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.
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