely, Taj Mahal, and other monuments authorship
attributed to Hindu Rulers, much prior to the period of Mugal Invaders. The
ancient monuments and structure are part of our tradition and culture and
evidence of glorious-marvelous architectural achievement and further to that it
is a part of our heritage. Fraud upon history should not be perpetuated as life
is evaluated in the perspective of history. For the sake of history of
heritage, these monuments should be identified, protected and preserved
properly in the right perspective with right historical records of creation and
construction of truth and realities, which includes rectifying and/ or
correcting the wrong records, notions, motivated dis-information and mis-
information.
3.
That this
writ petition is moved in the Public Interest, for a National Cause, to
establish the truth there is no private interest or any other oblique motive,
or any other personal gain. The petitioner institution, known as Institute for
Re-writing Indian History, Thane, having registration no. F-1128 (T) is a
public trust. The founder president of the trust is Shri P.N. Oak S/o Late Shri
Nagesh Krishna Oak, R/o- Plot no. 10, Goodwill Society, Aundh, Pune.411007, who
has written number of books namely 1. World Vedic Heritage, 2. The Tajmahal is
a Temple Place, 3.Some Blunders of Indian Historical Research, 4. Flowers
Howlers, 5. Learning Vedic Astrology, 6. Some Missing Chapters of World
History, 7. Agra red Fort is a Hindu Building, 8.Great Britain was Hindu Land,
9. The Taj Mahal is Tejomahalaya a Shiva Temple, 10.Who Says Akbar was Great,
11. Vedic Guide to Health, Beauty, Longevity and Rejuvenation, 12. Islamic
Havoc in Indian History.
4.
That the
petitioner No. 2 is the founder President of an Institution, namely, “
Institute for Re-writing Indian (and World) History “. The aim and objective of
that institution, which is a registered society having register no. F-1128 (T)
as the public trust under the provision of Bombay Public Trust Act. Inter alia,
is to re-discover the Indian history. The monumental places of historical
importance in their real and true perspective having of the heritage of India.
The true copy of memorandum of association of the aforesaid society / public
trust having fundamental objectives along with Income tax exemption certificate
under section 80-G (5) of I.T. Act, 1961 for period 1/4/2003 to 31/3/2006 are
filed herewith as marked as Annexure No.1 and 2 to the writ petition.
5.
That
the founder-President of Petitioner’s Institution namely Shri P. N. Oak is a
National born Citizen of India. He resides permanently at the address given in
case title. The petitioner is a renowned author of 13 renowned books including
the books, titled as, “ The Taj Mahal is
a Temple Place”. This petition is related to Taj Mahal, Fatehpur- Sikiri,
Red-fort at Agra, Etamaudaula, Jama- Masjid at Agra and other so called other
monuments. All his books are the result of his long-standing research and
unique rediscovery in the respective fields. The titles of his books speak well
about the contents of the subject. His Critical analysis, dispassionate,
scientific approach and reappraisal of facts and figures by using recognised
tools used in the field gave him distinction through out the world. The true
copy of the title page of book namely “The Taj Mahal is a Temple Palace” .
written by Sri P. N. Oak, the author/ petitioner No. 2 is filed as Annexure –3 to this writ
petition.
6.
That the great “Kshatriya
community” pride to defend their faith and the culture of our country against
foreign invasions in converting the monuments by the foreign invaders requires
a sacrificial magnanimity and moral purity in the exposure of the truth to the
public and thereby to safeguard their right of freedom of information couched
under Article 19(1) (a) is the theme behind the writing this Article and the
present Petition .The serene beauty, majesty and grandeur of the Taj Mahal, one
of the seventh wonders of the world and other monuments is still not so well
known to the world regarding the true story of its origin. The magnificent
palace, which was built earlier got converted into the Tomb .The changeover has
proved a shroud deluding from lay visitors to the researchers and the great
historian Sri P.N. Oak, a co-worker of Netaji Subhash Chandra Bose. The popular
nostalgia of legendary love to get the conversion of every Hindu Palace/Temple
due to mythical attachment from fanatic raging fire converting dazzle of
leaping flames and blinding smoke should be discouraged into a cool research
regarding the origin. This is required to check a different form of terrorism
prevalent amongst the crusader of the death to the innocent victim on the
psychological level. Let us examine the scared truth about the origin of the
monuments.The true copy of the title cover of books namely “Some Missing
Chapters of World History” and “Some Blunder Of Indian Historical Research”
written by Sri P. N. Oak containing the Boigraphy sketch of identity of great
author are filed as Annexure No. 4 and 5
7.
That
the said book, which is the ‘ research paper’ of the author on the subject that
the so-called “Taj Mahal “ is not a
monument built by an Invader Emperor Shahajahan in memory of his late wife but
a Hindu Shiva Temple which was converted into a love-memorial by a Invader
Emperor. The true copy of the book was first published in 1968, 2nd
edition on 1969, 3rd edition in 1974 namly THE TAJ MAHAL IS
TEJO-MAHALAYA : A SHIVA TEMPLE is filed herewith as Annexure No.6 and
large 4th edition published in 1993 shall be produced is being
directed by this Hon’ble Court.
8.
That the afforesaid book
contaning 35 pages –booklet lists scrially numbeded 118 points of evidence with
may be treated as the submission made before this Hon’ble Court for making
following demands (I) The Archaeological Survey of India (ASI) be ordered to
remove forthwish its notices at the entrance to the Taj mahal in Agra
attributting its creation to Shahjahan, since those notice in English, Hindi
and Urdu are false and baseless and quate no authority.(II) Misuse of the left
– flank building as a mosque be banned since the entire premises constitute a
pre-Shahjahan Tejomhalaya Shiv Temple complex. (III) Free entry on Fridays be
ordered to be discontinued since there being no geniune mosque in the premises
why should the Government lose a day’s revenue! (IV) If Free entry on Fridays
is not discontinued then Mondays should also be free-entey days because that is
a day of special Shiv worship. (V) The Tejmahal, its two flanking buildings and
a well being all seven-storyed they enclose over a thousand rooms which should
all be thrown open to visitorssince they are charged an entrance free. (VI) The
A.S.I. be ordered to remove its locks from those storyed and also pull down the
crude unplastered walling-up by Shahjahan of staircases, ventillators and
doorways leading to those sealed rooms. (VII) The A.S.I. be directed to search
for hidden histirical evidence such as inscriptions, divine idols etc. in those
sealed rooms and thick walls tampered with by Shahjahan. (VIII) The water in
the seven-storyed wall be pumped out to look for jettisoned valuable and
inscription etc. at its bottom when Shahjahan’s Mogul troops swooped to
confiscate that temple palace complex and the bullion, gems, gold-pitcher, the
gem-studded gold-railing and the Peacock Throne inside, owned by Raja Jaisingh
of Jaipur. (IX) Beating of Nagaras (drums) at ausicious dawn and dusk hours be
resumed as of yore in the two Nagarkhanas in the premises. (X) Since the Taj
has two cenotaphs each in the name of Shahjahan and Mumtaz in two storeyes at
least one each of those two pairs of cenotaphs must be fake since Muslims don’t
cut their dead into two pieces to be buried under two cenotahs it is belived. Even
the basement conotaphs could’s be genuine because they are two storeyed higher
than the Yamuna river bed ground level. Therefore the ASI be directed to
investigate which of those cenotaphs if any are genuine or whether both are
fakes or whether there are any more fake conotaphs upto the ground level ? (XI)
The Koranic graft patched along the entrance arches be ordered to be removed
since those are illagel forged imposition to be Islamic lettering desecrating
the ancient sacred Shiv shrine. (XII) Extensive repairs to the hundreds of
sealed or locked rooms in the storeyes beneath and above the marble floor be
ordered to be undertaken immediately to prevent collapes of the Tajmahal from
internal weakness. (XIII) The A.S.I. should be directed to intestigate as to
who stencilled the Arabic letter ‘Allah’ and some Englishmen’s names on the
mental pinnacle shift rooted in the dome, since no such names exits on the full
scale replica of the pinnacle shaft inlaid in the red stone courtyard on the
eastern flank of the Tajmahal. (XIV) The Muslim attendants squatting by the
side of the cenotaphs should be decommissioned and disbanded because the
cenotaphs are fakes covering the ancient Shivlings. (XV) Since the towering
seven-storyed Tajmahal edifice must have been raised over an underground
basement the ASI should be directed to investigiate whether there is any such
hidden, buried basement as was the ancient Vedic practice.
9.
That
in 1155- 1158 A.D.It is said that Raja
Paramdardi dav, a Jat Ruler on his behalf and on behalf of the Minister
Salakahan who constructed Tejoji Mahal which came in occupation Of Raja Man Singh and remain in possession of Raja
Jai Singh when It was tken for conversion to Taj Mahal, for the purposes of
shifting the remains of Arjumand Banu( Mumtaj )W/o Emperor Shahajahan Died In
between 1629-1632 and buried at Burhanpur and her body Exhumed after about 6
months (as disclosed in Shahajan Badshahnama written by MullaAbdul Hameed lahori).
10.
That, it is said that in
1629-1632 A.D. Arjumand Banu( Mumtaj )W/o Emperor Shahajahan Died in between
and was buried at Burhanpur and her body
may be Exhumed after about 6 months.It is submitted that 1641-1668 A.D.is
probable period of the shroud deluding changeover of Hindu Palace/Temple as
mughal Monument/ Graveyard. It is submmited that in 1652 A.D. Aurangazab Letter
showing his somsidern about need of elaborate
repairs of Taj Mahal.. If Taj Mahal was constracted in 1641 to 1668, why
Auranjab sought for illobrate repair. It was nothing, except for changing the
authoriship of building as Mughal monument. In 1658 A.D. Emperor Shah jahan
died. Their after his graveyard was also placed in Taj Mahal near the graveyard
of Arjumand Banu( Mumtaj )W/o Emperor Shahajahan. It appear that koranic in
graving dragged for camouflaging Hindu building with Muslim Lattering as a
hoary tredition, which is evidence Adhai- Din-Ka-opda at Ajmar which was a part
of vigragharaj Vishandeo’s palace an also at kutabminar with a legerdemain of
Islamik carinngs on it.
11.
That in 1843 A.D., the
Governer General Lord Auckland with his lieutenant cunningham tempered entire
historical data of the arcologicaly department by converning the authoriship of these Hindu palaces to Mughal
monument for adoptding the policy of “Divide and Rule”. A deep Conspiracy
Committed By Lieutenant Alexander Cunningham in 1842-1847.
12.
That in 1904 A.D., the provisons of The Ancient Monuments Preservation Act,
1904,have further tempered the entire histrocial data of the arcologicaly
department by converning the authoriship of these Hindu palaces/monuments to
Mughal monument for adoptding the
policy of “Divide and Rule”
13.
That in 1951 A.D., the
provision of “The Ancient And Historical Monuments And Archaeological Sites And
Remains (Declaration Of National Importance) Act, 1951”are further intesified
the falsehood of these Buildings by shifting the authership of these monuments.
Thus this Writ Petition is filed seeking declaration to the extend of declaring
the ancient and historical monuments and other and Archaeological Sites namely
Taj Mahal. Fatehpur-sikiri, Agra Red Fort, Ethmadualla and other Monuments as
built by Mugal invaders allegedly on the
basis of report submitted by Then Governor General, Lord Auckland, and young
lieutenant Alexander Cunningham conceived indigenous scheme of “Divide and
Rule”and thereby misusing the
archaeological studies, be declared as ultravires to Article 19 (1) (a), 25,26
49 And 51-A (f) (h) Constitution of India.
14.
That this Hon’ble Court may
futher declare the provision of Ancient and Historical Monuments and
Archaeological Sites and Remains (Declaration of National Importance) Act, 1951
(71 of 1951), The Ancient Monuments And Archaeological Sites And Remains Act,
1958 of declaring these ancient building/ monuments preserved with such false
mughal identity with out any scientific inquiry/ investigation as purported
Mughal monuments / Graveyards as unconstitutional and void.
15.
That in 1968 A.D Sri P.N.Oak
written his first book titled as Taj Mahal is TEJO-MAHALAYA : A SHIVA TEMPLE.
In 1974 A.D. It is submitted that in the Carbon dating test –14 conducted of
the doors timber placed on the Northern side of
Taj Mahal building now remooved from its location Towards Yamuna River
at Dashahara Ghat and Basai Ghat from where the public could have a glance
towards Shiva Temple constructed at the top of
Raja Mansingh Palace Which was in Occupation of his grand Son Raja Jai
Singh, when it was forciably taken by Emperor Sahajahan for burial of Arjumand
Banu( Mumtaj )W/o Emperor Shahajahan Died in between and buried at Burhanpur and her body Exhumed
after about 6 months
16.
That this book is being
well accepted in India and abroad. The popular nostalgia for legendary love has
helped fan then flame of Shahajajahan’s mythical attachment to Mumtaz into a
raging fire, envoloping the taj in the dazzale of leaping flames and blinding
smoke of imaginary accounts, discouraging the cool, dispassionate research
about its origion It has raised no controversy. Since the reasons given therein
supported with documented record have proved conclusively the findings and
conclusions of the author. Thus the objective of the research conducted by the
petitioner No.2 is not to cultivate any animosity or any thing to invade the
feeling of any citizen, except the exposure of the truth to the citizen,
historians and to the young generation, as they may not be mislead by
falsehood, in order to swept away by the impulse of terrorist oriented approach
of the fundamentalist under our secular democratic structural approach in the
preamble of our constitution.
17. That Hindu Palace/Temple
conversion in Invader Monuments like Taj Mahal- Invasion of our Indian Heritage
by Archaeological Dept under the garb of The Ancient Monuments And
Archaeological Sites And Remains Act, 1958 ( Act No.24 of !958)- Indian Historical Blunders – A deep Conspiracy
Committed By lieutenant Alexander
Cunningham in 1842-1847.Reference collected from the books of Sri P.N. Oak –
The Taj Mahal Is A Temple palace – Some Blunder of Indian Historical Research
–Some Missing Chapters of World History- AGRA RED FORT is a Hindu building.
Published by-HINDI SAHITYA SADAN 2, B.D. Chambers, 10/54 D. B. Gupta Road,
Karol Bagh, New Delhi-110005.
18. That the freedom of speech
and expression is basic to indivisible from a democratic polity .It includes
right to impart and receive information. Restriction to the said right could be
only as provided in Article 19(2) to (6) of the constitution of India. The old
dictum let the people have the truth and the freedom to discuss it and all will
go well with the Government. It should prevail. The true test for deciding the
validity is whether it takes away or abridges fundamental right of the
citizens. If there were direct abridgement of the fundamental right of freedom
of speech and expression, the law would be invalid. If the provisions of the
law violate the constitutional provisions, they have to be struck down and that
is what is required to be done in the present case .It is made clear that no
provision is nullified on the ground, that the Court does not approve the
underlying policy of the enactment.
19. That the ambit and scope of
“Right to Know “ along with right of conscience, fath and Religion are
conferred fundamental right under Article 19 (1)(a), 25, 26, 49, 51-A (f) (h)
of the Constitution of India; read with the provision of Freedom of Information
Act, 2002 .The right to get information in democracy is recognized all
throughout and it is a natural right flowing from the concept of democracy
itself. Freedom of expression may be necessarily included in the right of
information. There is no expression with out having an idea on the subject,
regarding which the expression of an individual may be given effect to change
the existing values of ideology, which are based on the notable extracts of
certain facts. An enlightening informed citizen would undoubtedly enhance democratic
values. On one hand, we are suffering from the past prejudice of caste
predomination amongst the different section of the citizen. This country called
as Arya Varta in the ancient time was so excellent, as there was no match equal
to our country on this earth. The creation of the terminology of Aryan
considering themselves to be noble was earlier regarded the real philosopher’s
touchstone to eradicate the falsehood from its perception. However by the
gradual deterioration in the standard of the good behavior, righteousness,
decency which were having the foundation of impartiality, love and
conscientiousness, there has been the complete absence of discrimination in the
social coordination. The true copy of the provision of Freedom of Information
Act, 2002 is filed herewith and marked as Annexure No. 7.
20. That truth will not make us rich,
but it will certainly make us free. The wrong historical data leads to the
horror, as we have seen during the period of demolition of the Babri Masjid.
There has been number of concomitant given by the respective community
representing to the follower of two prominent religions, but the loss that we
have suffered in the shape of hatred between the two section of the society,
cannot be compensated without revealing the truth. Unfortunately, the term
Hindu communalism is more exaggerated by the fanaticism under the garb of
secularism, while the Hindu community as a whole has always been receptive to
all the religion. The question, which is cropping its importance, is much more
in relations to the question pertaining to Invader contributions to Indian life
and culture. Such facts which have been geared to brainwash the subject of the
pupil, with that of perverted history under the long spell of foreign rule, may
be distorted according to the command of the ruler and as such till date the
truth has not brought forward to the surface and is exclusively aliens to the
appeasement policy generated in order to rule the parliamentary democratic set
up in our country.
21. That the mentalities affect and
paralyse the traditional heritage and provide a loss to the integrity of our
country. Our ancient ancestors namely Rana Pratap and Chattrapati Shivaji
Maharaj and Guru Govind Singh during the period of Mughal rulers have not
conceded with the terror and torture, they used in proselytization. It is very
shameful for the independent citizens to live under the false perception of
character assassination. Thus in all fairness, we may be bound to accept that
although the Britishers may pose themselves more civilized, but inspite of
their so called great insight, there is the historical blunder committed by
them, while writing the Indian history in relations to the authorship of the
monuments. Invader rulers, without exception were sadist, yet they represent
themselves as just, kind and patrons of learning. The construction is seen with
all Hindu traditions, while these foreigners, who were either Invader or
crusaders have done the destruction of these constructions. These persons were
stained with all wickedness and disgraceful conduct, which is still apparent in
the society and remain prevalent during a thousand year of rampant Invader
communalism, then how we can expect that they have not demolished all the Hindu
Temple and converted them with slight modification as their monuments. The
township of Ferozabad, Tuglaqabad, Ahmedabad, and Hyderabad are falsely
ascribed to that of Sultan, though the same was belonging to our ancient Hindu
Rulers. The country in which the milk was available to every citizen without
investing any money to the extent of his requirement and consumption has now
been adulterd after ruthless killings of our cattle’s by these invaders of the
public confidence. Actually “Hinduism” is nothing representing to religious
foundations, but our belief, synonymous to nationalism and sooner it may be
understood and practiced in such a manner, we may seek the protection of our
integrity by saving the population of the innocent citizens.
22. That at Dilwara Jain temple
in District Shirohi, Rajasthan having the white Marvel and the Elephants
statue, there are still the sign of the atrocities committed by these Mugal
invaders having the mass destruction of the construction on the upper portion
of structure. However, since the temple lying below the surface was filled up
with the mud and earth., this Dilwara Jain Temple having identical construction
as that of Taj Mahal and other Marvel buildings could have been saved from
these invaders of Humanities. Thus the truth may be exposed to the public that
the invaders were never the Builders of monuments, but they were rather the
destroyer of our ancient cultural heritage, which was preserved by the 85% of
Hindu citizens from the time immortal. Let Hindu be now permitted to save their
temple from being converted to the Graveyards any more by our so-called
guardians of society under the appeasement policy of “Divide and Rule”.
23. That the mankind must
be satisfied with the reasonableness within reach and the decision-making
process may belong to the knowledge of the law. Thus the reasonableness and the
rationality, legality, as well as philosophically, provide colour to the
meaning of fundamental right .The concept of equality is not doctrinaire
approach. It is a binding threat, which runs through the entire constitutional
text. Thus the affirmative action may be constitutionally valid and the same
cannot ignore the constitutional morality, which embraces in itself the
doctrine of inequality. It would be constitutionally immoral to perpetuate
inequality among majority .The constitution is required to kept young energetic
and alive. The attempt be endured to expand the ambit of fundamental right. It
is said that the dignity of the ocean lies not in its fury capable of causing
destruction, but in its vast extent and depth with enormous tolerance. Thus the
wider the power, the higher the need of caution and care, while exercising the
power.
24. That public education is essential
for functioning of the process of popular government and to assist the
discovery of truth and strengthening the capacity of individual in
participating in decision making process .The decision making process include
the right to know also and pushing the protection beyond the primary level
betrays the bigwigs desire to keep the crippled more crippled forever. The
education of spiritualism is the foundation for value based survival of human
being in a civilized society. The force and sanction hidden behind civilized society
depend upon moral value; and the morality cannot be cultivated through the
falsehood of ideological barrier. Thus the children may not be required to read
such facts, which are having the foundation of falsehood.
25. That our educational
institutions are the foundation of the characteristics; on the basis of which;
the young generation will solve the problem of national solidatory and
integration. The children are taught to adhere with the truth for their
existence in future; but the alarming situation linked with the history written
by the alien rule has not only nurtured the myth amongst the independent
citizens; but many monuments have been falsely credited to the alien Invader
rulers, who were driven across the Indian borders at sword point and continued
to rule our nation mercilessly without given any importance to the existing
palace and the temple built by the inhabitant ancestors of the rulers at the
contemporary period.
26. That education is an investment
made by the nation in its children for harvesting a future crop of responsible
adults productive of a well functioning society. However children are
vulnerable. They need to be valued, nurtured, caressed, and protected.
Imparting of education is State function. Thus since the human mind is not a
tape recorder, it would make a perfect reproduction letter in the society .It
is said that every State action must be informed by reason. Thus the freedom of
expression, which includes “Right to Know” may be allowed to be enjoyed by the
citizen to the fullest possible extent without putting shackles of avoidable
cobweb of rules and regulations putting restriction on such freedom. Justice
has no favorite, except the truth. A reason varies in its conclusion according
to the idiosyncrasy of the individual and the times and the circumstances, in
which he thinks.
27. That the terminology of history is
derived from Greek word ‘Historia’ meaning there by an enquiry. Since the
enquiry is nothing, but the same is attributed to the different branch of
knowledge. Thus the inquisitiveness is always generated in educated mind. The
history should not be guided solely on etymological terminology. The meaning of
‘Itihas’ which is derivated from a Sanskrit word, leads to three terminology
.The first one namely ‘iti’ means such and such (a happening or event),’ha’
means indefinitely while ‘aas’ means happened. Thus the history is
chronological happening of the different event during the past period
28. That the Student/children, the
future citizens under taking the education of Indian History studying on the misconception/ pattern of
Anglo Saxon teaching, which was meant for division of Indian society on the
policy of “Divide and Rule”. There is a important question posed, as to whether
we have actually gain our independence or we have to undertake another journey
full of animosity, aggressism on account of terrorism and fanatic ideology
prevalent throughout the World of some particular religion. Thus on account of
being sentinel /Guardian at large, this is the voice of the majority of Hindu
Citizens to save our ancestral cultural heritage and thereby to give protection
to our future citizens. They have the threat of being subjected to atrocities,
if the drastic step to save the citizens from the oppression and exposure of
falsehood may not be done at an earliest time. Thus every nationalist, who has
got a slightest patriotic cult in his inhibition, has got a Fundamental Right
and a Constitutional Duty to safeguard our cultural heritage against the
falsehood. Imparting of education is a State function. The State, however,
having regard to its financial and other constraints is not always in a
position to perform its duties. The function of imparting education has been,
to a large extent, taken over by the citizens themselves. Some do it as pure
charity; some do it for protection of their Interests.
29. That Article 25 of the
constitution in India secures to every person, subject of course to public
order, health and morality and other provisions of Part III, including Article
17 freedom to entertain and exhibit outward acts as well as to propagate and
disseminate such religious belief according to his judgement and conscience for
edification of others. The right of the State to impose such restrictions as
are desired or found necessary on grounds of public order, health, and morality
is inbuilt in Arts. 25 and 26 itself. Article 25(2)(b) ensures the right of the
State to make a law providing for social welfare and reforms besides throwing
open of Religious institutions of a public character to classes and sections of
Citizens and any such rights of State or of the communities or classes of the
society were also considered to need with due regulation in the process of
harmonizing the various rights. The vision of the founding fathers of the
Constitution to liberate the society from blind and ritualistic adherence to
mere traditional superstitious beliefs sans reason or rational basis has found
expression in the form of Art. 17 of Constitution of India. The protection
under Arts. 25 and 26 extends a guarantee for rituals and observances,
ceremonies and modes of worship which are integral parts of religion but as to
what really constitutes an essential part of religion or religious practice has
to be decided by the courts with reference to the doctrine of a particular
religion or practices regarded as parts of religion
30. That a society, where there is no
moral values, there would neither be social order nor secularism. Bereft of
moral values secular society or democracy may not survive. Almighty alone is
the dispenser of the absolute justice. Thus an independent and efficient
judicial system, belong the repository of omnipotent power is always consider
as one of the basic structure of our constitution. The pre-constitutional days
cannot be countenanced as a source of law to claim any rights, when it is found
to violate human rights, dignity social equality amongst citizen. Democracy
cannot survive and the constitution cannot work unless Indian citizens are only
learned and intelligent; and they are also of moral character and imbibed the
inherent virtue of human being such as truth, love and compassion. Duty of
every citizen of India is collective duty of the state.
31. That every citizen of India is fundamentally
obligated to develop a scientific temper and humanism .He is fundamentally duty
bound to strive towards excellence, in all sphere of individual and collective
activity, so that the nation constantly rises to the higher level of endeavor
and achievements. Everyone, whether individually or collectively is
unquestionably under the supremacy of law. However it is true that exaggerated
devotion to the rule of benefit must not nurture fanciful doubts or lingering suspicion
and thereby destroy social defense, as the curiosity cannot be the subject
matter of fair criticism. Thus the conclusion derived that on one hand, every
citizen is having the freedom of speech and expression so far as they do not
contravene the statutory limits and may prevail in the atmosphere with out any
hindrance. Fundamental duties and the obligation of the citizen may yet provide
a valuable guide and aid to interpretation of constitutional issues which not
only required for resolving the issues but also to provide guidance to the
society. Giving a man his due, one of the basics of justice finds reflected in
right to equality .Law frowns upon such conduct thus the court accords
legitimacy to possession in due course of time.
32. That the concept of sovereignty
was present from the ancient time but the sovereignty was conferred upon an
individual who is suppress the wicked and is recognized as great resources in
itself like the god of fire, air, sun, moon and religion. The religion in the
ancient time was considered as spiritualism and it was not dependent upon any
ritual ceremony, but it was considered s the knowledge in the darkness of
ignorance and injustice. The sovereignty was supposed to promote the cause of
the religion, wealth and enjoyment of life and those, who were voluptuous,
malicious, mean and low-minded, were ruined by the retributive justice. Thus
the sovereignty was considered as a destroyer of the wicked by fire; a
restrainer of the wicked by storm (Varun) and its controller. It was considered
to be the dispenser of ease to the best pupil like the moon and a replenisher
of wealth. These qualities were the quality of the sovereign power.
33. That now the sovereignty is
attributed upon the three institution namely the legislature, the executive and
the judiciary. The combined effect of the three institutions makes a democratic
society. The legislature is creature like lord Brahma while the executives like
lord Vishnu may provide the welfare to the public. The judicial institutions
like lord Shiva is the dispenser of justice and is also the protector of all
subjects. The law of retributive justice wakes when the people sleep. Hence
wise men regard the law or punishment as virtue or religion.
34. That the sovereignty and the
people should form three Councils, Educational, Religious, and Administrative.
One individual should not have the absolute power of government, the
sovereignty being the general president of the councils .The qualifications of
the president the presidents of separate councils are their interest in the
welfare of the country, their excellence of learning and character, and their
influence over the people. A country prospers as long as the people are
righteous. Also their welfare requires the appointment of learned educational
officers, appointment of learned men as the dignitaries of the spiritual
council and of virtuous learned men as administrators. Obedience to law is
required of all.
35. That the secularism is the
basic structure of constitution and as such in absence of study of religion for
generating brotherhood amongst the fellow citizens as to provide mutual
coordination and the ideology of live and let live to other is the basic
education, which cannot be said as an attempt against the secular philosophy of
the constitution .The constitution as it stands does not proceed on the
“melting pot theory” while it represents a “salad bowls”, where there is
homogeneity without any obliteration of identity . The foundation of the religion
is spiritualism, which is based on trust and confidence and an ability to
strive for the good self of the other individual. The law must be enforceable
to preserve the society with out any derivation and hindrance and thus it may
not resultantly face the social catastrophe.
36. That the little Indian shall
not be hijacked from the course of freedom by mob muscle method and thereby to
subtle perversion of discretion by other large Indian “dressed in little, brief
authority”. The people of our country has right to know every public Act and
the principle of finality may not be insisted upon as the maxim “interest reipublicae ut sit finis litiun”. Wisdom
and advisability of public policy may be demonstrated in order to given effect
to the statutory provisions under our constitution thus an inquiry and
investigation may be needed a complete with the opinion of the expertise to
arrive a conclusion as to whether the plurability in a society is not splited
the very object of the law through appeasement to the minority group of the
citizen in order to provide a conducive political social and legal framework
with out destroying the very fabric on the basis of which the pillar and the
foundation were built in order to assimilate the minorities with the majority.
37. That the Hon’ble court may never
venture to disown its jurisdiction when the constitution is found to be at
stake and the fundamental rights of the citizen are under fire of falsehood and
thereby usurpation of the power by terrorizing for personal leisure and
pleasure through self created dogmas and rituals of particular religion at the
cost of other citizens. Thus the exposure of the falsehood may become the right
of the affected party to vanish the assertion based on unpatriotic sentimental
perversity.
38. That in Bijoe Emmanuel Vs
State of Kerala (1986) 3 SCC 615, the
question raised in the aforesaid case, as to whether three children who were
faithful to “Jehovah’s witnesses” may refuse to sing our national anthem or
salute the national flag of our country despite being the student in the
school, where during morning assembly, the national anthem is sung by other
children. The circular issued by the Director of Public Instruction, Kerala
provided obligation of school children to sing the National Anthem. Thus these
children were expelled. The Hon’ble Supreme court while setting aside the
aforesaid order of expulsion of the children from the school was pleased to
examine, as to whether the children faithful to “Jehovah’s witnesses”, a
worldwide sect of Christianity may be compelled against tenets of their
religious faith duly recognized and well established all over the world which
was upheld by the highest court in United States of America, Australia and
Canada and find recognition in Encyclopedia Britannica. It was held that the
appellants truly and conscientiously believed that their religion does not
permit them to join any rituals except it them in their prayers to Jehovah,
their God. Though their religious beliefs may appear strange, the sincerity of
their beliefs is beyond question. They do not hold their beliefs idly and their
conduct is not the outcome of any perversity. The appellants have not asserted
the beliefs for the first time or out of any unpatriotic sentiments. Their
objection to sing is not just against the National Anthem of India. They have
refused to sing other National Anthems elsewhere. They are law abiding and well-behaved
children, who do stand respectfully and would continue to do so, when National
Anthem is sung. Their refusal, while so standing to join in the singing of the
National Anthem is neither disrespectful of it, nor inconsistent with the
Fundamental Duty under Article 51 A (a). Hence no action should have been taken
against them.
39. That in a pluralistic society
like India, which accepts secularism as the basic ideology to govern its
secular activities, education can include study based on “Religious Pluralism”.
Religious pluralism exclusivism and encourages inclusivism. Thus in pluralistic
society, it is necessary that there may not be any encroachment upon the
follower of other ideology. Value based education is likely to help the mission
to fight against all the kinds of prevailing fanaticism, ill will, violence, dishonesty,
corruption and terrorism in the different form Citizens by getting the
protection to a certain degree of preference to the minority on the cost of
majority of citizen .The education is permissible only on the grounds of
convenience, suitability and familiarity with an educational environment but
the same should not be excessive to the substantial departure of tolerance and based on practically not
existent intolerable fanatic ideological
aggressism .
40. That the prevalent socio-economic
system having the vast majority of the people, ignorant uneducated and easily
liable to be mislead may also be provided their due legitimization in
governance of their life as they repose tremendous faith in the secularism .It
is the constitutional obligation of the state to provide the justice by
emancipation of the falsehood as the commitment of Article 19 (1) (a),
providing right of expression to an individual. It may be unreasonable if we
are unable to give the exact definition of reasonableness to the people in a
democratic institution .Law cannot afford any favorite other than truth as the
manifest injustice is curable in nature; rather than incurable mediocrity over
meritocracy, which cuts the root of justice. Protective push or prop by way of reservation
or classification must withstand any over generous approach to the section of
the beneficiary, if it handles the effect of destroying another’s right to
education, more so, by pushing in a mediocre over meritorious and thereby
belies the hope of generating the social coordination.
41. That long slavery, paradoxically
enough, makes the slave to look upon the very change that bind him as his life
support. This story was told to the convict in ancient time and who was
confined in the dingy cell for fifteen years. After fifteen year the detainee
was set free and he gingerly step out of the prison gate. His eyes, which were
used to the dim light wilted at the bright sunshine outside everything
including traffic, the gazing eyes were the strange look to the detainee and as
such he felt terrified. He took a long look at the outside world and thereafter
he inhaled a deep breath and there after by a sudden dash he again reached to
his dog’s tether in the cell as his imprisonment has sapped his self-confidence.
This is what has happened in India.
42. That this feeling utter
destitution, dejection, desperation and the loss of all confidence is the
result of our slavery, by which the Indians have forgotten their own past
history, lost freedom and obliviousness of the delights of an unfettered life
thus it is necessary to keep the flame of the truth burning in the heart of
every enlightened citizen as the majority of the public is unaware of the
truth.
43. That the glory of our country may only
be restored when our traditional heritage culture may revive, when every
citizen may get the rid from adulterated history. The historical concepts,
which have been distorted during the long period of slavery, may become a task
of utmost importance and urgency. An inadequate understanding on impressionable
citizen has resulted in the further accessibility in implanting the misleading
concepts and thereby breaking the heads and idols of the fellow citizen due to
the segmentation of the society in many composition.
44. That the true history must
atleast be written in the contemporary language and it should remain
independent from interpolation, otherwise the very existence of our cultural
heritage may be evaporated from the sight of the future generation. The
Governor General, Lord Auckland, and young lieutenant Alexander Cunningham
conceived indigenous scheme of misusing the archaeological studies. This young
Cunnigham, an army engineer had no training in the archaeological department, he
wrote a lengthy letter dated September 15, 1842 suggesting archeological
exploration in India. This letter is reproduced on page no 246 Volume 7 journal
of Royal Asiatic Society, London, 1843 A. D. It discloses that the purpose of
archeological exploration in India is neither the study; nor preservation of
historical monuments, but to use archeology as the imperial tool to create
mutual dissension and resentment between Buddhists, Jains and other Hindu with
Invaders by falsely crediting all monuments to the authorship to alien invaders
while few may be labeled as that of being constructed by Buddhist or Jain, but
not by Hindus.
45. That the indo-saranice
theory of architecture is the existence of Hindu patrons in all medieval
monuments thus it is necessary that the credit must be given to such Hindu
artists who designed the monuments. It may not be given to medieval cruelty and
fanaticism adopted by chauvinistic Invader invaders. The infidel designs on
each and every Invader mosque and tomb reveals the tolerance of Hindu citizens
who were subjected to the cruelty and terrorism from the last one thousand
years. This article does not reflect any animosity between the different
section of the society but this is a description of sum of the thought
provocating a revelation in relations to the blunder committed by the Historian
on the foundation of sacrosanct concepts.
46. That the pioneer, In English
daily newspaper of Lucknow it was observed that “The Archeological survey of
India reports (brought out under Alexander Cunningham) are feeble, inane and
all but useless and the Government has reasons to be ashamed of the majority of
the volume. It appears that Cunningham planted false Invader cenotaphs inside
Hindu building, inserted Koranic over writing on Hindu edifices and sponsored
the fabrication of documents to be given to Invader caretaker for conversion of
the Hindu Building like Taj Mahal, Red fort, Fatehpur Sikri, Sikandara,
Etmadudullah built by Hindu rulers to the Invader monuments. Let us begin with
the dubious instance of 230-ft. high tower called as Qutub Minar to which
historian claims to have been built by Qutuubbdin Aibak from 1206-1210 A.D. The
other historian claims that it was built by his son- in- law and successor Iltmash,
while other claim it to be built by Allauddin Khilji. The fourth view is of
Ferozshah Tuglaq, while the fifth view is that all these rulers jointly or
severely built the tower. Everyone knows that there is no basis for the above
assertion. But the public knows the truth by mere seeing the sight of Qutub
Minar that the same is having so many deity and temple adjoining to this
monument. The true copy of report published in Hindustan Times regarding the
sign of maker of Taj Mahal published on 6th July 2004 is filed as Annexure
No. 8 .
47. That these historians may be
impeached for gross dereliction of their duty and for committing cheating upon
the conscience of the public. The truth is not amenable to all individual as no
one could dare to become vigilant enough and to collect true version about the
mediaeval township of Hindu rulers. We therefore caution the world of history
not to place any faith in Anglo-Invader translations of Invader lettering or
documents made hitherto.it is submited that The number of report regarding the
authorship of Taj Mahal, Fatehpur-sikiri published in Amar Ujala on the basis
of the reserch condect by its Senior Sub-Editer Sri Bhanu Pratap Singh Resident
of Shastri-puram, Bodala Road, Sinkandra, Agra shell be produced at the time of
arguments.
48. That the Later Percy Brown, James
Ferguson, Sir Kenneth Clarke, Sir Bannister Fletcher and Encyclopaedia
Britannica orchestrated the same cunning tune of Cunnigham. That resulted in
firmly establishing and perpetuating a colossal archaeological fraud which is
being sedulously taught all over the world as profound academic truth and is
echoed in newspaper articles and telecasts for over a century. Cunningham’s
suggestion was obviously highly appreciated. Because when he retired from the
army as a Major General he was straightaway appointed the first archeological
surveyor of India in 1861,as director from 1862 to 1865 and as Director General
from 1871 to 1885. Thus the historical
data based on archeological study conducted by Cunningham are scheming brain of
notorious design regarding their vagueness and deceptive notions. The
archeological survey of India was dramatically closed from 1861 to 1865 when
the two assistant of Cunningham namely J D Beglar and Carlleyle took over the
charge and prepare the list of historical monuments with fabricated historical
records. Consequently persons working around the world as the expert Invader
known as Saracenic architecture in museum became the pseudo experts unwittingly
perpetuating the fraud with the people. T he historical cities were converted
to Islam and the pre Invader edifices built according to the Vedic architecture
were vanished from existence.
49. That the ancient Indian history
is remarkable from the time of the epic of Ramayana and Mahabharata. There are
the evidence that their exists the Hindu palaces having the creation of it by
the marble and other precious stone. In the ancient time there was sculpture
based on our ethical and religious concepts. The cultural heritage was in
existence in the form of iron pillars, the mandate of the ruler on copper
scripts and the creation of the artistic image indicating civilization on the
different religious temple of the contemporary period. These were the valuable
antiques, which were ruthlessly destructed by the foreign invaders. The
portraits of the ruler and their identification could be seen on the rocks and
coins of the relevant period, which are hidden inside the earth due to the
barbaric destruction of our Hindu heritage. The prominent place of these
heritage found are at Mohinjaddeo, Harrapa (Sind), Takshila (Punjab),
Kaushambi, Sarnath, Mathura(Uttar Pradesh), Patilaputra , Nalanda(Bihar),
Rajgiri , Sanchi, Burhotra (Madhya Bharat),Agadi, Vanvasi, Talkand and
Maski(south).
50. That there has been number of
articles written by foreign visitors/delegates/diplomat and ambassadors amongst
whom Magastahenes from Domiscus (Syria) and Deoneses (Egypt) are prominent .The
descirption of the great ruler Sri Chandragupta Maurya may be found in the
writing of Magasthenes. The Chinese writer Faiyan left the glimpse of
Vikramaditya period thereafter Honchong came to India and remained here for about
15 years who has described the period of Harshvardhan religious and social
coordination. Harshvardhan was the prominent ruler of our nation. At the last
we may get some description from the article of Alavruni who came along with
Mohammed Ghaznavi and examined the traditions of Hindu which are described in
(Tahikate hind )
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