Supplementary Affidavit;Writ Petition No. of 2004 Institute of Rewriting Indian History Through its Founder President, P. N. Oak

[yogesh saxena]

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
Index
Supplementary Affidavit
In Support of
Civil Misc. Writ Petition No. of 2004
(Under Article 226 of constitution of
India)
(District – Agra)
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 and another
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD.),
Government of India, New Delhi. And others …………...Respondents

Sl. No. Particulars Dates Annexure Page No.
1. Supplementary Affidavit
2. True copy of the Report Published in Many Newspaper 1
3. Extract of the vedic culture in India written by the petitioner
2
4. List of the Temple destructed by the Mughal Invaders comprising of
634 temples. 3
5. Photographs Showing the lower construction hidden from being
access in Red Fort Of Agra 4
6. Photographs of the pillar having the Lotus, OM, in flower pot and
Shiv Lingi in Deewane-e-Khas at Red Fort At Agra. 5
7. Photographs of displayed on Marble Plank out side the Taj Mahal 6
8. Writing displayed about the replacement of the Gold Kalash by
Captain Joseph Tailor 7
9. Copy of the Literature by Archeological Survey of India 8
10. Photographs of the files having Koranic script 9
11. Photographs from back side showing the construction 10
12. Marking of the Kalash on the terrace 11
13. Reshuffling of the main temple and the Sanskrit Bateswar
inscription 12
14 The Script out side the Mosque like appearance 13
15. Photographs of imposter Koranic Script on Buland Darwaza
( Fatehpur Sikri) 14
16. Terrace of Anoop Mahal 15
17
18

19

20 The appearance of “Shesh Nag of Fatehpur Sikri
news Item dated 9/7/2003published in “Amar Ujala” on the basis of
investigation conducted at Taj Mahal
news Item dated 20/7/2003published in “Amar Ujala” on the basis of
investigation conducted at Taj Mahal
news Item dated 2/4/1999, 15/6/1999,3/2/2000, 15/1/2000,29/1/2003 and
8/3/2003published in “Amar Ujala” on the basis of investigation
conducted at Fateh Pur Sikiri 16

17
18

19



Dated:-9th December,2004
Yogesh Kumar Saxena

Advocate, High Court

(Counsel for the Petitioner)
Chamber No.
139, High court, Allahabad










IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD.
Supplementary Affidavit
In Support of

Civil Misc. Writ Petition No. 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 - 411007 ,Founder
President, Institute of Rewriting
Indian History, Aundh, Pune –
4110071-------------Petitioner


VERSUS

1. Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi.

2. Secretary, Tourism and Archeological Department, Govt. of India,
New Delhi

3. Director General,
Archaeological Survey of India,
Government of India, Janapath, New Delhi.---------
Respondents

Affidavit of Pankaj Kumar, Advocate, High
Court
Aged about 26 years s/o Sri
Lal Bahadur Singh
R/O. Village and Post Azampur Via Noorpura
District Bijnor at Present C/o Shri Yogesh Kumar Saxena Advocate High
Court R/o H. I. G. 203 Preetam Nagar Allahabad.
( DEPONENT)
I, the above named Deponent, do hereby solemnly affirm and state as
follows:
1. That the deponent is the active life member of the Institute
of Rewriting Indian History and has been authorised through its
Founder President, P. N. Oak. S/O Late Shri Nagesh Krishna Oak, R/O -
Plot No. 10, Goodwill Society, Aundh, Pune – 411007, petitioner No. 2
of writ petition to file the affidavit in support of writ petition and
as such he is fully acquainted with the facts deposed to below.
2. . That Sri P.N. Oak was born on 2nd March 1917 at Indore and he
fought the battle of independence in association with Neta Ji Sri
Subhash Chandra Bose and thereafter conducted the research on the
ancient Vedic Cultural Heritage in India and also in different part of
the World. He is now running at the age of above 87 years and is
suffering from ailments due to old age and as such authorised the
deponent to file this affidavit, which may kindly be accepted by this
Hon’ble Court.
3. That the entire world is being fool by the
fundamentalist follower of the Mughal invaders by drawing the
attention of the tourist to the self exposure of the truth through
falsehood, which will be revealed to every conscience citizens by
introspection’s of the preaching given to the visitors by the self
proclaimed guide of these monuments. It is submitted that can there be
two graves of Arjuman Bano, Mumtaj Zilani and Shah Jahan on 3 – 4
floor of the building at two places at the same time. There is also an
interesting phenomena, which is hidden regarding the existing
monuments having the octagonal well for the supply of the water inside
the Red Stone building having the different idols, deities and the
symbol of worship of the Hindu religion , mysteriously covered with
hypothetical justification , which are concealed for visiting by the
tourist even at the cost of collapsing the monument of Taj Mahal . The
similar structure providing the coverage to the big building towards
its right and left side have been deflected to be to mosque and the
replica on the other hand. Can there be the existence of symbol like
Swastik, OM, Lotus, Snake, Peacock, and Trident in every carving out
of the structure to the public. The coconut with mango leaf put on the
top of the pitcher is the symbol of worship copelled with these
identities. What is hidden inside the dome structure, which is never
allowed to be visited to its visitors. Can there be any octagonal
building chosen by a Muslim Ruler, which is a symbol of recognition of
eight directions/ dimension of the universe recognize by Hindu
religion? Can any one may imagine it as the truth that the Koranic
scripts is carbed out on the tiles , which has been pasted by removing
the existing recital of Sanskrit Stanzas written by the creator of the
said temple. Can the Union of India pose any justification for closing
of the red stone building by placing the mud on the front side up to
plinth of marble construction? Can the Govt. of India may provide any
justification for closer of the doors of the two story building made
out of the red stone visual towards the back side of the Taj Monuments
with the doors permanently sealed through its imposture stone planted
from out side for hiding the truth regarding the actual authorship of
this monuments of national importance.
4. That similarly at Agra Red Fort for providing a true barrier
upon the identity of the great monuments, the hidden chamber inside
the building below the structure shown to the public are purposely
concealed from the eyes of the visitors, which have the existence of
the Hindu tradition of construction of the palace by Hindu Ruler as
their style of living and for accumulation of the natural rainy water
“Babali” but it has been candestalinely concealed from the general
public. The reason for concealment of all these important historical
evidence is on account of the fact is that there are three caves
leading to the different monuments of Etmaudolla, Fatehpur Sikri and
also to Taj Mahal. If these caves are allowed to be seen by the public
and the scientific investigation of the same may be permitted to be
done regarding the hidden chamber through scientific method, it will
be revealed that the existence eof Agra Red Fort was remain in
existence for more than 2,000 year before when great emperor Akbar and
emperor Kanishka have used these buildings as there palaces.
5. That Fatehpur Sikri is the great heritage of Hindu
Sanskriti, in which starting from Jain religion upto the period of
emperor Ashoka there were many rulers using this heritage city of
Hindu culture and religious identity as there palace and other
religious monuments. However the under ground hidden chamber still
visualize to the public regarding their existence may be seen from out
side but surprisingly enough to submit that these hidden apartment and
other idols and deities recovered from village Kagarol at the nearby
vicinity of Fatehpur Sikri are not visualised by the Archaeological
Survey of India till date. Can the bast majority of Hindu religion may
desperately be allowed to see the existence all of these monuments
having the fixture and identity resembling to the Hindu religion to be
supervise by the follower of the Muslim invaders under the garb of
having the alleged mosque inside all the three buildings and to get a
caumaflag of the Muslim pre-domination under the provisions of the
Waqf Act 1995on the basis of diplomatic appeasement policy to the
minority by the Central Government? Or the majority of 85 % of the
population has got their right to become conversant regarding the
truth hidden inside these buildings. It is submitted that our children
may not be thought the historical events with the falsehood, which is
based on false perceptions of the super domination of such elements
having the dis integration of the nation, which was visualize at the
time of partition of our country in two segmentation on the devise of
the British policy adopted by our present day politician to rule upon
the nation. Thus the petitioner is filing the present Supplementary.
Affidavit for placing certain other facts , which may provide
strengthen to the relief sought in the present writ petition and
thereby the indulgence of this Hon’ble Court as these monuments may be
protected in respect of their two identity otherwise the hue and cry
listen at present from the scream of the future citizens having the
prospective atrocities repeated by fundamentalist aggressors invaders
to our great cultural heritage, may never forgive their curse to the
present system having the foundation of three institutions in our so
called democratic set up in our country
6. That these monuments are being neglected. The 150 year old
Archaeological Survey of India seems to have lost its direction and
zeal to conserve the National treasures on account of these
scaffoldings committed by the interested parties having the control of
these so- called Mughal monuments under the provisions of Wakf Act,
1995 in Agra- Delhi circuit due to all kinds of malpractice. A long
list of charges against the mandarins in the Agra ASI would shock any
one concerned about preserving history and culture. The ASI’s pathetic
goof- up in the Taj Heritage Corridor is well known. But no heads
rolled in the Archaeological Survey of India for failing to sound the
alarm bell on the corridor project in time. The Archaeological Survey
of India mandarins have acted according to their whims and fancies in
the matter of restoration work. Several important monuments including
the Jami Masjid of Agra and the tomb Rasul Shah near Fatehpur Sikri
have been will fully neglected, though these buildings are in need of
immediate repairs. Archaeological Survey of India’s official vandalism
crossed all limits when a decision was taken to treat the Taj Mahal
with Multani Mitti. Luckily, the experiment was limited to a small
surface. Had it been applied to the whole mausoleum, it would have
destroyed the original transparent white polish (vajra lepa). The
Archaeological Survey of India has also been guilty of arbitrarily
closing monuments on the questionable ground of damage by tourists who
did not appreciate works of art and history. This is a clear violation
of the1958Act, which allows free movement to the public in any
protected monument including the white marble ancient buildings of
Agra Fort.
7. That the Distortion of history is another serious charge against
the Archaeological Survey of India in Agra. A structure bearing an
inscription in Persian and invocation to Allah was identified as
Haveli Ratan Singh, which was pompously opened to the world by the
local Member of Parliament Sri Raj Babbar. The work on the socalled
Ibadat Khana in Fatehpur Sikri has to be suspended when historians
raised several questions about its veracity A voluminous petition by
noted Agra historian Prof. R. Nath to the Director General of,
Archaeological Survey of India with copies to the minister and the
secretary of culture has highlighted the Archaeological Survey of
India lapses. A similar writ petition has also been filed in the
Supreme Court by Rajiv Sethi and others against the Archaeological
Survey of India for its poor conservation of the monuments of Red Fort
Delhi.
8. That the objective hidden behind for filing the present
writ petition is for exposure of the truth after due investigation on
the basis of the historical evidences, which may protect the monuments
namely Taj Mahal, Agra Red Fort and Fatehpur Sikri from its detonation
of the existing building. It is submitted that on account of hiding
the ground floor from the exposure to the public of all these
monuments, there has been the complete demolition of the of the
existing structures of all the three monuments. It has come to notice
of the general public through different media reports, that Taj Mahal
and other monuments are dying and there has been the tilting of the
minerals and its foundation may be sinking. The true copy of the
report published in the different newspaper are filed herewith and
marked as Annexure No. S.A.1 to this Affidavit.
9. That it has been revealed hat the Taj minarets are
tilting @ .5 inches every 25 years. The tilt is in one of the front
facing minarets is 8.5 inches. These figures might not been much to
the layman, but for a monuments of historical importance like Taj
Mahal, the foundation of which are laid on hillock and based on wells
underneath, which require moisture, fresh air and a regular
maintenance of the hidden chambers, these figures are alarming for
providing immediately attraction, for which the great historian Prof.
(Sri) Ram Nath of Rajasthan University and historian Sri Agram Prasad
Mathur former Vice Chairman of Agra University Agra have shown their
concern.
10. That apart from this the foundation of Taj Mahal are
made of ebony, which have developed cracks even by sinking in to the
earth. Thus if the lower chambers hidden inside the earth from the
front side of the alleged graveyard may not be regularly maintained
properly, even at the cost of revealing the truth of being constructed
prior to the Mughal period in 1155 AD, the threat to save the dome and
the other structure of the building could not be given effect.
11. That apart from this it is submitted that the
petitioner no.2, Sri P.N. Oak has categorically asserted through his
writing in the different research work conducted by making the
publication of the different books published from time to time. That
prior to the prorogation of the Islam is religion and the
Christianity, there was the vedic culture prevelant through out the
world. There was the destruction of Hindu temples and reconverting of
the same to the Muslim monuments, the valuable construction raised in
the pre-vedic era was abrogated and subjugated to the naught and the
different Sanskrit terms have been mispronounce carving out to the
different languages of Persian, English, German, and even the French
language. Thus the conclusion in escapable that as the peacock throne
having many valuable gems, which was captured upon the accession of
emperor Shah Jahan, was taken Diamonds, Rich Pearls and emeralds
having the valuation of Rs. 20 Million was taken away by these
invaders. The true copy of the extract of the vedic culture in India
based upon the writing of Shri P. N. Oak is field herewith and marked
as Annexure No. S.A. 2 to this Affidavit.
12. That it has been revealed by monthly Journal namely
Abhay Bharat published from Delhi through its founder president Shri
B. N. Sharma “ Prem Singh Sher” ex-Member of Parliament. That thee has
been the conversion of the prominent temple in to the mosque the list
of these temple converted as the Muslim monuments was published in the
monthly issue of Wednesday 15 th November to 14th December 2003. The
true copy of the list of the temple distracted by Mughal Invaders
comprising of 634 temples and others Hindu Monuments are filed
herewith and marked as Annexure No. S. A. 3 to this Affidavit.
13. That according to British Historian Keene Agra Red Fort has
been in existence from the pre Christian era. It has been revealed by
historical evidence of the writing of the different foreign historians
published posthumously in India. That the ancient Hindu King Great
King Ashoka ( Third century B.C.) and Great King Kanishka (first
century B.C.) had lived in that fort. Thus the claim setup by the
mediable Muslim falterers, that Akbar built the Agra Red Fort is based
on falsehood. The lower portion of the building comprising of three
caves leading to the different monuments hidden inside the Agra Red
Fort having the connectivity there of to these national monuments, who
claims to be the protector of these ancient monuments of Archeological
importance after enactment of the Waqf Act 1995. The true copy of the
Photographs showing the lower construction hidden from being access by
the general public is filed herewith and marked as Annexure No. S.A.4
to this Affidavit.
The photographs of the pillar having the lotus carving
and carving of the OM in the flower pot and the Shiv Lingi shown there
in having trident at Deewane-e Khas at Agra Red Fort is filed
herewith and marked as Annexure No. S.A.5 to this Affidavit.
14. That the petitioner is further placing the photographs
having the description written by Archeological Survey of India on the
marble stone planted outside the Taj building, which has the vital
contradictions, in itself indicating the construction of Taj Mahal
built during reign of emperor Shah Jahan from 1628 to 1656 AD, while
Anjuman Bano the niece of emperor Noor Jahan and the daughter of Mirza
Gihas Beg admittedly died on 17th June 1631, The true copy of the
Photographs and writing displayed on the marble plank out side the Taj
building is filed herewith and marked as Annexure No. S.A.6 to this
Affidavit.
15. The petitioner also filing the writing displayed inside
Taj Mahal building having the purported Taj Mosque having the
admission of gold plated Kalash measured 30 feet 6 inches replaced by
Captain Joseph Tailor in 1810, while the second replacement of very
gold Kalash in 1876 and the third replacement in 1940 is filed
herewith and marked as Annexure No. S.A.7 to this Affidavit.
The petitioner is also filing the alleged claim purported
to have been set up through their own literature by Archeological
Survey of India as Annexure No.S.A.8 to this Affidavit.
16. That the petitioner is making the exposure of the
falsehood on the basis of the photographs taken the closer lances
showing the writing of Koranic script upon the tiles by making the
grooves in the marble and having the imposture there upon after
removal of the original Sanskrit description comprising of 34 stanzas,
which has been found written upon the Bateshwar inscription and having
the description there of in the research work of conducted by Shri
P.N. Oak through his writing namely The Taj is a Temple Place on Page
No. 198 having recital of 24,25 and 34 Stanzas relevant for
establishment. That Taj Mahal was built as temple of Lord Shiva, while
Atmauddola was having the ideal of Lord Vishnu, which were constructed
by the King Parmarde Dev or on his behalf by his Minister Salakshan in
1212 , Vikram era Ashwani Subday 5th day of Purnima (the bright luner
fort night). The true copy of the photographs of the files having
Koranic script, the photographs from back side showing the
construction of the ground floor through Red Stone and the marking of
the Kalash on the terrace of the Red Stone building and the
description in Hindi placed outside the Taj Mahal as displaying the
Script out side these monuments after reshuffling of the main temple
and the Sanskrit writing on the temple, taken from the out side the
building of Taj Mahal and the extract of writing shown by Sri P.N.
Oak having Sanskrit inscription on Bateswar inscription and the Script
out side the Mosque like appearance constructed on the fourth floor of
the building of the Taj Mahal are filed herewith and marked as
Annexure No.S.A.9,10,11,12,13 to this Affidavit.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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,.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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
37. 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.
38. 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.
39. 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.
40. 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.
41. 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.
42. 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.
43. 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.
44. 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.
45. 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.
46. 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.
47. 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.
48. 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.
49. 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.
50. 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.
51. 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”.
52. 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.
53. 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.
54. 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:-
“If you change your past and work together in spirit that every one of
you , no matter what community he belongs to, no matter what his
colour , caste or creed , is first , second and last , a citizen of
this state with equal rights, privileges and obligation there will be
no end to the progress you will make. I cannot emphasis it too much ;
we should begin to work in that spirit , and in course of time , all
these angularities , of the majority and minority communities, the
Hindu community and the Muslim community , because even as regards
Muslims, you have Pathans, Punjabis, Shias , Sunnis, and so on and
among the Hindus you have Brahmins , Vaishnavas, Khatris also Bengalis
Madrasi’s and so on , will vanish. You may go to your temples, Mosques
or any religion or caste or creed, that has nothing to do with the
business of the state …….We are starting with the fundamental
principle that we all citizens and equal citizens of one State….”

55. That the Hon’ble Supreme Court has provided a
dimension to the different articles in order to provide a guidelines
for effective administration of justice. It has been held that no
religion prescribes that the prayer are required to be perform through
voice amplifier or beating of the drum and use of microphone for the
purposes of attending the religious ceremonies has been prohibited in
Church of God (Full Gospel) in India Vs. K. K. R Majestic 2000 S.C.C
(7) 282. Thus despite the mandate by issuing the writ of mandamus by
the Hon’ble Supreme Court to the administration at large in the public
interest litigation’s through judicial activism, nothing has been
taken as granted to the public even after declaring the same as the
law of the nation. Thus the judicial procedure, which is based on a
tedious process, is required to be provided by foolproof system for
the benefit of the public. The comedy of error does not lie in our
celebrated principles but since there is a complete erosion of the
fear from the mind of the citizen indulge in violating the law and
there is no machinery to make a control upon the simple invasion of
such right, the public is bound to adhere what is given to it by the
grace of the public servant.
56. That even article 226, viewed on under prospective may
be mean to ventilation of collective or common grievances as
distinguished from assertion of individual rights, although the
traditional view, backed by precedents has opted for the narrower
alternative public interest is promoted by a spacious consideration of
laws standing our socio-economic circumstances and conceptual
latitudenariarism permits taking liberties with individualization of
the right to involve the higher courts where the remedy is shared by
a considerable number particularly when they are weaker less
litigation consistent with the fair process is the aim of aim of
adjective law.
57. That the Freedom of expression may be necessarily
including 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 an
ideology which are based on the notable extracts of certain facts .An
enlightening informed citizen would undoubtedly enhance democratic
values (People’s Union for Civil liberty (P U C L) Vs. Union of India)
(2003) 4 SCC para 94.
58. 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). Right of a voter to know the bio-data of
the candidate is the foundation of the democracy. The old dictum let
the people have the truth and the freedom to discuss it and all will
go well with the Government should prevail. The true test for deciding
the validity of the Act is whether it takes away or abridges
fundamental right of the citizens. If there is 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. (Paras 69 to 71 and
66). (People’s Union for Civil liberties (P U C L) Vs. Union of India,
(2003) 4 SCC 399:AIR 2003 SC 2363.
59. That “To control the ill effects of money power
and muscle power the commissions recommend that even the election
system should be overhauled and drastically changed lest democracy
would become a teasing illusion to common citizens of this country.
Not only a half hearted attempt in the direction of the reform of the
election system is to be taken as has been done by the present
legislation by amending some provisions of the act here and there, but
a much improved election system is required to be evolved to make the
election process both transparent and accountable as that influence of
tainted money and physical force of criminals do not make democracy a
farce the citizens fundamental “Right to Information” should be
recognized and fully effectuated (Para 127) (People’s Union for Civil
liberties (P U C L) Vs. Union of India,(2003) 4 SCC 399:AIR 2003 SC
2363.
60. That It has Been held that “The newspapers serve
as a medium of exercise of freedom of speech. The right of its
shareholder to have a free press is a fundamental right.
Advertisements in newspapers play an important role in the matter of
revenue of the newspaper and have a direct nexus with its circulation.
For the purpose of meeting the costs of the newsprint as also for
meeting other financial liabilities which would include the liability
to pay wages, allowances and gratuity etc. To the working journalist
as also liability to pay a reasonable profit to the share holders vis-
a-vis making the newspapers available to the readers at a price at
which they can afford to purchase it , the petitioners have no other
option but to collect more funds by publishing commercial and other
advertisements in the newspaper.(Paras 33,36,34and 38) .Hindustan
Times Vs State of U. P.(2003) 1 SCC 591,AIR 2003 SC 250,(2003) 1 LLJ
206: (2002) 258 ITR 469.
61. That it is said the doubts would be called
reasonable if they are free from a zest for abstract speculation.
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 later 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 cob web 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.
62. 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 any 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 Kerela provide obligation of school
children to 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.
63. That it was held that the appellants truly and conscientiously
believed that their religion does not permit them to join any rituals
except it be 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.
64. That Article 25 of the constitution if 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 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
Hindu religious institutions of a public character to classes and Ss.
of Hindus and any such rights of State or of the communities or
classes of the society were also considered to need 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. 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 (Para 180 N. Adithayan Vs.
Travancore Devaswom Board ,(2002) 8 SCC 106:2002 3 KLT 615.
65. That the message to charity and compassion is to be
found in all religious without any exception. Only because charity and
compassion are preached in every religion, the same by itself would
not be a part of the “religious practice” within the meaning of Art.
25. Thus the religion of Christianity encouraging the Christians to
practice charities to attain spiritual salvation is of not much
relevance for that purpose. (Paras 47 and 48 ).
66. That the Renouncement of the world and preaching for
renouncement of the world have no correlation with tenets of Art 25
(Paras 54 and 55).John Vallamattam Vs. Union of India .(2003) 6 SCC
611: AIR 2003 SC 2902 :(2003) 3 KLT 66.
67. That the grievance that the judgement in Sarla Mudgal Vs. Union
of India (1995) 3 SCC 635 amounts to violation of the freedom of
conscience and free profession, practice and propagation of religion
is also far-fetched and apparently artificially carved out by such
persons who are alleged to have violated the law by attempting to
clock themselves under the protective fundamental right guaranteed
under Article 25 of the Constitution. No person, by the judgement
impugned, has been denied the freedom of conscience and propagation of
religion. The rule of monogamous marriage amongst Hindus was
introduced with the enactment of the Hindu Marriage Act. The second
marriage solemnized by a Hindu during the subsistence of a first
marriage is an offence punishable under the penal law. Freedom
guaranteed under Art. 25 of the Constitution is such freedom which
does not encroach upon a similar freedom of other persons. Under the
constitutional scheme every person has a fundamental right not merely
to entertain the religious belief of his choice but also to exhibit
this belief and ideas in a manner which does not infringe the
religious right and personal freedom of others. ( Para 62). Lily
Thomas Vs. Union of India, (2000) 6 SCC 224. :2000 SCC ( Cri) 1056:
AIR 2000 SC 1650 : 2000 Cri LJ 2433.
68. That no religion prescribes or preaches that prayers are
required to be performed though voice amplifier or by beating of
drums. In any case , if there is such practice , it should not
adversely effect the rights of others including that of being not
disturbed in their activities. ( Para 13) Church of God ( Full Gospel)
in India Vs. K.K.R. Majestic Colony Welfare Assn. (2000) 7 SCC 282.
69. That Undisputedly, no religion prescribes that prayers should
be performed by disturbing the peace of others nor does it preach that
they should be though voice amplifiers or beating of drums. In a
civilized society in the name of religion, activities which disturb
old or infirm persons, students or children having their sleep in the
early hours or during daytime or other persons carrying on other
activities cannot be permitted. Aged, sick people afflicted with
psychic disturbances as well as children up to 6 years of age are
considered to be very sensitive to noise. Their rights are also
required to be honoured. (Para 2)
70. That even under the Environment (Protection) Act, 1986, rules
for noise-pollution level are framed which prescribe permissible
limits of noise in residential, commercial, industrial areas ,or
silence zone . The question is, whether the appellant can be permitted
to violate the said provisions and add to noise pollution. Even to
claim such a right itself would be unjustifiable. In these days, the
problem of noise pollution has become more serious with the increasing
trend towards industrialization, urbanization, and modernization and
is having many evil effects including danger to health. It may cause
interruption of sleep, effect communication, loss of efficiency,
hearing loss of deafness, high blood pressure, depression,
irritability, fatigue, gastro-intestinal problems, allergy,
distraction, mental stress and annoyance etc. This also affects animal
alike. The extent of damage depends upon the duration and the
intensity of noise. Sometimes it leads to serious law and order
problem. Further, in an organized society, rights are related with
duties towards others including neighbors. (Para 3) Church of God
( Full Gospel) in India Vs. K.K.R. Majestic Colony Welfare Assn.
(2000) 7 SCC 282.
71. That the contention with regard to the rights under Art.25 or
Art.26 of the Constitution which are subject to “public order,
morality and health” are not required to be dealt with in detail
mainly because as stated earlier no religion prescribes or preaches
that prayers are required to be performed through voice amplifiers or
by beating of drums. In any case, if there is such practice, it should
not adversely affect the rights of others including that of being not
disturbed in their activities. (Para 13). Church of God (Full Gospel)
in India Vs K.K.R Majestic Colony Welfare Assn.(2000) 7 SCC 282:2000
SCC (Cri )1350 :AIR 2000 SC 2773 .
72. That the rival submissions of the following question arose
for consideration of the present bench Islamic Academy of Education
Vs. State of Karnataka (2003) 6 SCC 697.(1) whether educational
institutions are entitled to fix their own fee structure ;(2) whether
minority and non minority educational institutions stand on the same
footing and have same rights ;(3) whether private unaided professional
colleges are entitled to fill in their seats ,to the extent of
100%,and if not ,to what extent ;and (4) whether private unaided
professional colleges are entitled to admit students by evolving
their own method of admission.
73. That “Sri Aurobindo originated the philosophy of cosmic
salvation through spiritual evolution which could universally be
accepted by anyone. He propagated the theme of Integral Yoga. The
disciples and devoted followers of Sri Aurobindo formed, the Aurobindo
Society In Calcutta in 1960/It was initially registered under the
Societies Registration Act,1860, but after the enforcement of W. B.
Societies Registration Act,1961,it was deemed to be registered under
the Act. After the death of Sri Aurobindo and the Mother, the
Government on receiving complaints about mismanagement of the affairs
of the Society, appointed a Committee under the Chairmanship of the
Governor of Pondicherry with representatives of the Government of
Tamil Nadu and the Ministry of Home Affairs in the Central Government
to look into the matter. A team of competent auditors confirmed the
allegations about the mismanagement of the affairs of the Society,
misuse of funds of the Society and diversion of the funds meant for
Auroville. The construction work in Auroville became stagnant and the
internal disputes gave rise to the problem of law and order. The
society lost complete control over the situation. The members of the
Auroville approached the Government of India to give protection
against oppression and victimization at the hands of the Society.
Having regard to the report and recommendations of the committee an
Act was passed which provided for taking over the management of
Auroville for a limited period.
74. That One restriction is that freedom of
religion is subject to public order, morality and other provisions of
Part III of the Constitution. In Ramji Lal Modi Vs. State of U.P., the
Supreme Court held that the right to freedom of religion assured by
Articles 25 and 26 is expressly made subject to public order, morality
and health. It cannot be predicated that freedom of religion can have
no bearing whatever on the maintenance of public order or that a law
creating an offence relating to religion cannot under any
circumstances be said to have been enacted in the interests of public
order. Section 295-A of the Indian Panel Code does not penalise any
and every act of insult to or attempt to insult the religion or
religious beliefs of a class of citizens but it penalises only those
acts of insult of the religion or the religious beliefs of class of
citizens which are perpetrated with the deliberate and malicious
intention of outraging the religious feeling of that class. Insults to
religion offered unwittingly or carelessly or without any deliberate
or malicious intention to outrage the religious feeling of that class
do not come within this section. It only punishes the aggravated form
of insult to religion when it is perpetrated with the deliberate and
malicious intention of outraging the religious feelings of that class.
The calculated tendency of this aggravated form of insult is clearly
to disrupt the public order.
75. That Article 25(2)(b) lays down that the State can
make any law providing for social welfare and reform or the throwing
open of Hindu religious institutions of a public character to all
classes and sections of Hindus. Under this provision, the State can
eradicate social practices and dogmas, which stand in the way of the
progress of the country. The right to freedom of religion does not
prevent the State from throwing open all Hindu religious institutions
of a public character to all classes and sections of Hindus. Public
institutions would include temples dedicated to the public as a whole
and also those founded for the benefit of sections or denominations
thereof . However this right is not absolute or unlimited in
character. No member of the Hindu public can demand that a temple must
be kept open for worship at all hours of day and night. Likewise, he
cannot demand that he must be allowed to perform personally those
religious services which the Acharyas alone can perform. The
legislature cannot invade the traditional and conventional manner in
which the actual worship of the deity is allowed to be performed.
76. That the right protected by Article 25 (2)
(b) of the Constitutions is a right to enter into temple for purposes
of worship and it should be construed liberally in favour of the
public. However it does not follow that right is absolute and
unlimited in character. No member of the Hindu public couls claim as
part of the rights protected by Article (2)(b) that a temple must be
kept open for worship at all hours of the day and night or that he
should personally perform those services which the Archakas alone
could perform. It is the practice of religious institutions to limit
some of its services to persons who have been specially initiated,
though at other times . The public in general is free to participate
in the worship .The right recognised by Article 25(2)(b) must
necessarily be subject to some limitations or regulations. The right
of a denomination to wholly exclude members of the public from
worshipping in the temple, though comprised in Article 26(b),must
yield to the over riding right declared by Article 25(2)(b) in favour
of the public to enter into a temple for worship. Where the right
claimed is not one of general and total exclusion of the public from
worship in the temple at all times but of exclusion from certain
religious services, the question is not whether Article 25(2)(b)
overrides that right so as to extinguish it but whether it is possible
so to regulate the rights of the persons protected by Article 25(2)
(b),as to give effect to both the rights. If the denominational rights
are such that to give effect to them would substantially reduce the
right conferred by Article 25(2)(b),then on the conclusion that
Article 25(2)(b) prevails as against Articles 26(b),the denominational
right must vanish. Where after giving effect to the rights of the
denomination what is left to the public of the right of worship is
something substantial and not merely the husk of it , there is no
reason why court should not so construe Article25(2)(b) as to give
effect to Article 26(b) and recognize the rights of the denomination
in respect of matters which are strictly denominational , leaving the
rights of the public in other respects unaffected. The exclusive right
of the members of the community to worship for all the time will be
hit by Article 25(2)(b) and cannot be recognized . On special
occasions, it is only the members of the Gowda Saraswath Brahmin
community that have the right to take part therein and on those
occasions, all other persons would be excluded.
77. That the external symbol of love. Close on the
heels of the debate over the exact date of Taj Mahal’s construction,
doubts have now been raised whether it was actually constructed by the
Mughal emperor Shajahan or not! It is latest twist to the legend of
the Taj , by the President of the Institute of Re-writing Indian
History of Pune claiming that the Taj Mahal was actually Tejo-
Mahalaya, a Shiva temple that was taken from Jaipur Maharaja Jaisingh
by Sahajahan for the burial of his beloved Mumtaj Mahal .
78. That the petition points out that Sahajahan’s own court
chronicle, the Badshahnama, admits (on page 403, vol.1) that a grand
mansion of unique splendour, capped with a dome ( Imaarat-e-Alishan wa
gumbaza) was taken from the Jaipur King and was then known as Raja Man
Singh’s Palace.
79. That the 161- points petition also says that the Archeological
Survey of India (ASI) notices have declared that Taj Mahal stood brand
new in 1652 AD. But Prince Aurangzeb’s letter to his father emperor
Sahajahan, dated July-August 1652 AD,records that the several
buildings in the fancied seven- storeyed burial place of Mumtaj were
so old that they were all leaking, while the dome had developed a
crack on the northern side. (The letter s recorded in at least three
chronicles titled Aadaab-e-Alamgiri, Yaadgarnama and Muraqqa-I-
Akbarbadi).
80. That the Aurangzeb, therefore ordered immediate repairs to the
building, while recommending to the emperor for more elaborate
repairs later, which is a proof that during the Sahajahan’s reign
itself the Taj complex was so old as to need immediate repairs, said
the petition while quoting the points from the book of P.N. Oak,
Founder Director of the Institute of Re-writing Indian History.
81. That the Institute has also claimed in the petition that
a Sanskrit inscription (wrongly termed a Bateshwar inscription and
currently preserved in the Lucknow Museum) dated 1155 AD was removed
from the Taj Mahal Garden on Sahajahan’s order, which referred to the
raising of a ‘ Crystal –white Shiva temple so alluring that Lord Shiva
once enshrined in it decided never to return to Mount Kailash –his
usual abode’. This inscription also supports the claim that Taj Mahal
was a temple palace and Lord Shiva is known as Tejo ji by Jats, added
the petition.
82. That on being “ adopting a policy of ‘ Divide and
Rule’ , in 1843 AD Governor General Lord Auckland with his Lieutenant
Alexander Cunningham tempered with the entire historical data of the
Archeology Department by showing these Hindu palaces as Mughal
monuments.” This petition is expected “ Split in to nineteen parts,
the argument is based on historical facts and the aim is to bring the
truth to the fore,” Its is such circumstantial evidence which we
propose to lay before the bar and bench of learned public opinion.
Some of the 118 evidence mentioned in the petition proving that the
Taj Mahal was Shiva Temple includes:
A. The word ‘ Mahal’ is not a Muslim word and in none of the Muslim
countries around the world, there is any building known as Mahal.
B. . A wooden piece from the riverside eastern doorway of the Taj
subjected to the carbon-14 test by an American laboratory has revealed
it to be 300 years older than Sahajahan.
C. . The Taj Mahal has trident pinnacle over the dome. The central
shaft of the trident depicts a Kalash holding two bent mango leaves
and a coconut.
D. . The embossed patterns on the marble exterior of the cenotaph
chamber wall are foliage of the conch shell design and the Hindu
letter ‘OM’.
E. . The Taj Mahal entrance faces South. Had the Taj been an
Islamic building it should have faced West.
: The Historical Evidences collected in the
research conducted by petitioner No.2 are as under:-
1. According to the British historian Keene, Agra fort has been in
existence from the pre-Christian era. Ancient Hindu kings like Ashok
(3rd Century B.C.) and Kanishka (1st Century B.C.) had lived in that
fort.
2. That same fort is again referred to by the Persian poet-historian
Salman,in the 11th century A.D.. Early in that century when the Hindu
king Jaipal ruled over Agra. The fort suffered its first Muslim raid
under the invader Mahmud of Ghazni.
3. Thereafter some chauvinistic Islamic accounts vaguely claim that
the Muslim sultan Sikandar Lodi demolished the Hindu fort. That claim
has been found to be baseless.
4. A few years later another vague claim is made by some other
mediaeval Muslim faltterers that sultan Salim Shah Sur either
destroyed the Hindu fort or Sikandar Lodi’s fort and built his own
fort at exactly the same place or some other place.Even the claim has
been found to be fraudulent because no trace is found of the fort that
Salim Shah Sur is said to have built. Muslim history is replete with
such fraudulent claims, according to the late British historian Sir
H.M.Elliot.
5. The claim that Akbar built the fort is also found to be baseless
because while he is said to have demolished the fort in 1565 A.D., a
murderer Adham Khan being thrown from the terrace of a palace-
apartment inside the fort in 1566 A.D. is emphatic proof that the
claim made on behalf of Akbar is as fraudulent as those made on behalf
of two other Muslim sultans earlier. In fact it is also pointed out
that not a single building of Akbar’s time exists in the fort.
6. Akbar’s son Jahangir is said to have perhaps built a palace inside
the fort here or there demolishing his own father’s palace but even
that conjecture is found to be based on mere fancy or on some idle
engravings.
7. Jahangir’s son Shahjahan is said to have demolished 500 buildings
inside the fort and erected 500 others. On the very face of it this
claim is absurd. No one will merely for fun of it destroy 500 palatial
mansions built by one’s father or grandfather. Such demolition itself
will occupy a lifetime. Moreover it must also be remembered that
Shahjahan is credited with building the fabulous Taj Mahal in Agra, a
whole new township of Delhi, also the Red fort in Delhi, The Jama
Masjid in Delhi and perhaps many other buildings. Not only are there
no court records of any building activity but even inscriptions do not
substantiate any building claim. We wish to alert visitors not to be
misled by the appearance of Arabic or Persian lettering on mediaeval
buildings. All such lettering is mostly of Koranic extracts or the
name of Allah. Those inscriptions are seldom temporal. In a few
instances where there are temporal inscriptions they usually bear the
name of the engraver or of the person buried and some irrelevant
matter. For instance nowhere on the Taj Mahal has it been mentioned
that the Taj Mahal was built by Shahjahan.We therefore wonder how the
whole world had been duped for 300 long years into believing that the
Taj Mahal was built by Shahjahan. Similar is the case with Red fort in
Agra. No where is it said that Akbar or his son Jahangir or the
latter’s son Shahjahan built anything there.
8. In this connection we also want to alert visitors to mediaeval
buildings and students and scholars of history not to believe in
translations of Arabic and Persian inscriptions presented readymade to
them through earlier books. We have found in very many instances that
they have been distorted in translation. For instance on the Taj Mahal
the inscriber has carved his name as Amanat Khan Shirazi (an
insignificant slave of the emperor Shahjahan). Anglo-Muslim accounts
have boosted this inscriber of letters as one of the great wonder
architects of the world. Similarly on Fatehpur Sikri where a building
is said to have been graced (by his presence) by Salim Chisti it is
merrily ascribed to him.
9. We therefore advise all students of history never to take for
granted the translation of Muslim inscriptions provided
heretofore but get them translated de novo whenever one has to make
use of them. The whole question of the translation and interpretation
of Muslim inscriptions not only in India but throughout the world must
be reopened and gone through thoroughly, for much wishful thinking has
gone into presenting them in translations to non-Muslims. In fact it
would be very educative to have an encyclopaedia for all Muslim
inscriptions and the misleading translations and interpretations they
have been subjected to heretofore. As an instance of a great snare in
the study of mediaeval history such exposure will be of immense
educative value in warning future researchers and students of history.
10. .That once the hurdle of a false Muslim claim made on Akbar’s
behalf is got over, we find that the fort that we see today in Agra
is the same which was owned by ancient Hindu kings like Ashok and
Kanishka .After Akbar there is no serious claim made on behalf of any
Muslim ruler as the author of the fort. That means that the fort that
we see in Agra city today is the ancient Hindu ochre fort a colour so
dear to Hindus. In fact ochre is the colour of Hindu flag- a colour
for which and under which they have fought for their national and
cultural existence and identity –a colour which has inspired them to
great deeds of valour, sacrifice, bravery, chivalry, gallantry and
glory. Can that ochre colour be ever owned by Muslims? It goes against
all history and tradition.
11. Despite several centuries of Muslim occupation and canards of
Muslim authorship all the fort’s Hindu associations are intact. This
is something remarkable.
12. The two thousand year history of the fort that Keene traces
turns out to be authentic. The slight hitch and doubt that he
encounters gets explained away by his own very intelligent footnote
that the incident of a murderer having been flung from the terrace of
the palace inside the fort could not be possible if the fort had been
destroyed a year earlier.
13. The lack of any coherence in the dates of starting the forts
construction and its completion is proof of the fact that the world
has been buffed about the Muslim origin of the fort.
14. Muslim accounts are unable to explain the name of any apartment,
as to who built it, when was it built, what for it was built, what its
cost was and why it has an Hindu aura about it ? This is because the
fort did not originally belong to the invaders from
Arabia ,Iran ,Turkey, Afghanistan, Khazasstan and Uzbekstan. They were
mere intruders , conquerors, usurpers.
15. All this discussion should convince the reader that the Red Fort
in Agra is of hoary Hindu antiquity and is at least 2200 years
old.
83. That H. M. Elliot, and many western scholars records
that the theory of construction of Taj Mahal by Shah Jahan is an
imprudent and interested fraud. We are questioning the logical
reasoning and all such guidelines prescribed that a sham history is
offered to us which can be tornado into pieces with a little close
scrutiny. Emperor Jahangir died on 27th October 1627 and the Prince
Khurram ascended the throne at Agra on 5th Feb 1628. The corroboration
of the logical perceptions may lead to the inescapable conclusions
that the long slavery paradoxically enough to make us slave has shaped
the destitution Hindu confidence to a naught and the flame of truth
burning in the heart of a civilised citizen to protect their radical
traditional heritage culture has been completely vanished.
84. That Hinduism are now been impeached by gross
dereliction of their duty. The invader based on the concept of
destruction of the existing religion have gathered the undue
predominance for outraging the modesty which was sometimes earlier
being done by Muhammad Bin Quasim in 712 A. D. while offering the two
daughters of King Dehar to Abdullah Abbas of Omen by invading their
chesty. Muhammad Bin Quasim was stitched inside the leather of the cow
and the same has become the situation of every nationalist movement as
the Government has prohibited every effort to trace out the truth by
maintaining status quo to the falsehood.
85. That the most crucial document sufficient to
acknowledge the truth is their own Badshah-Nama of Abdul Hamid Lahori
which disclose the transfer of majestic magnificent palace having the
temple of Lord Vishnu and Lord Shiva for the burial of Arjumand Bano
Begum known Mumtaz Zilani, who was buried at Bhuranpur died due to the
excessive pain during delivery of 14th child which was considered to
be the bad omen by the Muslim priests. The names of the 14 children
born out of the wedlock between Prince Khurram and Mumtaz Zilani were
1. Jahan-ara Begum, 2. Darashikon, 3. Shahshiya, 4. Roshan-ara Begum,
5. Aurangzeb, 6. Muradbaksh while eight children died. Thus, it could
hardly be believed that during funeral ceremony of the deceased
children, the celebration would have been done by raising the alleged
construction of Taj Mahal and other Muslim monument by emperor Shah
Jahan.
86. That the second glaring truth may be revealed
from the Aurangzeb’s letter written to Shah Jahan, which purports to
make the elaborated repair over the dome. This letter is the best
piece of admission regarding the alleged claim set up for construction
of the monument form 1628 to 1658 A. D. The letter is dated long back
and is recorded in at least three contemporary Persian chronical
titled as Adaab-e-Alamgiri, Muraqqa-e-Akbarabadi and yaadgaarnama and
preserved in National archives New Delhi.
87. That the two farmans of Shah Jahan to ex-rulers
of Jaipur bearing modern number 176 and 177 issued on 18th Dec 1633
demanding Makrana stone and the stone cutter for scaffolding the
Koranic grafts, which are the imposture filling up the gap between the
Hindu sculpture and the symbol of religion written in Sanskrit having
the inscription in 34 stanza indicating that Tejo-Mahalya was raised
as a palace by King Paramardi Dev and by his Minister Salakshan dated
1212 Vikram Era, Ashwil, Sunday, 5th day of bright lunar fortnight,
these inscriptions can be seen in the book titled Kharjuwahak Alias
Wartaman (modern Khajuraho by D.J.Kaleand on Page 270-274 of
Epigraphia Indica, Vol.1 obtainable from Shri M.D. Kale, advocate
Chhatttarpur, Madhya Pradesh, India).
88. That the other inscriptions is found at Bateshwar
excavations preserved at Lucknow Museum which is the direct prove of
raising the two crystal white marble building in 1155 as Chandrs-
Mauleshwar Temple at Taj Mahal, while Vishnu Temple at Itimad-ud-
daulah. The trident exclusive album of Chandra-Mauleshwar having
captivating Beauty of Lord Shiva, who never thought of returning to
his Himalayan abode lit Kailash Parvat is nothing but the central
chamber of the Taj Mahal where he used to suppose to perform Tandav
Nratya dance amidst the blowing of conches, the beating of drums and
tolling bells.
89. That Shah Jahan, who is allegedly known for
commissioned the large number of magnificent palaces, mosque, and
tombs with marble monumental glories during Mughal period was not the
great building. The alleged materialised vision of loveliness, a poem
in stone, a dream in marble, a novel tribute to the grace of Indian
womanhood, a resplendent immortal tear-drop on the cheek of time, the
wonder of the world known as Taj Mahal is not the construction of
marble glory of Mughal period but the same is converted from a Shiva
Temple to the graveyard of Arjumand Bano Begum purported as Mumtaz
Zilani and Khurram commonly known as Shah Jahan.
90. That It is commonly known that during their
inseparable companion, 14 children were born out of them 4 sons and 4
daughters survived. It is falsely alleged that Arjumand Bano Begum was
the trusted political advisor of Prince Khurram during their 19 year
of matrimonial alliances, as Prince Khurram became Emperor Shah Jahan
only in 1628 A. D. and Arjumand Bano Begum died on June 17, 1631.
Thus, it is a false concoctions that the construction of Taj Mahal
started in the memory of Arjumand Bano Begum alias Mumtaz zilani, who
was given burial in Jain-Aabadi Garden in Burhanpur, which is located
at about 600 kilometers from Akbarabad, now known as Agra. It is said
Arjumand Bano Begum was playing the chess with Shah Jahan on 17th June
1631. Suddenly both of them heard the crying of a baby. The sound of
weeping was discovered that this was coming from the womb of the Begum
Sahiba herself. The learned men, saints, tantriks were called to
interpret and they have suspected to be a bad omen if Shah Jahan
helped in the treatment of Begum Sahiba. Thus, Arjumand Bano died as
she was not allowed to survive the dreadful omen and due to intensity
of excessive pain she died. Thus, the connotation that the Taj Mahal
is a Nobel tribute to the grace of Indian womanhood is a falsehood.
The Extract taken from the ‘THE TAJ MAHAL AND IT’S INCARNATION” based
on the Original Persian data on its Builders, Material, Costs,
Measurements etc. presentation by Historical Research Documentation
Programme, Jaipur by Prof. R.Nath, Rajasthan University shall be
produced at the time of Hearing.
91. That under these circumstances, it is expedient in the
interest of justice that on the basis of the different historical
evidences, which are now being placed on the record of the present and
are based upon the historian and rather based upon their own admission
in Badshah Nama, it is now expedient in the interest of justice, that
a facts finding committee comprising of the prominent citizens,
Jurists historian and other impartial agencies may be appointed for
revealing the truth to the General Public as the students may not be
compelled to rely upon the false concoction by the Mughal emperor,
otherwise the students will may have the foundation based on the false
hood, which may irrode the very existence of our ancient culture and
heritage on the foundation of which the country may stain for and may
raised its head before the entire world.
92. That since there has been the further detoriation of
the existing historical evidences under the garb of the maintenance of
the historical monuments having the alleged mosque inside there by
virtue of it these monuments of the national importance are managed by
the Waqf Board and as such it is expedient in the interest of justice
that the respondents may be restrain from permitting from destroying
the valuable evidence by any person as the truth may be revealed
regarding the correct authorship of all these monuments to the public
with any further scope holding of the law under the garb of providing
the maintenance to the mosque otherwise it will the great loss of the
students of history, which can be compassionate with the term of
money.
That the contents of paragraphs 1 and 2 of this affidavit and those of
paragraphs no.1,3,15,16,18,35,41,42,43,59,61,67,76,87 of the writ
petition are true to the personal knowledge of the
deponent,thoseofparagraphsno.,2, 4, 5, 6, 7,8,9, 10, 11, 12, 13, 14,
17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,
36, 51, 52,71,75,77,78,79,80,81,82,83,84,85,86,88, of the affidavit
are based on perusal of records and those of paragraphs no 37, 38, 39,
40, 44, 45, 46, 47, 48, 49, 50, 53, 54, 55, 56, 57, 58, 60, 62, 63,
64, 65, 66, 68,69,70,72,73,74,89,90of the writ petition are based on
legal advice, which also deponent believes to be true that nothing
material has been concealed and that no part of this affidavit is
false. So help me God.


( Deponent )

I, Yogesh Kumar Saxena Advocate High Court Allahabad do
hereby identify the deponent is personally known to
me..

( Yogesh Kumar Saxena)
Advocate
U.P. Bar
Council Registration No. 946/1974
Solemnly affirmed before me this------------------day of
-----------------2004--------at A.M./ P.M. by the deponent who is
identified by the aforesaid clerk/ Advocate.

I have satisfied myself examining the deponent that he
understand the contents of this affidavit, Which have been read over
and explained to him by me.

Oath Commissioner