IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
Civil Misc. Writ Petition No.
3618
of 2004
(Under Article 226 of constitution of India)
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD.),
Government of India, New Delhi. And others
…………...Respondents
]
Sl.No
Particular
.
1.
Dates of Events.
2.
3.
Dates
Annexure
1-2
Stay Application U/S 151 of
the C.P.C.
Writ Petition Under Article
3-7
8- 65
226 of The Constitution
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15
16
17
Page No.
Association of the aforesaid society / public
trust having fundamental objectives along with
Income tax exemption certificate
Association of the aforesaid society / public
trust having fundamental objectives
1
Book namely The Taj Mahal is a
Temple Palace written by Sri P. N.
Oak,
Books namely Some Missing
Chapters of World History
Some Blunder Of Indian Historical
Research written by Sri P. N. Oak
containing his Boigraphy sketch
Book was first published in 1968, 2nd
edition on 1969, 3rd edition in 1974
Freedom of Information Act, 2002
Hindustan Times regarding the sign
6/7/2004
of maker of Taj Mahal published
Admission in Shahjahan’s own
Badshnama, the original persion
script and its english translation
publish in book written by Sri P. N.
Oak
Taj Mahal is a Temple Palace kept
with the National Archives, New
Delhi
Prince Aurangazab’s letter written in
urdu language to his father, Emperor
Shahjahana dt. July-August 1652A.D.
English translation of Prince
Aurangazab’s letter
Documentary proof in support of the
research work on Taj Mahal identity
and authorship based on evidence.
Forming part of the research work on
3
2
4
5
6
7
8
9
10
11
12
13
14
18
19
20
21
22
23
24
25
26
27
Taj Mahal identity and authorship
based on evidence
Proof/ Evidence in support thereof
direct proof of its authorshipwritten
by Sri P.N. Oak
Carbon-14 dating of these wooden
doors having the details of 800 years
old
Particulars of the different
monuments regarding their false
identity
Photographs of Taj Mahal Deplicting
Hindu Religious Symbols
THE ANCIENT MONUMENTS
PRESERVATION ACT, 1904,
Ancient And Historical Monuments
And Archaeological Sites And
Remains,Act, 1951
The Ancient Monuments And
Archaeological Sites And Remains
Act, 1958 ( Act No.24 of !958)
Representation submitted to the
respondent No. 1 on the basis of the
reserch work conducted by Sri P. N.
Oak
Affidavit
Vaklatnama
15
16
17
18
19
20
21
22
Dated : 7th September, 2004
Yogesh Kumar Saxena
Advocate, High Court
(Counsel for the Petitioner)
Chamber No.139, High court,
Allahabad
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
List Of Dates and Events in Choronological order
IN
Civil Misc. Writ Petition No. 3618
of 2004
(Under Article 226 of constitution of India)
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. And others
…Respondents
S.N.
1
Dates/ Year
1155- 1158
Particulars of Events as disclosed through research work
Raja Paramdardi dav, a Jat Ruler on his behalf and on behalf of the
minister salakahan who constructed Tejoji Mahal which came in
occupation Of Raja Man Singh and remain in possession of Raja Jai
Singh when It was tken for conversion to Taj Mahal, for the purposes of
shifting the remains of Arjumand Banu( Mumtaj )W/o Emperor
Shahajahan Died In between 1629-1632 and buried at Burhanpur and
her body Exhumed after about 6 months (as disclosed in Shahajan
Badshahnama written by MullaAbdul Hameed lahori)
2
1629-1632 A.D.
Arjumand Banu( Mumtaj )W/o Emperor Shahajahan Died in between
and buried at Burhanpur and her body Exhumed after about 6 months
3
18th ,December, 1633
Sahajahan issued two Farmans ( Bearing MordenNumbers R..176 and
177) to Ex- maharaja of Jaipur and Rajasthan state Arcchives at
Bikaner for Fake centaphs for descration of the original structure after
Arjumand Banu( Mumtaj )W/o Emperor Shahajahan Died in between
and buried at Burhanpur for supply of Makarana Marble and Stone
cutters for Usurpation of Temple building having the Palace And Lord
Shiva Temple with Koranic Grafts and thereby to get the Blatant Seizure
of Tejo – Mahalaya
4
1641-1668 A.D.
Probable Period of the shroud deluding changeover of Hindu
Palace/Temple as mughal Monument/ Graveyard
5
1652 A.D.
Aurangazab Letter showing his somsidern about need of elaborate
repairs of Taj Mahal.. If Taj Mahal was constracted in 1641 to 1668,
why Auranjab sought for illobrate repair except for changing the
authoriship of building as Mughal monument
6
1658 A.D.
Emperor Shah jahan died and there after his graveyard was placed in Taj
Mahal near the graveyard of Arjumand Banu( Mumtaj )W/o Emperor
Shahajahan. It appear that koranic in graving dragged for camouflaging
Hindu building with Muslim Lattering as a hoary tredition which is
evidence Adhai- Din-Ka-opda at Ajmar which was a part of vigragharaj
Vishandeo’s palace an also at kutabminar with a legerdemain of
Islamik carinngs on it
7
1843 A.D.
The Governer Genral Lord Auckland with his lieutinant cunningham
tempered entire historical data of the arcologicaly department by
converning the authoriship of these Hindu palaces to Mughal
monument for adoptding the policy of divide and rule A deep
Conspiracy Committed By lieutenant Alexander Cunningham in
1842-1847
8
1904 A.D.
The Ancient Monuments Preservation Act, 1904, tempered the
entire histrocial data of the arcologicaly department by converning the
authoriship of these Hindu palaces to Mughal monument for adoptding
the policy of “Divide and Rule”
9
1951 A.D.
The Ancient And Historical Monuments And Archaeological Sites And
Remains (Declaration Of National Importance) Act, 1951 to the extend
Of declaring the ancient and historical monuments and other and
Archaeological Sites namely Taj Mahal. Fatehpur-sikiri, Agra Red Ford
, Ethmadualla and other Monuments as built by Mugal invaders
allegedly on the basis of report submitted by Then Governor General,
Lord Auckland, and young lieutenant Alexander Cunningham
conceived indigenous scheme of “Divide and Rule”and thereby
misusing the archaeological studies, be declared as ultravires to
Article 19 (1) (a), 25,26 49 And 51-A (f) (h) Constitution of India.
10
1958 AD
This Hon’ble Court may future declare the provision of Ancient and
Historical Monuments and Archaeological Sites and Remains
(Declaration of National Importance) Act, 1951 (71 of 1951),
The Ancient Monuments And Archaeological Sites And Remains Act,
1958 of declaring these ancient building/ monuments preserved with
1959 such false identity with out any scientific inquiry/ investigation as
purported Mugal monuments / Graveyards as unconstitutional and void.
11 1968 AD
Sri P.N.Oak written his first book titled as Taj Mahal is
TEJO-
MAHALAYA : A SHIVA TEMPLE
12 1974A.D.
Carbon dating test –14 conducted of the doors timber placed on the
Northern side of Taj Mahal building now remooved from its location
Towards Yamuna River at Dashahara Ghat and Basai Ghat from where
the Public could have a glance towards Shiva Temple constructed at
the top of Raja Mansingh Palace Which was in Occupation of his
grand Son Raja Jai Singh, when it was forciably taken by Emperor
Sahajahan for burial of Arjumand Banu( Mumtaj )W/o Emperor
Shahajahan Died in between and buried at Burhanpur and her body
Exhumed after about 6 months
Dated : 7th September, 2004
Yogesh Kumar Saxena
Advocate, High Court
(Counsel for the Petitioner)
Chamber No.139, High court,
Allahabad
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
Civil Misc. Application No.
of 2004
(Under Section 151 CPC)
In
Civil Misc. Writ Petition No. 3618
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
To,
The Hon’ble the Chief Justice and his Lordships other companion Judges of the
aforesaid Court.
The humble writ petition of the abovenamed petitioner MOST RESPECTFULLY
SHOWETH AS UNDER;
1. That the full facts and circumstance of the case are given in accompanied writ
petition, it is most respectively prayed that an ad-interiem-mandamus by appointing a
facts finding committee for exposing the falsehood of the Arceaological department
regarding the historical blunder committed by them in respect of their purported claim
set-up in declaring Taj-Mahal, Red- fort Agra, Fatahpur –Sikiri and other ancient
Hindu buildings/ monuments as Muslim monuments and truth may be disclosed to the
public/citizens and students in subject of history regarding their true authorship prior
to Mughal period in furtherance of their fundamental rights conferred to the Citizens
under Article 19 (1) (a), 25 and 26 read with49 and 51-A(f) (h) of Constitution of
India and Freedom Of Information Act, 2002.
2. That it is further prayed that an ad-interim-Mandamus directing the respondent
authorities after due Scientific investigation and facts finding inquiry report, the
respondents in particular the Archaeological Survey of India may Declare and Notify
in terms of the true history, as the Taj Mahal was not built by Shahajahan and thereby
directing the Archaeological Survey of India to remove the notices displayed by them
in the Taj Mahal premises crediting Shahjahan as its creator and to futher desist from
writing / publishing / proclaiming / propagating and teaching about Shahjahan being
the author of Taj Mahal and stop and discontinue the free entry in Taj Mahal premises
on Fridays in the week.
3. That it is further prayed that an ad-interim mandamus directing the respondent
authorities in particular Archaeological Survey of India 1)-to open the locks of upper
and lower portions of the 4 storeyed red stone building of Taj Mahal having numbers
of rooms, 2)-to remove all bricked up walls build later blocking such rooms therein,
3)-to investigate scientifically and certify that which of those or both cenotaphs are
fake,4)-to look for a subterrance storey below the river bank ground level, 5)-to look
into after removing the room-entrance directly beneath the basement cenotaphchamber.6)- by removing the brick and lime barricade flocking the doorway, 7)-to
look for important historical evidence such as idols and inscriptions hidden inside
there by the Shahjahan’s orders as truth may not make us rich but the same will make
us free from superstitions and false propoganda.
4. That it is further prayed that an ad-interim-mandamus may further be issued
declaring
the provisions of The Ancient And Historical Monuments And
Archaeological Sites And Remains (Declaration Of National Importance) Act, 1951 to
the extend of declaring the ancient and historical monuments and other and
Archaeological Sites namely Taj Mahal. Fatehpur-sikiri, Agra Red Ford , Ethmadualla
and other Monuments as built by Mugal invaders allegedly on the basis of report
submitted by Then Governor General, Lord Auckland, and young lieutenant
Alexander Cunningham conceived indigenous scheme of “Divide and Rule” and
thereby misusing the archaeological studies, be declared as ultravires to Article 19 (1)
(a), 25,26 49 And 51-A (f) (h)constitution of India and this Hon’ble Court may futher
declare the provision of
Ancient and Historical Monuments and Archaeological
Sites and Remains (Declaration of National Importance) Act, 1951 (71 of 1951), The
Ancient Monuments And Archaeological Sites And Remains Act, 1958 of declaring
these ancient building/ monuments preserved with such false graeyards identity with
out any scientific inquiry/ investigation as purported Mugal monuments / graveyards
as unconstitutional and void.
5. That it is further prayed that an ad-interim mandamus on the basis of the Research
Conducted by the petitioner No.-2 as published in the different books written by him
as referred in earlier paragraphs namely 1. World Vedic Heritage, 2. The Tajmahal
is a Temple Place, 3.Some Blunders of Indian Historical Research, 4. Flowers
Howlers, 5. Learning Vedic Astrology, 6. Some Missing Chapters of World
History, 7. Agra red Fort is a Hindu Building, 8.Great Britain was Hindu Land,
9. The Taj Mahal is Tejomahalaya a Shiva Temple, 10.Who Says Akbar was
Great, 11. Vedic Guide to Health, Beauty, Longevity and Rejuvenation, 12.
Islamic Havoc in Indian History Published by-HINDI SAHITYA SADAN 2, B.
D. Chambers, 10/54 D. B. Gupta Road, Karol Bagh, New Delhi-110005, and the
truth may be exposed through Scientific inventions and temperaments to the Citizen/
Students of history by conducting the research/ excavations of the remains of Hindu
monuments by the Central Government surroundings to all such Hindu Palace/ temple
and other ancient archaeological building/ Monuments as the incidents like demolition
of disputed structure at Ayodhya may not be repeated resulting in mass destruction of
the public property shacking of public confidence under Rule Of Law in the society;
Or and Any other Direction, Which this Hon’ble Court May deem fit in the
circumstances of the case
Prayer
It is most respectively prayed that an ad-interiem-mandamus by
appointing a facts finding committee for exposing the falsehood of the Arceaological
department regarding the historical blunder committed by them in respect of their
purported claim set-up in declaring Taj-Mahal, Red- fort Agra, Fatahpur –Sikiri and other
ancient Hindu buildings/ monuments as Muslim monuments and truth may be disclosed
to the public/citizens and students in subject of history regarding their true authorship
prior to Mughal period in furtherance of their fundamental rights conferred to the
Citizens under Article 19 (1) (a), 25 and 26 read with49 and 51-A(f) (h) of Constitution
of India and Freedom Of Information Act, 2002.
1.
It is further prayed that an ad-interim-Mandamus directing the respondent
authorities after due Scientific investigation and facts finding inquiry report, the
respondents in particular the Archaeological Survey of India may Declare and Notify
in terms of the true history, as the Taj Mahal was not built by Shahajahan and restrain
them from displaying the authorship of these buildings as constructed by Sahajahan or
by any mughal Invaders thereby directing the Archaeological Survey of India to
remove the notices displayed by them in the Taj Mahal premises crediting Shahjahan
as its creator and to futher desist from writing / publishing / proclaiming / propagating
and teaching about Shahjahan being the author of Taj Mahal and stop and discontinue
the free entry in Taj Mahal premises on Fridays in the week.
2.
It is further prayed that an ad-interim mandamus directing the respondent
authorities in particular Archaeological Survey of India 1)-to open the locks of upper
and lower portions of the 4 storeyed red stone building of Taj Mahal having numbers
of rooms, 2)-to remove all bricked up walls build later blocking such rooms therein,
3)-to investigate scientifically and certify that which of those or both cenotaphs are
fake,4)-to look for a subterrance storey below the river bank ground level, 5)-to look
into after removing the room-entrance directly beneath the basement cenotaphchamber.6)- by removing the brick and lime barricade flocking the doorway, 7)-to
look for important historical evidence such as idols and inscriptions hidden inside
there by the Shahjahan’s orders as truth may not make us rich but the same will make
us free from superstitions and false propoganda.
3.
It is further prayed that an ad-interim-mandamus may further be issued declaring
the provisions of The Ancient And Historical Monuments And Archaeological Sites
And Remains (Declaration Of National Importance) Act, 1951 to the extend of
declaring the ancient and historical monuments and other and Archaeological Sites
namely Taj Mahal. Fatehpur-sikiri, Agra Red Ford, Ethmadualla and other
Monuments as built by Mugal invaders allegedly on the basis of report submitted by
Then Governor General, Lord Auckland, and young lieutenant Alexander
Cunningham conceived indigenous scheme of “Divide and Rule”
and thereby
misusing the archaeological studies, be declared as ultravires to Article 19 (1) (a),
25,26 49 And 51-A (f) (h)constitution of India and this Hon’ble Court may futher
declare the provision of
Ancient and Historical Monuments and Archaeological
Sites and Remains (Declaration of National Importance) Act, 1951 (71 of 1951), The
Ancient Monuments And Archaeological Sites And Remains Act, 1958 of declaring
these ancient building/ monuments preserved with such false graeyards identity with
out any scientific inquiry/ investigation as purported Mugal monuments / graveyards
as unconstitutional and void.
4.
It is further prayed that an ad-interim mandamus on the basis of the Research
Conducted by the petitioner No.-2 as published in the different books written by him
as referred in earlier paragraphs namely 1. World Vedic Heritage, 2. The Tajmahal
is a Temple Place, 3.Some Blunders of Indian Historical Research, 4. Flowers
Howlers, 5. Learning Vedic Astrology, 6. Some Missing Chapters of World
History, 7. Agra red Fort is a Hindu Building, 8.Great Britain was Hindu Land,
9. The Taj Mahal is Tejomahalaya a Shiva Temple, 10.Who Says Akbar was
Great, 11. Vedic Guide to Health, Beauty, Longevity and Rejuvenation, 12.
Islamic Havoc in Indian History Published by-HINDI SAHITYA SADAN 2, B.
D. Chambers, 10/54 D. B. Gupta Road, Karol Bagh, New Delhi-110005, and the
truth may be exposed through Scientific inventions and temperaments to the Citizen/
Students of history by conducting the research/ excavations of the remains of Hindu
monuments by the Central Government surroundings to all such Hindu Palace/ temple
and other ancient archaeological building/ Monuments as the incidents like demolition
of disputed structure at Ayodhya may not be repeated resulting in mass destruction of
the public property shacking of public confidence under Rule Of Law in the society.
Any other Direction, Which this Hon’ble Court May deem fit in the
5.
circumstances of the case
Dated; 7th Sepetember ,2004
Yogesh Kumar Saxena
Advocate, High Court
(Counsel for the Petitioner)
Chamber No.139, High court,
Allahabad
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
Civil Misc. Writ Petition No. 3618
of 2004
(Under Article 226 of constitution of India)
(District – Agra)
1. Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007
2. P. N. Oak. S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill
Society, Aundh, Pune - 4110071. Founder President, Institute of Rewriting
Indian History, Aundh, Pune - 4110071 -----------Petitioner
VERSUS
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
To,
The Hon’ble the Chief Justice and his lordships other companion Judges of the
aforesaid Court.
The humble petition of the abovenamed petitioner MOST RESPECTFULLY
SHOWETH AS UNDER;
1.
That, no other writ petition has been filed or pending on the same controversy involved
in the present writ petition before this Hon’ble Court, nor the petitioner’s institution, namely,
“ Institute for Re-writing Indian (and World) History” has received any notice of caveat
application so far in the present writ petition. The petitioner No.1 and petitioner No.2 are
same person, but they are impleaded in different capacity.
2.
That this writ petition is moved to re-establish the truth and cultural heritage of our
Country. This writ petition is pertaining to the world marvel, one of the Seven Wonders of
the World, namely, Taj Mahal, and other monuments authorship attributed to Hindu Rulers,
much prior to the period of Mugal Invaders. The ancient monuments and structure are part of
our tradition and culture and evidence of glorious-marvelous architectural achievement and
further to that it is a part of our heritage. Fraud upon history should not be perpetuated as life
is evaluated in the perspective of history. For the sake of history of heritage, these
monuments should be identified, protected and preserved properly in the right perspective
with right historical records of creation and construction of truth and realities, which
includes rectifying and/ or correcting the wrong records, notions, motivated dis-information
and mis- information.
3.
That this writ petition is moved in the Public Interest, for a National Cause, to
establish the truth there is no private interest or any other oblique motive, or any other
personal gain. The petitioner institution, known as Institute for Re-writing Indian History,
Thane, having registration no. F-1128 (T) is a public trust. The founder president of the trust
is Shri P.N. Oak S/o Late Shri Nagesh Krishna Oak, R/o- Plot no. 10, Goodwill Society,
Aundh, Pune.411007, who has written number of books namely 1. World Vedic Heritage, 2.
The Tajmahal is a Temple Place, 3.Some Blunders of Indian Historical Research, 4. Flowers
Howlers, 5. Learning Vedic Astrology, 6. Some Missing Chapters of World History, 7. Agra
red Fort is a Hindu Building, 8.Great Britain was Hindu Land, 9. The Taj Mahal is
Tejomahalaya a Shiva Temple, 10.Who Says Akbar was Great, 11. Vedic Guide to Health,
Beauty, Longevity and Rejuvenation, 12. Islamic Havoc in Indian History.
4.
That the petitioner No. 2 is the founder President of an Institution, namely, “ Institute
for Re-writing Indian (and World) History “. The aim and objective of that institution, which
is a registered society having register no. F-1128 (T) as the public trust under the provision
of Bombay Public Trust Act. Inter alia, is to re-discover the Indian history. The monumental
places of historical importance in their real and true perspective having of the heritage of
India. The true copy of memorandum of association of the aforesaid society / public trust
having fundamental objectives along with Income tax exemption certificate under section
80-G (5) of I.T. Act, 1961 for period 1/4/2003 to 31/3/2006 are filed herewith as marked as
Annexure No.1 and 2 to the writ petition.
5.
That the founder-President of Petitioner’s Institution namely Shri P. N. Oak is a
National born Citizen of India. He resides permanently at the address given in case title. The
petitioner is a renowned author of 13 renowned books including the books, titled as, “ The
Taj Mahal is a Temple Place”. This petition is related to Taj Mahal, Fatehpur- Sikiri, Redfort at Agra, Etamaudaula, Jama- Masjid at Agra and other so called other monuments. All
his books are the result of his long-standing research and unique rediscovery in the
respective fields. The titles of his books speak well about the contents of the subject. His
Critical analysis, dispassionate, scientific approach and reappraisal of facts and figures by
using recognised tools used in the field gave him distinction through out the world. The true
copy of the title page of book namely “The Taj Mahal is a Temple Palace” . written by Sri P.
N. Oak, the author/ petitioner No. 2 is filed as Annexure –3 to this writ petition.
6.
That the great “Kshatriya community” pride to defend their faith and the culture of
our country against foreign invasions in converting the monuments by the foreign invaders
requires a sacrificial magnanimity and moral purity in the exposure of the truth to the public
and thereby to safeguard their right of freedom of information couched under Article 19(1)
(a) is the theme behind the writing this Article and the present Petition .The serene beauty,
majesty and grandeur of the Taj Mahal, one of the seventh wonders of the world and other
monuments is still not so well known to the world regarding the true story of its origin. The
magnificent palace, which was built earlier got converted into the Tomb .The changeover
has proved a shroud deluding from lay visitors to the researchers and the great historian Sri
P.N. Oak, a co-worker of Netaji Subhash Chandra Bose. The popular nostalgia of legendary
love to get the conversion of every Hindu Palace/Temple due to mythical attachment from
fanatic raging fire converting dazzle of leaping flames and blinding smoke should be
discouraged into a cool research regarding the origin. This is required to check a different
form of terrorism prevalent amongst the crusader of the death to the innocent victim on the
psychological level. Let us examine the scared truth about the origin of the monuments.The
true copy of the title cover of books namely “Some Missing Chapters of World History” and
“Some Blunder Of Indian Historical Research” written by Sri P. N. Oak containing the
Boigraphy sketch of identity of great author are filed as Annexure No. 4 and 5
7.
That the said book, which is the ‘ research paper’ of the author on the subject that
the so-called “Taj Mahal “ is not a monument built by an Invader Emperor Shahajahan in
memory of his late wife but a Hindu Shiva Temple which was converted into a lovememorial by a Invader Emperor. The true copy of the book was first published in 1968, 2 nd
edition on 1969, 3rd edition in 1974 namly THE TAJ MAHAL IS TEJO-MAHALAYA : A
SHIVA TEMPLE is filed herewith as Annexure No.6 and large 4th edition published in
1993 shall be produced is being directed by this Hon’ble Court.
8.
That the afforesaid book contaning 35 pages –booklet lists scrially numbeded 118
points of evidence with may be treated as the submission made before this Hon’ble Court for
making following demands (I) The Archaeological Survey of India (ASI) be ordered to
remove forthwish its notices at the entrance to the Taj mahal in Agra attributting its creation
to Shahjahan, since those notice in English, Hindi and Urdu are false and baseless and quate
no authority.(II) Misuse of the left – flank building as a mosque be banned since the entire
premises constitute a pre-Shahjahan Tejomhalaya Shiv Temple complex. (III) Free entry on
Fridays be ordered to be discontinued since there being no geniune mosque in the premises
why should the Government lose a day’s revenue! (IV) If Free entry on Fridays is not
discontinued then Mondays should also be free-entey days because that is a day of special
Shiv worship. (V) The Tejmahal, its two flanking buildings and a well being all sevenstoryed they enclose over a thousand rooms which should all be thrown open to visitorssince
they are charged an entrance free. (VI) The A.S.I. be ordered to remove its locks from those
storyed and also pull down the crude unplastered walling-up by Shahjahan of staircases,
ventillators and doorways leading to those sealed rooms. (VII) The A.S.I. be directed to
search for hidden histirical evidence such as inscriptions, divine idols etc. in those sealed
rooms and thick walls tampered with by Shahjahan. (VIII) The water in the seven-storyed
wall be pumped out to look for jettisoned valuable and inscription etc. at its bottom when
Shahjahan’s Mogul troops swooped to confiscate that temple palace complex and the
bullion, gems, gold-pitcher, the gem-studded gold-railing and the Peacock Throne inside,
owned by Raja Jaisingh of Jaipur. (IX) Beating of Nagaras (drums) at ausicious dawn and
dusk hours be resumed as of yore in the two Nagarkhanas in the premises. (X) Since the Taj
has two cenotaphs each in the name of Shahjahan and Mumtaz in two storeyes at least one
each of those two pairs of cenotaphs must be fake since Muslims don’t cut their dead into
two pieces to be buried under two cenotahs it is belived. Even the basement conotaphs
could’s be genuine because they are two storeyed higher than the Yamuna river bed ground
level. Therefore the ASI be directed to investigate which of those cenotaphs if any are
genuine or whether both are fakes or whether there are any more fake conotaphs upto the
ground level ? (XI) The Koranic graft patched along the entrance arches be ordered to be
removed since those are illagel forged imposition to be Islamic lettering desecrating the
ancient sacred Shiv shrine. (XII) Extensive repairs to the hundreds of sealed or locked rooms
in the storeyes beneath and above the marble floor be ordered to be undertaken immediately
to prevent collapes of the Tajmahal from internal weakness. (XIII) The A.S.I. should be
directed to intestigate as to who stencilled the Arabic letter ‘Allah’ and some Englishmen’s
names on the mental pinnacle shift rooted in the dome, since no such names exits on the full
scale replica of the pinnacle shaft inlaid in the red stone courtyard on the eastern flank of the
Tajmahal. (XIV) The Muslim attendants squatting by the side of the cenotaphs should be
decommissioned and disbanded because the cenotaphs are fakes covering the ancient
Shivlings. (XV) Since the towering seven-storyed Tajmahal edifice must have been raised
over an underground basement the ASI should be directed to investigiate whether there is
any such hidden, buried basement as was the ancient Vedic practice.
9.
That in 1155- 1158 A.D.It is said that Raja Paramdardi dav, a Jat Ruler on his behalf
and on behalf of the Minister Salakahan who constructed Tejoji Mahal which came in
occupation Of Raja Man Singh and remain in possession of Raja Jai Singh when It was tken
for conversion to Taj Mahal, for the purposes of shifting the remains of Arjumand Banu(
Mumtaj )W/o Emperor Shahajahan Died In between 1629-1632 and buried at Burhanpur and
her body Exhumed after about 6 months (as disclosed in Shahajan Badshahnama written by
MullaAbdul Hameed lahori).
10.
That, it is said that in 1629-1632 A.D. Arjumand Banu( Mumtaj )W/o
Emperor Shahajahan Died in between and was buried at Burhanpur and her body may be
Exhumed after about 6 months.It is submitted that 1641-1668 A.D.is probable period of the
shroud deluding changeover of Hindu Palace/Temple as mughal Monument/ Graveyard. It
is submmited that in 1652 A.D. Aurangazab Letter showing his somsidern about need of
elaborate repairs of Taj Mahal.. If Taj Mahal was constracted in 1641 to 1668, why
Auranjab sought for illobrate repair. It was nothing, except for changing the authoriship of
building as Mughal monument. In 1658 A.D. Emperor Shah jahan died. Their after his
graveyard was also placed in Taj Mahal near the graveyard of Arjumand Banu( Mumtaj
)W/o Emperor Shahajahan. It appear that koranic in graving dragged for camouflaging
Hindu building with Muslim Lattering as a hoary tredition, which is evidence Adhai- DinKa-opda at Ajmar which was a part of vigragharaj Vishandeo’s palace an also at kutabminar
with a legerdemain of Islamik carinngs on it.
11.
That in 1843 A.D., the Governer General Lord Auckland with his lieutenant
cunningham tempered entire historical data of the arcologicaly department by converning
the authoriship of these Hindu palaces to Mughal monument for adoptding the policy of
“Divide and Rule”. A deep Conspiracy Committed By Lieutenant Alexander Cunningham in
1842-1847.
12.That in 1904 A.D., the provisons of The Ancient Monuments Preservation Act, 1904,have
further tempered the entire histrocial data of the arcologicaly department by converning the
authoriship of these Hindu palaces/monuments to Mughal monument for adoptding the
policy of “Divide and Rule”
13.
That in 1951 A.D., the provision of “The Ancient And Historical Monuments And
Archaeological Sites And Remains (Declaration Of National Importance) Act, 1951”are
further intesified the falsehood of these Buildings by shifting the authership of these
monuments. Thus this Writ Petition is filed seeking declaration to the extend of declaring the
ancient and historical monuments and other and Archaeological Sites namely Taj Mahal.
Fatehpur-sikiri, Agra Red Fort, Ethmadualla and other Monuments as built by Mugal
invaders allegedly
on the basis of report submitted by Then Governor General, Lord
Auckland, and young lieutenant Alexander Cunningham conceived indigenous scheme of
“Divide and Rule”and thereby misusing the archaeological studies, be declared as ultravires
to Article 19 (1) (a), 25,26 49 And 51-A (f) (h) Constitution of India.
14.
That this Hon’ble Court may futher declare the provision of Ancient and Historical
Monuments and Archaeological Sites and Remains (Declaration of National Importance)
Act, 1951 (71 of 1951), The Ancient Monuments And Archaeological Sites And Remains
Act, 1958 of declaring these ancient building/ monuments preserved with such false mughal
identity with out any scientific inquiry/ investigation as purported Mughal monuments /
Graveyards as unconstitutional and void.
15.
That in 1968 A.D Sri P.N.Oak written his first book titled as Taj Mahal is TEJOMAHALAYA : A SHIVA TEMPLE. In 1974 A.D. It is submitted that in the Carbon dating
test –14 conducted of the doors timber placed on the Northern side of Taj Mahal building
now remooved from its location Towards Yamuna River at Dashahara Ghat and Basai Ghat
from where the public could have a glance towards Shiva Temple constructed at the top of
Raja Mansingh Palace Which was in Occupation of his grand Son Raja Jai Singh, when it
was forciably taken by Emperor Sahajahan for burial of Arjumand Banu( Mumtaj )W/o
Emperor Shahajahan Died in between and buried at Burhanpur and her body Exhumed after
about 6 months
16.
That this book is being well accepted in India and abroad. The popular
nostalgia for legendary love has helped fan then flame of Shahajajahan’s mythical
attachment to Mumtaz into a raging fire, envoloping the taj in the dazzale of leaping flames
and blinding smoke of imaginary accounts, discouraging the cool, dispassionate research
about its origion It has raised no controversy. Since the reasons given therein supported with
documented record have proved conclusively the findings and conclusions of the author.
Thus the objective of the research conducted by the petitioner No.2 is not to cultivate any
animosity or any thing to invade the feeling of any citizen, except the exposure of the truth
to the citizen, historians and to the young generation, as they may not be mislead by
falsehood, in order to swept away by the impulse of terrorist oriented approach of the
fundamentalist under our secular democratic structural approach in the preamble of our
constitution.
17.
That Hindu Palace/Temple conversion in Invader Monuments like Taj MahalInvasion of our Indian Heritage by Archaeological Dept under the garb of The Ancient
Monuments And Archaeological Sites And Remains Act, 1958 ( Act No.24 of !958)- Indian
Historical Blunders – A deep Conspiracy Committed By lieutenant Alexander Cunningham
in 1842-1847.Reference collected from the books of Sri P.N. Oak – The Taj Mahal Is A
Temple palace – Some Blunder of Indian Historical Research –Some Missing Chapters of
World History- AGRA RED FORT is a Hindu building. Published by-HINDI SAHITYA
SADAN 2, B.D. Chambers, 10/54 D. B. Gupta Road, Karol Bagh, New Delhi-110005.
18.
That the freedom of speech and expression is basic to indivisible from a
democratic polity .It includes right to impart and receive information. Restriction to the said
right could be only as provided in Article 19(2) to (6) of the constitution of India. The old
dictum let the people have the truth and the freedom to discuss it and all will go well with
the Government. It should prevail. The true test for deciding the validity is whether it takes
away or abridges fundamental right of the citizens. If there were direct abridgement of the
fundamental right of freedom of speech and expression, the law would be invalid. If the
provisions of the law violate the constitutional provisions, they have to be struck down and
that is what is required to be done in the present case .It is made clear that no provision is
nullified on the ground, that the Court does not approve the underlying policy of the
enactment.
19.
That the ambit and scope of “Right to Know “ along with right of conscience, fath
and Religion are conferred fundamental right under Article 19 (1)(a), 25, 26, 49, 51-A (f) (h)
of the Constitution of India; read with the provision of Freedom of Information Act, 2002
.The right to get information in democracy is recognized all throughout and it is a natural
right flowing from the concept of democracy itself. Freedom of expression may be
necessarily included in the right of information. There is no expression with out having an
idea on the subject, regarding which the expression of an individual may be given effect to
change the existing values of ideology, which are based on the notable extracts of certain
facts. An enlightening informed citizen would undoubtedly enhance democratic values. On
one hand, we are suffering from the past prejudice of caste predomination amongst the
different section of the citizen. This country called as Arya Varta in the ancient time was so
excellent, as there was no match equal to our country on this earth. The creation of the
terminology of Aryan considering themselves to be noble was earlier regarded the real
philosopher’s touchstone to eradicate the falsehood from its perception. However by the
gradual deterioration in the standard of the good behavior, righteousness, decency which
were having the foundation of impartiality, love and conscientiousness, there has been the
complete absence of discrimination in the social coordination. The true copy of the provision
of Freedom of Information Act, 2002 is filed herewith and marked as Annexure No. 7.
20.
That truth will not make us rich, but it will certainly make us free. The wrong
historical data leads to the horror, as we have seen during the period of demolition of the
Babri Masjid. There has been number of concomitant given by the respective community
representing to the follower of two prominent religions, but the loss that we have suffered in
the shape of hatred between the two section of the society, cannot be compensated without
revealing the truth. Unfortunately, the term Hindu communalism is more exaggerated by the
fanaticism under the garb of secularism, while the Hindu community as a whole has always
been receptive to all the religion. The question, which is cropping its importance, is much
more in relations to the question pertaining to Invader contributions to Indian life and
culture. Such facts which have been geared to brainwash the subject of the pupil, with that of
perverted history under the long spell of foreign rule, may be distorted according to the
command of the ruler and as such till date the truth has not brought forward to the surface
and is exclusively aliens to the appeasement policy generated in order to rule the
parliamentary democratic set up in our country.
21.
That the mentalities affect and paralyse the traditional heritage and provide a loss to
the integrity of our country. Our ancient ancestors namely Rana Pratap and Chattrapati
Shivaji Maharaj and Guru Govind Singh during the period of Mughal rulers have not
conceded with the terror and torture, they used in proselytization. It is very shameful for the
independent citizens to live under the false perception of character assassination. Thus in all
fairness, we may be bound to accept that although the Britishers may pose themselves more
civilized, but inspite of their so called great insight, there is the historical blunder committed
by them, while writing the Indian history in relations to the authorship of the monuments.
Invader rulers, without exception were sadist, yet they represent themselves as just, kind and
patrons of learning. The construction is seen with all Hindu traditions, while these
foreigners, who were either Invader or crusaders have done the destruction of these
constructions. These persons were stained with all wickedness and disgraceful conduct,
which is still apparent in the society and remain prevalent during a thousand year of rampant
Invader communalism, then how we can expect that they have not demolished all the Hindu
Temple and converted them with slight modification as their monuments. The township of
Ferozabad, Tuglaqabad, Ahmedabad, and Hyderabad are falsely ascribed to that of Sultan,
though the same was belonging to our ancient Hindu Rulers. The country in which the milk
was available to every citizen without investing any money to the extent of his requirement
and consumption has now been adulterd after ruthless killings of our cattle’s by these
invaders of the public confidence. Actually “Hinduism” is nothing representing to religious
foundations, but our belief, synonymous to nationalism and sooner it may be understood and
practiced in such a manner, we may seek the protection of our integrity by saving the
population of the innocent citizens.
22.
That at Dilwara Jain temple in District Shirohi, Rajasthan having the white
Marvel and the Elephants statue, there are still the sign of the atrocities committed by these
Mugal invaders having the mass destruction of the construction on the upper portion of
structure. However, since the temple lying below the surface was filled up with the mud and
earth., this Dilwara Jain Temple having identical construction as that of Taj Mahal and other
Marvel buildings could have been saved from these invaders of Humanities. Thus the truth
may be exposed to the public that the invaders were never the Builders of monuments, but
they were rather the destroyer of our ancient cultural heritage, which was preserved by the
85% of Hindu citizens from the time immortal. Let Hindu be now permitted to save their
temple from being converted to the Graveyards any more by our so-called guardians of
society under the appeasement policy of “Divide and Rule”.
23.
That the mankind must be satisfied with the reasonableness within reach and
the decision-making process may belong to the knowledge of the law. Thus the
reasonableness and the rationality, legality, as well as philosophically, provide colour to the
meaning of fundamental right .The concept of equality is not doctrinaire approach. It is a
binding threat, which runs through the entire constitutional text. Thus the affirmative action
may be constitutionally valid and the same cannot ignore the constitutional morality, which
embraces in itself the doctrine of inequality. It would be constitutionally immoral to
perpetuate inequality among majority .The constitution is required to kept young energetic
and alive. The attempt be endured to expand the ambit of fundamental right. It is said that
the dignity of the ocean lies not in its fury capable of causing destruction, but in its vast
extent and depth with enormous tolerance. Thus the wider the power, the higher the need of
caution and care, while exercising the power.
24.
That public education is essential for functioning of the process of popular
government and to assist the discovery of truth and strengthening the capacity of individual
in participating in decision making process .The decision making process include the right to
know also and pushing the protection beyond the primary level betrays the bigwigs desire to
keep the crippled more crippled forever. The education of spiritualism is the foundation for
value based survival of human being in a civilized society. The force and sanction hidden
behind civilized society depend upon moral value; and the morality cannot be cultivated
through the falsehood of ideological barrier. Thus the children may not be required to read
such facts, which are having the foundation of falsehood.
25.
That our educational institutions are the foundation of the characteristics; on the
basis of which; the young generation will solve the problem of national solidatory and
integration. The children are taught to adhere with the truth for their existence in future; but
the alarming situation linked with the history written by the alien rule has not only nurtured
the myth amongst the independent citizens; but many monuments have been falsely credited
to the alien Invader rulers, who were driven across the Indian borders at sword point and
continued to rule our nation mercilessly without given any importance to the existing palace
and the temple built by the inhabitant ancestors of the rulers at the contemporary period.
26.
That education is an investment made by the nation in its children for harvesting a
future crop of responsible adults productive of a well functioning society. However children
are vulnerable. They need to be valued, nurtured, caressed, and protected. Imparting of
education is State function. Thus since the human mind is not a tape recorder, it would make
a perfect reproduction letter in the society .It is said that every State action must be informed
by reason. Thus the freedom of expression, which includes “Right to Know” may be allowed
to be enjoyed by the citizen to the fullest possible extent without putting shackles of
avoidable cobweb of rules and regulations putting restriction on such freedom. Justice has no
favorite, except the truth. A reason varies in its conclusion according to the idiosyncrasy of
the individual and the times and the circumstances, in which he thinks.
27.
That the terminology of history is derived from Greek word ‘Historia’ meaning there
by an enquiry. Since the enquiry is nothing, but the same is attributed to the different branch
of knowledge. Thus the inquisitiveness is always generated in educated mind. The history
should not be guided solely on etymological terminology. The meaning of ‘Itihas’ which is
derivated from a Sanskrit word, leads to three terminology .The first one namely ‘iti’ means
such and such (a happening or event),’ha’ means indefinitely while ‘aas’ means happened.
Thus the history is chronological happening of the different event during the past period
28.
That the Student/children, the future citizens under taking the education of Indian
History studying on the misconception/ pattern of Anglo Saxon teaching, which was meant
for division of Indian society on the policy of “Divide and Rule”. There is a important
question posed, as to whether we have actually gain our independence or we have to
undertake another journey full of animosity, aggressism on account of terrorism and fanatic
ideology prevalent throughout the World of some particular religion. Thus on account of
being sentinel /Guardian at large, this is the voice of the majority of Hindu Citizens to save
our ancestral cultural heritage and thereby to give protection to our future citizens. They
have the threat of being subjected to atrocities, if the drastic step to save the citizens from the
oppression and exposure of falsehood may not be done at an earliest time. Thus every
nationalist, who has got a slightest patriotic cult in his inhibition, has got a Fundamental
Right and a Constitutional Duty to safeguard our cultural heritage against the falsehood.
Imparting of education is a State function. The State, however, having regard to its financial
and other constraints is not always in a position to perform its duties. The function of
imparting education has been, to a large extent, taken over by the citizens themselves. Some
do it as pure charity; some do it for protection of their Interests.
29.
That Article 25 of the constitution in India secures to every person, subject of
course to public order, health and morality and other provisions of Part III, including Article
17 freedom to entertain and exhibit outward acts as well as to propagate and disseminate
such religious belief according to his judgement and conscience for edification of others.
The right of the State to impose such restrictions as are desired or found necessary on
grounds of public order, health, and morality is inbuilt in Arts. 25 and 26 itself. Article
25(2)(b) ensures the right of the State to make a law providing for social welfare and reforms
besides throwing open of Religious institutions of a public character to classes and sections
of Citizens and any such rights of State or of the communities or classes of the society were
also considered to need with due regulation in the process of harmonizing the various rights.
The vision of the founding fathers of the Constitution to liberate the society from blind and
ritualistic adherence to mere traditional superstitious beliefs sans reason or rational basis has
found expression in the form of Art. 17 of Constitution of India. The protection under Arts.
25 and 26 extends a guarantee for rituals and observances, ceremonies and modes of worship
which are integral parts of religion but as to what really constitutes an essential part of
religion or religious practice has to be decided by the courts with reference to the doctrine of
a particular religion or practices regarded as parts of religion
30.
That a society, where there is no moral values, there would neither be social order
nor secularism. Bereft of moral values secular society or democracy may not survive.
Almighty alone is the dispenser of the absolute justice. Thus an independent and efficient
judicial system, belong the repository of omnipotent power is always consider as one of the
basic structure of our constitution. The pre-constitutional days cannot be countenanced as a
source of law to claim any rights, when it is found to violate human rights, dignity social
equality amongst citizen. Democracy cannot survive and the constitution cannot work unless
Indian citizens are only learned and intelligent; and they are also of moral character and
imbibed the inherent virtue of human being such as truth, love and compassion. Duty of
every citizen of India is collective duty of the state.
31.
That every citizen of India is fundamentally obligated to develop a scientific temper
and humanism .He is fundamentally duty bound to strive towards excellence, in all sphere of
individual and collective activity, so that the nation constantly rises to the higher level of
endeavor
and
achievements.
Everyone,
whether
individually
or
collectively
is
unquestionably under the supremacy of law. However it is true that exaggerated devotion to
the rule of benefit must not nurture fanciful doubts or lingering suspicion and thereby
destroy social defense, as the curiosity cannot be the subject matter of fair criticism. Thus
the conclusion derived that on one hand, every citizen is having the freedom of speech and
expression so far as they do not contravene the statutory limits and may prevail in the
atmosphere with out any hindrance. Fundamental duties and the obligation of the citizen
may yet provide a valuable guide and aid to interpretation of constitutional issues which not
only required for resolving the issues but also to provide guidance to the society. Giving a
man his due, one of the basics of justice finds reflected in right to equality .Law frowns upon
such conduct thus the court accords legitimacy to possession in due course of time.
32.
That the concept of sovereignty was present from the ancient time but the
sovereignty was conferred upon an individual who is suppress the wicked and is recognized
as great resources in itself like the god of fire, air, sun, moon and religion. The religion in the
ancient time was considered as spiritualism and it was not dependent upon any ritual
ceremony, but it was considered s the knowledge in the darkness of ignorance and injustice.
The sovereignty was supposed to promote the cause of the religion, wealth and enjoyment of
life and those, who were voluptuous, malicious, mean and low-minded, were ruined by the
retributive justice. Thus the sovereignty was considered as a destroyer of the wicked by fire;
a restrainer of the wicked by storm (Varun) and its controller. It was considered to be the
dispenser of ease to the best pupil like the moon and a replenisher of wealth. These qualities
were the quality of the sovereign power.
33.
That now the sovereignty is attributed upon the three institution namely the
legislature, the executive and the judiciary. The combined effect of the three institutions
makes a democratic society. The legislature is creature like lord Brahma while the
executives like lord Vishnu may provide the welfare to the public. The judicial institutions
like lord Shiva is the dispenser of justice and is also the protector of all subjects. The law of
retributive justice wakes when the people sleep. Hence wise men regard the law or
punishment as virtue or religion.
34.
That the sovereignty and the people should form three Councils, Educational,
Religious, and Administrative. One individual should not have the absolute power of
government, the sovereignty being the general president of the councils .The qualifications
of the president the presidents of separate councils are their interest in the welfare of the
country, their excellence of learning and character, and their influence over the people. A
country prospers as long as the people are righteous. Also their welfare requires the
appointment of learned educational officers, appointment of learned men as the dignitaries
of the spiritual council and of virtuous learned men as administrators. Obedience to law is
required of all.
35.
That the secularism is the basic structure of constitution and as such in absence of
study of religion for generating brotherhood amongst the fellow citizens as to provide
mutual coordination and the ideology of live and let live to other is the basic education,
which cannot be said as an attempt against the secular philosophy of the constitution .The
constitution as it stands does not proceed on the “melting pot theory” while it represents a
“salad bowls”, where there is homogeneity without any obliteration of identity . The
foundation of the religion is spiritualism, which is based on trust and confidence and an
ability to strive for the good self of the other individual. The law must be enforceable to
preserve the society with out any derivation and hindrance and thus it may not resultantly
face the social catastrophe.
36.
That the little Indian shall not be hijacked from the course of freedom by mob
muscle method and thereby to subtle perversion of discretion by other large Indian “dressed
in little, brief authority”. The people of our country has right to know every public Act and
the principle of finality may not be insisted upon as the maxim “interest reipublicae ut sit
finis litiun”. Wisdom and advisability of public policy may be demonstrated in order to
given effect to the statutory provisions under our constitution thus an inquiry and
investigation may be needed a complete with the opinion of the expertise to arrive a
conclusion as to whether the plurability in a society is not splited the very object of the law
through appeasement to the minority group of the citizen in order to provide a conducive
political social and legal framework with out destroying the very fabric on the basis of which
the pillar and the foundation were built in order to assimilate the minorities with the
majority.
37.
That the Hon’ble court may never venture to disown its jurisdiction when the
constitution is found to be at stake and the fundamental rights of the citizen are under fire of
falsehood and thereby usurpation of the power by terrorizing for personal leisure and
pleasure through self created dogmas and rituals of particular religion at the cost of other
citizens. Thus the exposure of the falsehood may become the right of the affected party to
vanish the assertion based on unpatriotic sentimental perversity.
38.
That in Bijoe Emmanuel Vs State of Kerala (1986) 3 SCC 615, the question
raised in the aforesaid case, as to whether three children who were faithful to “Jehovah’s
witnesses” may refuse to sing our national anthem or salute the national flag of our country
despite being the student in the school, where during morning assembly, the national anthem
is sung by other children. The circular issued by the Director of Public Instruction, Kerala
provided obligation of school children to sing the National Anthem. Thus these children
were expelled. The Hon’ble Supreme court while setting aside the aforesaid order of
expulsion of the children from the school was pleased to examine, as to whether the children
faithful to “Jehovah’s witnesses”, a worldwide sect of Christianity may be compelled against
tenets of their religious faith duly recognized and well established all over the world which
was upheld by the highest court in United States of America, Australia and Canada and find
recognition in Encyclopedia Britannica. It was held that the appellants truly and
conscientiously believed that their religion does not permit them to join any rituals except it
them in their prayers to Jehovah, their God. Though their religious beliefs may appear
strange, the sincerity of their beliefs is beyond question. They do not hold their beliefs idly
and their conduct is not the outcome of any perversity. The appellants have not asserted the
beliefs for the first time or out of any unpatriotic sentiments. Their objection to sing is not
just against the National Anthem of India. They have refused to sing other National Anthems
elsewhere. They are law abiding and well-behaved children, who do stand respectfully and
would continue to do so, when National Anthem is sung. Their refusal, while so standing to
join in the singing of the National Anthem is neither disrespectful of it, nor inconsistent with
the Fundamental Duty under Article 51 A (a). Hence no action should have been taken
against them.
39.
That in a pluralistic society like India, which accepts secularism as the basic
ideology to govern its secular activities, education can include study based on “Religious
Pluralism”. Religious pluralism exclusivism and encourages inclusivism. Thus in pluralistic
society, it is necessary that there may not be any encroachment upon the follower of other
ideology. Value based education is likely to help the mission to fight against all the kinds of
prevailing fanaticism, ill will, violence, dishonesty, corruption and terrorism in the different
form Citizens by getting the protection to a certain degree of preference to the minority on
the cost of majority of citizen .The education is permissible only on the grounds of
convenience, suitability and familiarity with an educational environment but the same should
not be excessive to the substantial departure of tolerance and based on practically not
existent intolerable fanatic ideological aggressism .
40.
That the prevalent socio-economic system having the vast majority of the
people, ignorant uneducated and easily liable to be mislead may also be provided their due
legitimization in governance of their life as they repose tremendous faith in the secularism .It
is the constitutional obligation of the state to provide the justice by emancipation of the
falsehood as the commitment of Article 19 (1) (a), providing right of expression to an
individual. It may be unreasonable if we are unable to give the exact definition of
reasonableness to the people in a democratic institution .Law cannot afford any favorite
other than truth as the manifest injustice is curable in nature; rather than incurable
mediocrity over meritocracy, which cuts the root of justice. Protective push or prop by way
of reservation or classification must withstand any over generous approach to the section of
the beneficiary, if it handles the effect of destroying another’s right to education, more so, by
pushing in a mediocre over meritorious and thereby belies the hope of generating the social
coordination.
41.
That long slavery, paradoxically enough, makes the slave to look upon the very
change that bind him as his life support. This story was told to the convict in ancient time
and who was confined in the dingy cell for fifteen years. After fifteen year the detainee was
set free and he gingerly step out of the prison gate. His eyes, which were used to the dim
light wilted at the bright sunshine outside everything including traffic, the gazing eyes were
the strange look to the detainee and as such he felt terrified. He took a long look at the
outside world and thereafter he inhaled a deep breath and there after by a sudden dash he
again reached to his dog’s tether in the cell as his imprisonment has sapped his selfconfidence. This is what has happened in India.
42.
That this feeling utter destitution, dejection, desperation and the loss of all
confidence is the result of our slavery, by which the Indians have forgotten their own past
history, lost freedom and obliviousness of the delights of an unfettered life thus it is
necessary to keep the flame of the truth burning in the heart of every enlightened citizen as
the majority of the public is unaware of the truth.
43.
That the glory of our country may only be restored when our traditional heritage culture
may revive, when every citizen may get the rid from adulterated history. The historical
concepts, which have been distorted during the long period of slavery, may become a task of
utmost importance and urgency. An inadequate understanding on impressionable citizen has
resulted in the further accessibility in implanting the misleading concepts and thereby
breaking the heads and idols of the fellow citizen due to the segmentation of the society in
many composition.
44.
That the true history must atleast be written in the contemporary language and it
should remain independent from interpolation, otherwise the very existence of our cultural
heritage may be evaporated from the sight of the future generation. The Governor General,
Lord Auckland, and young lieutenant Alexander Cunningham conceived indigenous
scheme of misusing the archaeological studies. This young Cunnigham, an army engineer
had no training in the archaeological department, he wrote a lengthy letter dated September
15, 1842 suggesting archeological exploration in India. This letter is reproduced on page no
246 Volume 7 journal of Royal Asiatic Society, London, 1843 A. D. It discloses that the
purpose of archeological exploration in India is neither the study; nor preservation of
historical monuments, but to use archeology as the imperial tool to create mutual dissension
and resentment between Buddhists, Jains and other Hindu with Invaders by falsely crediting
all monuments to the authorship to alien invaders while few may be labeled as that of being
constructed by Buddhist or Jain, but not by Hindus.
45.
That the indo-saranice theory of architecture is the existence of Hindu patrons in
all medieval monuments thus it is necessary that the credit must be given to such Hindu
artists who designed the monuments. It may not be given to medieval cruelty and fanaticism
adopted by chauvinistic Invader invaders. The infidel designs on each and every Invader
mosque and tomb reveals the tolerance of Hindu citizens who were subjected to the cruelty
and terrorism from the last one thousand years. This article does not reflect any animosity
between the different section of the society but this is a description of sum of the thought
provocating a revelation in relations to the blunder committed by the Historian on the
foundation of sacrosanct concepts.
46.
That the pioneer, In English daily newspaper of Lucknow it was observed that “The
Archeological survey of India reports (brought out under Alexander Cunningham) are
feeble, inane and all but useless and the Government has reasons to be ashamed of the
majority of the volume. It appears that Cunningham planted false Invader cenotaphs inside
Hindu building, inserted Koranic over writing on Hindu edifices and sponsored the
fabrication of documents to be given to Invader caretaker for conversion of the Hindu
Building like Taj Mahal, Red fort, Fatehpur Sikri, Sikandara, Etmadudullah built by Hindu
rulers to the Invader monuments. Let us begin with the dubious instance of 230-ft. high
tower called as Qutub Minar to which historian claims to have been built by Qutuubbdin
Aibak from 1206-1210 A.D. The other historian claims that it was built by his son- in- law
and successor Iltmash, while other claim it to be built by Allauddin Khilji. The fourth view
is of Ferozshah Tuglaq, while the fifth view is that all these rulers jointly or severely built
the tower. Everyone knows that there is no basis for the above assertion. But the public
knows the truth by mere seeing the sight of Qutub Minar that the same is having so many
deity and temple adjoining to this monument. The true copy of report published in Hindustan
Times regarding the sign of maker of Taj Mahal published on 6 th July 2004 is filed as
Annexure No. 8 .
47.
That these historians may be impeached for gross dereliction of their duty and
for committing cheating upon the conscience of the public. The truth is not amenable to all
individual as no one could dare to become vigilant enough and to collect true version about
the mediaeval township of Hindu rulers. We therefore caution the world of history not to
place any faith in Anglo-Invader translations of Invader lettering or documents made
hitherto.it is submited that The number of report regarding the authorship of Taj Mahal,
Fatehpur-sikiri published in Amar Ujala on the basis of the reserch condect by its Senior
Sub-Editer Sri Bhanu Pratap Singh Resident of Shastri-puram, Bodala Road, Sinkandra,
Agra shell be produced at the time of arguments.
48.
That the Later Percy Brown, James Ferguson, Sir Kenneth Clarke, Sir Bannister
Fletcher and Encyclopaedia Britannica orchestrated the same cunning tune of Cunnigham.
That resulted in firmly establishing and perpetuating a colossal archaeological fraud which is
being sedulously taught all over the world as profound academic truth and is echoed in
newspaper articles and telecasts for over a century. Cunningham’s suggestion was obviously
highly appreciated. Because when he retired from the army as a Major General he was
straightaway appointed the first archeological surveyor of India in 1861,as director from
1862 to 1865 and as Director General from 1871 to 1885. Thus the historical data based on
archeological study conducted by Cunningham are scheming brain of notorious design
regarding their vagueness and deceptive notions. The archeological survey of India was
dramatically closed from 1861 to 1865 when the two assistant of Cunningham namely J D
Beglar and Carlleyle took over the charge and prepare the list of historical monuments with
fabricated historical records. Consequently persons working around the world as the expert
Invader known as Saracenic architecture in museum became the pseudo experts unwittingly
perpetuating the fraud with the people. T he historical cities were converted to Islam and the
pre Invader edifices built according to the Vedic architecture were vanished from existence.
49.
That the ancient Indian history is remarkable from the time of the epic of Ramayana
and Mahabharata. There are the evidence that their exists the Hindu palaces having the
creation of it by the marble and other precious stone. In the ancient time there was sculpture
based on our ethical and religious concepts. The cultural heritage was in existence in the
form of iron pillars, the mandate of the ruler on copper scripts and the creation of the artistic
image indicating civilization on the different religious temple of the contemporary period.
These were the valuable antiques, which were ruthlessly destructed by the foreign invaders.
The portraits of the ruler and their identification could be seen on the rocks and coins of the
relevant period, which are hidden inside the earth due to the barbaric destruction of our
Hindu heritage. The prominent place of these heritage found are at Mohinjaddeo, Harrapa
(Sind), Takshila (Punjab), Kaushambi, Sarnath, Mathura(Uttar Pradesh), Patilaputra ,
Nalanda(Bihar), Rajgiri , Sanchi, Burhotra (Madhya Bharat),Agadi, Vanvasi, Talkand and
Maski(south).
50.
That there has been number of articles written by foreign visitors/delegates/diplomat
and ambassadors amongst whom Magastahenes from Domiscus (Syria) and Deoneses
(Egypt) are prominent .The descirption of the great ruler Sri Chandragupta Maurya may be
found in the writing of Magasthenes. The Chinese writer Faiyan left the glimpse of
Vikramaditya period thereafter Honchong came to India and remained here for about 15
years who has described the period of Harshvardhan religious and social coordination.
Harshvardhan was the prominent ruler of our nation. At the last we may get some
description from the article of Alavruni who came along with Mohammed Ghaznavi and
examined the traditions of Hindu which are described in (Tahikate hind )
51.
That thus the civilization at Sindh river at Harappa has got the enormous storing
capability of the food articles which were distribute by the Hindu rulers during their
‘Anusthan’ in the different part of our country .The discovery of ‘Godam’ meant for storage
of the grains is still found in Harrapa civilization which has become a part of Pakistan after
th division of our country. It is evident that the people of the contemporary period were
having their expertise in molding the copper pots for storage of the valuable herbal extracts
meant for providing the cure from the ailments. All these cultural heritage of our Hindu
civilization has not been preserved by our archeological department.
52.
That the period of destruction after reaching to the optimum heights after the
propagation of Jain religion and Buddhism, may be relate back from the period of
Ajatshatru, Nand Samrajya when Sikander invaded our country in 267 B.C. at Peshawar. He
fought a battle from King Puru near Jhelum river and due to natural calamity of
unprecedented rains, the elephant could not provide any impact upon aggressors, who were
fully equipped to fight the Guerilla battle. The defeat of King Abhishad in Kashmir was the
beginning of external invasion by the foreign invaders.
53.
That during the Maurya dynasty, the King Chandragupta Maurya, who was
getting instructions from great Chanakya had successfully defeated Celucus but
subsequently he entered with a compromise with Chandragupta Maurya as a result of which
Chandragupta got eastern part of Unan namely aria, archosia, gadrosia and paronishdi.
Chandragupta Maurya subsequently married with the daughter of King of Unan. Thus our
country under the domination of the dynasty of Chandragupta Maurya was extended up to
Unan to Mysore in the south. Thus except Kashmir and Kalinga the boundary our country
was extended upto Afghanistan and Baluchistan. But unfortunately the period of
Chandragupta Maurya could not remain intact. There was the revolt at tatshila which was
suppressed during the reign of Bindusar by great ruler of our nation namely Ashoka the
great. King Ashoka fought a battle with Kalinga and in this manner the dimension of the
area, which was extended upto Baluchistan was further extended from makaram, sindh,
kutch, kyauli, swat ki vally, but Kashmir Nepal and Assam remained in exclusion to the
aforesaid domination.
54.
That subsequently Great King Ashoka became the disciple of Lord Buddha and he
has started expansion to the percepts of the religion by having the affixation of the symbolic
predomination adhered with the aforesaid religion. He constructed the Ashoka pillars from
mono block of a rock. On the top of which, there was the symbolic resemblance of four lion,
while in midst, there was a chakra comprising of 24 arches and the Bull and the elephants
scriptures were carved out in the middle of the single rock, below which, there was the lotus
in the downward directions. The symbolic resemblance of the lotus became a tradition for
construction of the temple. Thus we may find out that wherever the lotus is evident on any
monument with the scripture like the vegetable leafs, grapes, peacock and other religious
offering provided to the deity kept inside the temple.
55.
That the foundations of Invader were based on the concepts of destruction of the
existing values prevalent amongst the Buddha and Hindu religion. Although, it is widely
accepted that prior to the creation of other Religion, every one was himself initially the
follower of Hindu religion. He was initially opposed to existence of other religious
adomination. There was the preaching, that whosoever he might be, he does not follow the
Islam, then, there may be the army of Invader followers, who may terrorise him for
conversion to them. In this process if there may be the use of terrorism by showing of it the
follower of other religion may loose the confrontation in the expansion of Invader
fundamentalist then even they use to profess the aforesaid crusade. Thus after the existence
of such a drastic army of the crusaders, there was no possibility that the other peace loving
religion may still remain in existence. Unfortunately Hindu, Jain, Buddh religion followers
were dependent upon the policy of non-violence, peace and tranquillity and under their
religious philosophy i.e, the entire world is likes a family of the different ideology.
56.
That the beginning of the Invader invasion in our country starting from the time
of Mohammed Bin Quasim in 712 A.D., there was the gruesome murder committed of King
Daher and thereafter his two daughters after outraging their modesty were handed over by
Mohammed Bin Quasim to his uncle namely Abdul Abbass of Oman. However the Invader
ruler after been instigated by the daughters of the King Daher got this Mohammed Bin
Quasim death by putting him alive inside the leather of the cow for invading the chastity of
two girls prior to their offering to Sultan. This was the beginning of destruction of our
cultural heritage by these ruthless invaders. The description of it may be seen in a book
written by R. C. Mazumdar namely the ‘Arab mission of India’.
57.
That Sultan Mohammed Ghaznavi robbed Somenath temple. Ultimately after
invading and defeating the different Rajput rulers for more than seventeen time from the
year of 1000 to 1026 A.D. This man was the follower of Islamic fanatism, who destructed
many temples during his aggression. Abdul Fateh Daud,a Invader ruler of Sultan was so
terrified that he offered his apology to Mohammed Ghaznavi and at the same time Jaypal
who committed the suicide instead of being surrendered before Mohammed Ghaznavi, his
son Anand Pal was also defeated near Peshawar. In the sixth attack committed upon our
nation by Mohammed Ghaznavi. Anand Pal thereafter associate of the King of Ujjain,
Gwalior, kalingar, kannuanj, Delhi and Ajmer, but due to the division in the army ,
Mohammed Ghaznaviu again defeated him and thereafter the he attacked on the Palace of
Nagarkot Kingdom. These invasions started from the year of 1007 upto 1027 A.D. continued
to remain near Sindhsagar Navnandh, Yagesghwar, Barran, Mahram, Mathura, Kalinjar and
ultimately at Katiabad due to disintegrity of the Hindu rulers. Ultimaley Mohhamed
Ghaznavi died on 30th April 1030.
58.
That the journey of Shahabuddin Mohammed Gauri started from 1176 to 1178 for
the victory of Multan and Kutch. He conducted so many attacks with the help of King of
Jammu upto 1186. He entered in Gujrat, but Mool Raj the King of Anhilavada got him
defeated. However in 1191, he conquered Malinga and Shar-Hind, which included the
territory of Delhi. Thus Delhi and Ajmer remained under his domination, while he attacked
at Kannuaj, Chandivada (near Etawah), Gwalior and Vijana. Gayasuddin Mohammed Gauri
died in 1102.
59.
That the reason for the defeat of Rajput rulers was on account of the fact, which
is exhibited by the recital of Turk aggressors that there is the survival of the fittest. There
was no morality in the Hindu army and as such the Invader rulers defeated them. The main
reasons for the defeat were the caste system and idol worships prevalent at the relevant time.
The intellectuals were side tracked and the society was divided into much segmentation in
which Kshatriya only were considered to be the fighting class amongst the Hindus. Hindu
Religion was based on diversity of different caste, Creed, Sects and Multiplicity of Religion
The citizens were having the orthodox feeling and they were very much living under the
domination of superstitions. This was the reason that the Hindus were subjected to the
cruelty by the foreign invaders.
60.
That the Kutubuddin Aibak appointed a Invader governor upon Ajmer. He expanded
the territory of Mohammed Guari to Meerut, Jhansi, Kol, and Runthambor. He converted
many temples into Invader Mosques at Gwalior and Anhilvada. Bakhtiyaruddin Khilji
invaded Bengal at the time of Kutubbuddin. There were many rulers namely Aalathmus,
Razia Sultana, Naseeruddin Mohammed, Tuglaq Khan, and ultimately Jalaluddin Khilji
came to the power. But his real nephew and son-in-law Allauddin Khilji trapped him and
killed as a traitor. He committed the murder of Jallaluddin’s sons namely Aktali khan and
Rukunniddin. This Allauddin after getting his enemy killed became the ruler to control the
governance of the occupied territory. There was the stability in respect of the price of food
grains. The cow was sold at one by third cost of the goat during his period. However
Alluaddin died in the year of 1316 A.D.
61.
That the starting of Gayasuddin Tuglaq and after his death one Mohammed
Tuqlaq who was called as a symbol of many contradictions at the same time he was
intelligent and cruel while on the other hand he was a religious and lunatic but he was called
as unfortunate idealistic who shifted his capital from Delhi to Devgiri at Daulatabad .The
successor of Mahmmaed Tuglaq was Feroz Tuglaq who developed the government farm and
made the invention for the rotation of the crops. He converted many Hindu monuments and
all these monument description is described at Fatauath- e-ferozshahi .The cities were
known as Feroza, Ferozabad, Hissar, Jaunpur and Fatehabad during his time period. He
created a army of the slaves comprising of about one lakh eighty thousand people belonging
to the inhabitant of the same place where he was the conqueror. After the end of Tuglaq
dynasty the Taimur dynasty completely vanished the remains of Tuglaq rluers. However
soon the Taimur dynasty appointed Khijr Khan as there representative who created Syed
regime. It has been said by the great German philosopher Gete that the success and the
defeat are the part of the same coin as the joy and sorrow are reactionary and the unity is
disintegrity are the reflections of the same quality. This was also the reason that after
Mohhamed tuglaq there was the extinction of Invader dynasty and there was the beginning
of Hindu rulers at Vijaynagar.
62.
That the correspondent of BBC, London Times, Derspegel, New York Times
,Washington Post ,Christian Science ,Monitor Times and ‘life’ weekly’s continue to
misrepresent these Hindu Building as that of Invader origin. The freedom of expression
continues to ruthlessly suppress the truth about these historical buildings belonging to the
pre-Invader origin. These Historian have meticulously calculatively kept their readership
ignorant regarding the truth of pre–existing palaces and temple prior to declare them the
building as Invader monuments.
63.
That now our government has provided the restriction for taking even the
photograph of the prominent historical buildings in India under the guise of archeological
department as to maintain the status quo regarding the falsehood created by the historian and
to avoid the alleged animosity between the majority class of the Hindu with the minority
Invader. It has been revealed by Encyclopaedias Islamia that the Arabia itself obliterated all
its past history by destroying image before the foundation of Islam. The origin of Kaba
which is the central shrine is in itself a Hindu temple surrounded by huge shrine consisting
of 360 HIndu images belonging to Indian king Vikarmaaditya who founded them in 58 B.C.
Even the word ‘Allah’ is a Sanskrit word signifies “Mother or goddess“ while mekha
(Makka) in Sanskrit signifies a sacrificial fire of Vedic worship prevalent during the pre
Islamic days. The monuments have not only been destroyed in the peninsula of arvasthan
belonging to King Vikramaditya, which was captured by the Arabian during the Islamic
invasion. The intriguing aspect of regarding the existence of Shivalinga in Kaba shrine in
Mecca is well known as sun-gay aswad that is of black stone. It is still a misfortunate part on
the majority of Hindu Citizens that the income collected from the temples of Karnataka is
distributed to about 80% of its share to the Haze piligrimage, where there is the slaughtering
of the 2500 cows and camale as that of the rituals.
64.
That the poetic composition of pre Islamic Arabian poets kept in famous library called
as Makahtab-e-Sultania in Istambul in turkey contains the biographic details of these pre
Islamic construction while the second part embodies the period beginning just after prohphet
Mohammaed upto the end of Vanee- umaya dynasty resembling the Sanskrit name of
Krishnayya voice. There has been a big signboard few mile away from Mecca banning the
entry of any non Invader in the area. This signboard signifies the period shrine was stormed
and captured by the invader having their faith in Islam. The same position is visualized at
Azmer sharif where there is still the covering over the Shivalinga for which the Islamic
follower are strictly providing the vigilance as it may not be disclosed the existence of the
Temple of Lord Shiva. Thus it be go on searching the different historical facts with the open
eyes we will find that there are ample evidence to deflate the Indo- Saracenic architecture
theory bubble.
65.
That there is thus a valid reason why Hindus are not in a position to produce any
documentary evidence with regard to the Hindu origin of fort. Even then we maintain that if
a systematic archaeological excavation is undertaken inside the fort and if its dingy cellars
and basements are opened and scoured they may still reveal Sanskrit inscriptions and idols
smashed and buried by Invader occupiers. In fact whatever little and excavation has been
made has resulted in the recovery of horse and elephant statues. Yet taking things as they
stand any court of law will uphold the plea that Hindus have a valid reason for not being able
to produce any documentary proof.
66.
That the Hon’ble court will then ask the Anglo-Invader school to produce its
documents. That school too has not got even a shred of a document to prove that any one or
more Invader rulers built or rebuilt the fort. A hazy mention to that effect in a court
flatterer’s chronicler is no documentary proof. It is like you or we noting in our diaries that
we built the Houses of Parliament in London.
67.
That the Apex court held in Ram Sharan Autyanuprasi’s case 1989 (Supp.) (1)
SCC 251/AIR 1989 S. C. 549, that men’s life is inclusive of his tradition, culture and
heritage and protection of that heritage in its full measure would certainly come within the
encompass of an expanded concept of Article 21 of the Constitution. It is the life- mission of
the petitioner to re-establish the truth with regard to the National and Important monuments
having heritage of Indian culture and values of Indian life.
68.
That as per the discovery of the author Sri P. N. Oak, (contrary to the assertions by
the Aechiological Survey of India, in short ASI), the Taj Mahal is Tejomahalaya, a Shiva
Temple raised (500 years before Sahahjahana became the Mogul ruler) by Raja Paramar
Dev’s Chief Minister, Salakshan, as per the Bateswar inscription stocked in the Lucknow
Museum.
69.
That during the turbulent time of Invader invasions from 712 A. D. to 1761 A. D., the
edifice was raided plundered and desecrated a number of times. Ultimately it passed into the
hands of Raja Man Singh of Jaipur, who was a contemporary of the third generation Mogul
Emperor, Akbar. Man Singh’s grand son, Jai Singh was the ruler of Jaipur, when Akbar’s
grand son, Shahjahan ruled in Agra and Delhi.
70.
That consequently, Shahjahan’s own Court Chronicler, the ‘Badshnama’, written by his
own paid Court Chronicler, Mulla Abdul Hamid Lahori, emphatically mentions (on page
403 of vol. I, now kept in National Archives, New Delhi) that “ The mansion knows as Raja
Man Singh’s Manzil, at present owned by his grandson Jai Singh was selected for the burial
of Mumtaz and she was buried in it. The edifice kept with a dome is a spectacular wonder
monument.” The true copy of the admission in Shahjahan’s own Badshnama, the original
persion script and its english translation publish in book written by Sri P. N. Oak i,e, Taj
Mahal is a Temple Palace which is also kept with the National Archives, New Delhi, is made
Annexure –9 and 10 (The transcription of the Persian passages in Roman script and the
corresponding English translation, of relevant pages only, which are record in chapter 2 of
the said book.)
71.
That another contemporary document is Prince Aurangazab’s letter to his father,
emperor Shahjahana dtd. July-August 1652 A. D. pointing out how that “Illustrious
mausoleum complex being very ancient had cracks and leaks at several places needed
extensive repairs”. Prince Aurangazab’s letter (quoted above) reporting that the tombcomplex being very ancient had cracks and leaks in 1652 A. D. itself gives a lie to the ASI’s
notices declaring that the Taj Mahal stood brand new 1652 A. D. The true copy of the
Prince Aurangazab’s letter written in Persian Language to his father, emperor Shahjahana
dtd. July-August 1652 A. D. and english translation are marked as Annexure-11 and 12(The
transcription of the Persian passages in Roman script and the corresponding English
translation, of relevant pages only, which are record in chapter 2 of the said book.)
72.
That besides the above two Invader Court records of Shahjahan’s time, the said
book of the author which runs into 360 pages with 86 photos and photocopies of above two
Invader documents another booklet titled The Taj Mahal is Tejomahalaya. A Siva Temple
presents 118 points of documentary as well as circumstantial photographic and other historic
evidences. Apart from the historical and documentary evidence, if there are some practical
considerations. Since it is claimed that Shahjahan’s great infatuation for Mumtaz impelled
him to raise a wonder edifice over her corpse the obvious cross-question would be? -
Shahjahan’s exclusive infatuation for Mumtaz is belied by the existence of his harem
consisting over than 5000 women mentioned in authentic history books.
73.
That another question would be that if Shahjahan loved Mumtaz so deeply what
explains the total absence of any book of Shahjahan-Mumtaz love stories unlike LailaMaznu, Romio-Juliet romances? The fact is that Mumtaz was buried at Burhanpur, a place
600 miles south of Agra. After 6 months the corpse is stated to have been lifted from there
and re-buried in the Taj Mahal temple palace. The true copy of the documentary proof in
support thereof forming part of the research work on Taj Mahal identity and authorship
based on evidence having direct proof of its authorshipwritten by Sri P.N. Oak having the
discription of different monuments regarding their authorship is filed as Annexure 13, 14
and 15.
74.
That the truth hidden inside the four story building known as Taj Mahal is full of
mysterious circumstances as no where in the world. There may be the fourth floor of the
graveyards of Mumtaj and Sahajahan on the third and fourth floor of the alleged Muslim
monuments. Actually, even the archeological department, while diging the adjoining place
ment for Goushala, has found the crown of the deity worship by Hindus during pre-mughal
period, but in order to avoid the further repercussion resulting in to animosity by the Muslim
fundamentalist, this fact has been subsided again inside the earth. There has been the
existence of castle surrounding the building, which can not be there, except inside the palace
ment for the Rajputana Rulers. Since the entire treasury was given as endowment trust
beneath the foundation of the temple and Lord Shiva being the God of resembling to the
sovereignty of the judicial institution, was considered to have the over all superintendence of
the expenditure incurred by the rulers and as such the ingress and outgoes to the treasury was
at the door step below the feet of the temple. Thus while the upper story constructed through
the marble stone on the third and fourth floor was comprising of the temple of Lord Shiva,
just beneath the aforesaid temple where the visitors are allowed to reach there through the
taress, was actually the treasury chamber of Rajputana style living of Hindu Rulers.
75.
That Ex- Maharaja of Jaipur has Kapad Dwara collection bearing Two orders
(FARMANS) from Sahajahan dated Dec.18, 1633 (bearing morden Numbers R.176 and
177) having the requisitioning the Tejo- Mahallyan Building from Raja Jai Singh through
blatant reward to him for fighting against Maharan Pratap Singh ,Mewar ruler by his father
and thereby got the usurpation of this Building. Subsequently Rajasthan State archives at
Bikaner preserves three Farmans address by Sahajahan to Raja Jai Singh to supply the
Marble used for Koranic Grafts from his Markana Querries, and also the Stone cutter. The
cost of the scaffolding was more than that of the cost of entire work. These farmans were
issued after about two years of death of Mumtaz, who was buried at Burhanpur, a place 600
miles south of Agra. After 6 months the corpse is stated to have been lifted and there after
these Farmans were issued from there and re-buried in the Taj Mahal temple palace. The
grafting Koranic superimposition lettering in the Taj- mahal is of inferior quality and is pale
white shade while rest of the existing building was of rich yellow tint.
76.
That even the rulers were guided by their Raj Guru living inside the forest meant for
providing education to princes, before admonition of the power of the sovereignty in their
hand. Thus every Hindu ruler was God fearing person and he was regarding the Brahmins
superior on the intellectual and other sacrosanct functions. Thus the existence of the symbol
like Swastik, Stars, Hooklikemark, triangle, Damru shape mark, Flowers, Intersecting,
Triangles, Trident, Three Cojoined Fish, Ball with S-Shaped inside, Four Square, Fish,
Goad, Arrow, Axe, Geomatrical Flowers and the character written in Dev Nagri arrenged in
the order of frequency are the evidence available in support of the argument to the extend.
The southest corner of the Taj –Mahal corner of the Taj garden has an ancient royal- cattle
house, from where the AMLAKH- THE TOP GOLDEN COVERAGE TO THE DIETY has
been discovered to the supreintendent of archeaological dept. at Agra, but the matter has
again subsided under the instruction of the present Govt. officials. Even a cowshed is an
incongruity in an islamic tomb.
77.
That the Taj Mahal is a temple/palace of Kshatriya /Rajputana Rulers and was
built by some Jat courtier in 1155 A.D.. Lord Shiva is known as Tejo Ji by Jats still in the
western Utter Pradesh, which is resemble the nomenclature of Tejo Mahal converted in to
Taj Mahal by the efflux of time. The Bateshwar inscription originally installed in Taj
Gardens( currently preserved on the top floor in Lucknow Museum) refers to 1155 AD
costruction of Tejo- Mahalaya the raising of a “ CRYSTAL- WHITE SHIVA TEMPLE SO
ALLURING THAT LORD SHIVA ONCE ENSHRINED IN IT DECIDED NEVER TO
RETURN TO MOUNT KAILASH PARVAT- HIS USUAL ABODE”. The eaight
directional shafts in a small central circle surrounded by other circles respectively are
depicting 16 Cobras, 32 tridents and 64 lotus buds. All these motifs in multiples of 8 are of
vedic significances. Cobras , Lotuses and tridents are always associated with LORD SHIVA
TEMPLE.
78.
That this tempering by Sahajahan may be in the report of Archaeogical Survey
Of India Vol. IV pages 216-217 (published in 1874), stating that a “great square black
basaltic pillar which, with the base and capital of another similar pillar”. In 1959- 1962,
when sri S.R.Roa was the Archaeological Superintendent in Agra, there was a deep crack in
the wall of the central Octagonal chamber of Taj Mahal. There were two or three marble
Hindu idols discovered but the matter was hushed up and the images were reburied and
embedded at the behest of govt..In the garden in 1973, another set of fountains were found
about six feet below the present fountains.
79.
That an Englishman, Thomas Twining, records (page 191 of his book (Travels
in India- a Hundred years Ago)that in november 1794 “I arrived at the high walls which
encloses the Taj Mahal and its circumjacent buildins--. Ihave got out of the palanquine and -- mounted a short flight of steps leading to a beautiful portal which formed the centre of this
side of the court of Elephants as the great area was called at that time. Where are these
missing Elephants standing outside the Hindu Palaces buildings. These are burried in side
the surface of this great Shiva Temple.
80.
That the octagonal shape of the taj Mahal has a special Hindu significance. Hindu
alone have special names for the eaight directions, and celestial guards assigned to them.
The Taj Mahal has a trident pinnacle over the dome. The central shaft of the trident depicts
a Kalash (sacred pot) holding two bent mango leaves and the coconut. This is a scred Hindu
motif. Identical pinnacals may be seen over Hindu And Buddhist temples over the
Himalayan region.
81.
That during the investigation conducted by the different journalists of daily news
papers “Amar Ujala” at Agra, as they have conducted the survey in which below the Red
stone building, there has been the stairs for taking the dip inside the holly Yamuna river as
per the Hindu tradition to offer the water to the rising sun rising from the eastern side of the
palace. These stairs are hidden inside the earth. The place was known as Dashhera and Basai
bathing Ghat for the pilgrimage coming for paying their respects to Lord Shiva, whose idol
was visible to the common men, even from outside the palace. The building proposed by
Rajputana Rulers to be constructed in black stones opposite to the Taj Mahal was also an
efforts to provide a glimpse of the temple of Lord Shiva to the common men, which could
have been seen also from the glass projecting Taj Mahal on the upper story.
82.
That neither Shahjahan nor Mumtaz could have been buried here because this
chamber is on the 4th floor above the river surface. Corpses are invariably buried in motherearth and never on stone floors. Consequently this so-called Mumtaz’s cenotaph in this
central octagonal chamber either covers the sacred Hindu (Vedic) Shivling itself or the
sacred spot from which the Shivling was uprooted. Shahjahan and Mumtaz must be fake.
Why should there be even one pair of fake cenotaph? And since one pair of cenotaphs is
fake the crucial question is which is the fake one. The one in the lower chamber or upper
chamber? Or does each floor contain one fake and the genuine cenotaph alternating between
Shahjahan and Mumtaz?
83.
That all doors which have been found more than 800 years old through the
carbon-dating process, which have now been closed without any cogent reasons. After
conducting the research for many years has disclosed that these doors were closed on 8th
February 1964. The true copy of the report regarding carbon-14 dating of these wooden
doors having the details of 800 years old is filed herewith as Annexure No. 16 .
84.
That search was made after reading the abstract of the book written by Mr. P.N.
Oak. To the greater astonishment, when these students asked the query from some officer of
archaeological department, as to whether the three tunnels lying beneath the structure of Red
Fort, Agra are also connected with Taj Mahal below the ground floor of the structure
constructed in red stone. It was found that on the second Ground storey beneath surface of
the red building below the Taj Mahal, there are the sculpture carved out having the statute of
Lord Ganesh, and that of the other prominent God worshiped by the Hindus, but they have
been completely closed in derogation to the right conferred to the citizens. Actually from
inside the tunnels, an army having four horse ridden soldiers in the row can pass through
these tunnels from Agra Red Fort even to Fateh pur Sikri, Taj Mahal and some of the
historian claims that since at the site of Jama Masjid Agra, since there were the great palaces
in existence, prior to the pre-Mughal period, the ingress and outgoes of the soldier entering
from Red Fort, Agra was up to these palatial building comprising of the temple inside Jama
Masjid, Agra , Etmaudaulla and other historical places at Agra. The existence of three
tunnels inside Red Fort Agra is a truth as that of the broad day light, which is situated
beneath Baradari, where the execution of the death sentence by chopping the head of the
culprit was done by the Mughal rulers.
85.
That this has got atleast more than 280-step downward from there. Actually,
while entering inside Red Fort , Agra one has to ride atleast about 50 meters above to the
ground situated near Yamuna river but since the surrounding having the coverage by the
ditch and by crossing the same one could get entrance inside the main building as such the
existence of the tunnels must be beneath the earth level and since Etmaudollah is situated
across the Yamuna river, while Sikandara and Fatehpur Sikri are at a very long distance and
as such these three tunnels firstly reaches to Jama Masjid Agra , one to Taj Mahal but the
existence of the third tunnels, appears to adjoining to the road, Which is said to have been
built by Sher Shah Suri, while it was ever- remain in existence from the time, of these
building constructed prior to the pre-Mughal invaders aggression to our country by the
Hindu contemporary rulers of the relevant time.
86.
That the contribution in the monuments known as Taj Mahal by these invaders is only
to the extend of construction of only four Meenars, the script of Quran and closing of the
door way of main apartment from where the public may offer their gratitude to the
constructed building known as Taj Mahal having the deity of Lord Shiva (Shiv-lingi), Nandi,
Ganeshjee, and Parvatiji. Where are the remains of the maker of these buildings . The
spectator of the pathetic situation resulting in the terrorist attack on the these cultural
Haritage belonging to Hindu citizens, who were settled in this country and were comprising
of the people coming from Purtagal, Spain, Partia, Saiberia, and other Scavandians country
of the Eourope, China, Russia. The news report Annexed here- in- after all are the glaring
example of the atrocities committed with the truth by the present ruling political setup,
which is no other than the British system based upon the theory upon “Divide and Rule” in
our Country.
87.
That the Central Government has provided the grant of forty million of Rupees
to archaeological department for renovation of the ancient structure. It has been revealed that
there has been number of the gates with the flank opening from the red stone structure
building below the marble monument of Taj Mahal. The bricks have been affixed to close
these doors, but these bricks do not appears to have been manufactured inside the brick clin
in the ancient time. Then who have closed these doors which could have been used by the
rulers either for entering inside the palace or for appearing to Yamuna River. Who are these
fundamentalists behind such racket as the falsehood may not be exposed regarding the
authorship of the monuments alleged to have been constructed by Shahajahan. Ex Vice
Chancellor Prof. Agam Prasad Mathur, the great Historian another Ex Vice- Chancellor of
Gorakhpur university Prof. Dr.Pramila Asthana have express their concern regarding the
closer of these gates by the brick work. If the impact is provided upon the red stone, then it
is revealed regarding the empty wall. Number of the people residing in the same vicinity,
who have seen the shooting of the film LEADER at Taj Mahal, in which Dilip Kumar And
Vaijanti Mala have participating the role of Actor and Actress, have seen these internal
portion of building of taj Mahal. There has been 14 rooms constructed inside there, which
were the living apartment of the rulers. The entire building of Taj Mahal is eight dimention
constructed comprising of four storeys building in the first floor and there has been 22 rooms
on the ground floor. There has been multi-story “Kuayan”(Deep Well) available from all the
building for availability of drinking water through the rope carrying the buckets. Towards
the northern side, there is the existence of ventilators from where one may look towards
Yamuna River.
88.
That Fatehpur Sikri may actually be declared as the “HERITAGE CITY” in the due
course of time. There has been the existence of 2200 years old the ancient broken statue of
YAKSHA at Chrima-Shahpur. There has been the existence of 3 feet long SHIV-LINGI ,
while at Sikri in village Imlabda, the old statue of Lord Vishnu more than 1100 years old has
been found after excavation. There has been number of the statue recovered, which are
belonging to the period of the expansion of the Jain religion. There has been the existence of
Jain temple. Near the Tank reservoir of the water, which was considered to be the big lake
on the gateway of Fatehpur-Sikiri. There is still the existence of Triran and Amlaka, which
indicates that there was hundred feet height temple. The broken statute of Lord Shiva having
GALE KI KANTHI, BAIJANTI MALA, SRI VATSA MARK ON THE CHEST AND
YAGYAPABIT may be still seen , while the head, hands and the portion below the chest has
been broken by the invaders. These all facts coupled together may convey the irrevocable
conclusion regarding the existence of the monuments of Fatehpur Sikri and associated
building prior to the Mughal period, which were ruthlessly broken by the invaders of the
cultural heritage just to propagate and expend their religion and by conversion of the weaker
class of Hindu Citizens.
89.
That the great Archaeologist Shri Dharam Veer Sharma, then Superintendent of the
archaeological Department at Agra has define the meaning of these antique for re writing the
Indian history on the basis of all these circumstantial evidence, as the entire world may
become conversant, that these monuments were not been constructed by these invaders to
our ancient spiritual heritage but the existence of Fatehpur Sikri is much prior to the period
of the mughal emperors. Tuksal, Deewane-Aam, AnoopTalab, which may find place in the
book written by E.W. Smith, the great English Historian visiting Fatehpur Sikri in 1896 and
1898 A.D.. Actually Tuksal is the castle meant for the horse captivity, which has got the
capability of drinking water and the system of drainage, sewage may be seen to some remote
place through these Drainage.
90.
That the Water supply system is unique at Fatehpur Sikri. Actually, the lakes, which
have the accumulation of water storage, were expanded in an area comprising of more than
25 square mile, but by the passage of time, this was extinguished purposely as to abrogate
the existence of great scientific way of living style by the Hindu Rulers to the inhabitant at
the relevant period of Rajputana Rulers. The existence of the ancient building may also be
seen in the different faces. There has been a conspiracy hatched by the followers of a
particulars dynasty, who invaded our country to get the extinction of all such evidence,
which may be helpful for the exposure of the truth as the foundation of the invaders are
based on the false hood.
91.
That it has been disclosed during the High level Committee Meeting at Paris
during the convention of United Nation Education Science and Cultural Organisation
(UNESCO) that near Anoop Talab (Pond), there has been the ancient palatial building and
the ancient cultural activities remain in existence prior to the period of invasion by the
Mughal invaders. The historian have related them back to the existence of all such palatial
building during the period of Sikarwar, Rajput, which find support by the research were
conducted Prof. Ram Nathan historian of Rajasthan University, Jaipur and also by Dr.
Prathima Asthana Ex Vice Chancellor of Gorakhpur University.
92.
That it has been stated that then Central Education Minister Nural Husan had
stoped the excavation work conducted by Aligarh Muslim University at Fatehpur Sikri,
when the broken statute were found hidden behind the earth. Prof. Agam Prasad Mathur the
Ex. vice Chancellor and the Historian of Agra University has disclosed that Agra was the
helmet, while Mathura was the real State prior to Mughal invasion. This fact may be taken
with the angle that Agra was the city surrounded by Shiva Temple of pre Mughal dynasty
period at Taj Mahal. All these facts are fully supported with the circumstantial evidence as
well as by the research work conducted by the great historian of post independence period.
The existence of Hanuman Temple may be seen at Kagarol near the well, while Chamunda
temple may remain in existence at Sultan Garhi, from where Amlak used in Kalash of the
temple has been discovered by the excavator. There has been a lot of wealth hidden beneath
the surface of the Kagarol near Fatehpur Sikri, which has been usurp by some greedy local
people constructing their residence, while digging the plinth inside the surface. However the
recovery of the antique and broken portion of the deity and the existence of the different
religious monuments are in itself a proof regarding the great heritage. The existence of
Fatehpur Sikri is on account of a long period consistent efforts by the different sculpture and
name of the Sikri was Sacrikya, which was the place of inhibition of Jain religion philosophy
by its follower during 1000 A.D. There has been number of the broken statue of Pasarva
Nath at Veer Chhabila on the working style of Chatya Basi procedure. The sculpture found
there also relates the expesion of Jain Swetambar from Sikri to Bharatpur, much more prior
to the period of Akbar. At Bilaspur number of the statue indicating the ancient culture of
Rajput ruler, while at village Sakalpur on Agra Jalesar Road, there has been the remains old
Vishnu deity, where Hindu are still worshipping their religious God. The Shiva Lingi has
been installed at village Sakalpur, which has been inspected by the officers of Archeological
Department. All these things may required the investigation by same of the agency and
direction for the exposure of the truth my be issued to the Aercheological Department by this
Hon’ble Court.
93.
That due to Superstition and the Orthodox tradition prevalent in Hindu religion, all
such more than 47 countries of the world, which remained under the domination and
expansion of Mughal period and the British period, their character assassination was the
main reason of the conquest upon these nations. If any religion is not capable to expose the
falsehood, it will perish. It may be deemed that the followers of the Hindu religion are still
living under the period of slavery. The invaders of any country were never the builders of
the monuments. The main objective hidden behind such invasion was to snatch the wealth of
the people and thereafter convert them to their own religion. These people, who were taken
from these countries were sold in the market of slavery just to rule upon them by destroying
their cultural heritage and thereby eroding the very foundation, on the basis of the existence
of Hindu religion is dependent. If we are still unable to expose the falsehood, the existence
of the religion of the majority of citizen is at stake. It is the question of saving our future
generation.
94.
That no individual can tolerate the bondage of the slavery, than how does it
become possible to get them the acceptance of the falsehood. The exposure of the truth is not
only beneficial for the growth of the country and to encourage the like citizen to provide
further contribution to construct the still greater palatial structure like Taj Mahal, Fatehpur
Sikri, Red Fort, Jama Masjid by the followers of the Hindu religion. The construction of the
temple at Dayalbagh at Agra and J. K. Temple at Kanpur are the glaring example of the
traditions of Hindu Culture. Till these monuments will be deemed to have been constructed
by these invaders who are now declared as the bitter critics of the Hindu Ideology of the
humanity, no Hindu citizens can claim, that he is living in independent Nation.
95.
That now the question arises, that if Hindu invites the animosity of the minority by
the exposure of the truth regarding the construction of these monuments by Hindu Rulers,
weather such Hindu citizens are really providing any contribution to their on existence or to
the existence of the followers of these invaders. There is no repudiation of the truth as a
single day- light may shallow the darkness by exposure of the brightness for harmonious
way of living. In case, one may feel offended by the exposure of the truth, then there shall be
the complete dis-association in the activity of these fundamentalists. The apathy is the
answer of every problem. If we start isolating these invaders in the general esteem of the
business of these fundamentalist citizens, they themselves become followers of the truth.
Thus instead of providing any discouragement to these pious activities, every citizens, who
has got the responsibility for deep rooted integration of nation based upon our cultural
heritage, every patriotic citizens may be raising their voice against the modesty of their
religion by exposing aggressive trend of invaders, which ware based on the atrocities
committed by them.
96.
That 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 Invader
sultans earlier. In fact it is also pointed out that not a single building of Akbar’s time exists
in the fort. 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.
97.
That the meticulous inquiry into the matter through the coherent and authentic
account .The exposure of the falsehood is always reconcilable with the historical event and
thus the burden of proof is always lying upon the individual denying the existing facts. The
onus will be shifted upon the authority when inconsistent anomalous and contradictory
versions about the origin of Taj Mahal may be scientifically tested upon the yardstick of the
truth. Let us begin with Badshahnama, a Shahjahan’s chronicle which discloses that the cost
of scaffolding exceeded that of the entire work done regarding Mausoleun. Mr Narul Hasan
Siddiqui books that a Hindu Palace was commandeered to bury Mumtaz in which
Shahjahan’s fifth generation ancestor Barbar lived in Tejo Mahalaya. All these facts are to
be examined through the scientific methods in order to expose the false propaganda that the
Mogul invaders have not given any contribution for building the monuments. We may
further examine that the mythical indo Saracen architecture medieval mosques and tombs in
India were built or conquered and misused by the invaders the number of such monuments
may include Mohammed Ghaus ‘s tomb in Gwalior, Salim Chisti mausoleun in Ftahepur
Sikri, Nizzamuddin Kabar in Delhi, Moinuddin Chisti’s Makbara in Ajmer, Red fort
Shicundera Etamatudaula at Agra, Jama Masjid, Red fort Delhi, Kutub Minar in Delhi and
Sufdarjung. The disputed site of Lord Krishna temple Mathura and Vishwanath Temple at
Varanasi may also be examined not only to resolve the controversy but also to curve out the
animosity among the citizen in India on the ground of the religion.
98.
That the extract of Badshahnama may be examined after getting them translated form
Persian passage in the English rendering. On page number 403 of Badshahnama it is
admitted in verse 26 to 33 that Huzurat Mumtazul Zamani whose sacred dead body was
buried in Burhanpur in a garden was brought from 600 miles after six months and
transported to Agra(Akbarabad). In the south of the great city there was a palace of Raja
Maan Singh which was owned by Raja Jay Singh known as Tejo Mahalaya (The temple of
Lord Shiva /Teji ji) And this place was selected burial of the Queen for which the great
ancestral heritage, religious sanctity was associated with Raja Jai Singh who was
compensated by offering the government land. Thus a palace was converted in a dome,
handy readymade Mausoleum. The authority of Badshahnama is the first proof regarding the
existence of the temple at the time when Huzurat Mumtazul Zamani was buried. The similar
treatment were given to the different Hindu palaces and temples by converting them at as
Mausoleum of Akbar at Shicandara and Humayun in Delhi and the Vishnu temple to Kutub
Minar by overbearing Invader fanatic potentate specially when these monuments were
constructed by Hindu Rulers.
99.
That 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-Invader 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. The true
copy of the particulars of the different monuments regarding their false identity in respect of
authorship attributed upon them as disclosed in the scholarly research Articles Contained in
the Books Written by Shri P. N. Oak are filed herewith as marked as Annexure-No. 17
100.
That we therefore advise all students of history never to take for granted the
translation of Invader 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 Invader 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-Invaders. In fact it would be very educative to have an
encyclopaedia for all Invader 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.
101.
That once the hurdle of a false Invader 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 Invader 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 Invaders? It goes against all history and tradition.
102.
That despite several centuries of Invader occupation and canards of
Invader authorship all the fort’s Hindu associations are intact. This is something remarkable.
The two thousands 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. The lack of
any coherence in the dates of starting the fort construction and its completion is proof of the
fact that the world has been buffed about the Invader origin of the fort.
103.
That Invader 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, and usurpers. 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.
104.
That one great tragedy of Indian history has been that while Indians remained
subdued and gagged under alien domination for over a millenium foreigners who wielded all
power in India played great havoc with Indian history merrily destroying or distorting it at
will either out of sheer cunning and cussedness or through their colossal ignorance and
wanton barbarism.
105. That In that process all mediaeval buildings which came under long Invader occupation
came to be misused as tombs or mosques. And in course of time, thanks to alien chauvinism,
court flattery and fanatic cunning, all ancient Hindu townships and building got ascribed to
Invader authorship. Thus with astounding historical naivete Ahmedabad was, by its sheer
name, assumed to have been founded by Ahmedshah, Tughlaqabad by Tughlaq Shah and
Ferozabad by Ferozshah.
106.
That If one is to be guided by such puerile logic and shallow historical
scholarship then one will have to conclude that the city of Allahabad in the state of Uttar
Pradesh must have been founded by the Invader God Allah himself. This is with regard to
mediaeval townships. But even for mediaeval buildings the same nonchalant, nondescript
method is followed. Thus it is blatantly stated that if a building is known as Salimgarh it
must have been built by or for Sheikh Salim Chisti (emperor Akbar’s fancied spiritual
preceptor) or Prince Salim (Akbar’s heir apparent)or some other Salim. Likewise if a
building is called Jahangiri Mahal it is, by that very token insisted that it must have been
built by Prince Salim after ascending the throne as Jahangir. Such superficial derivations and
conclusions about authorship make nonsense of all historical research methodology.
107.
That During nearly 1100 years of alien rule in India most of her history has been
distorted or destroyed. All massive, majestic and alluring historic Hindu constructions in
India, from Kashmir to Cape Comorin ,have got ascribed to alien Invader invaders such as
Turks, Afghans,Iranians ,Arabs, Abyssinians
and Moguls out of sheer usurpation
or
conquest. Such misappropriated constructions include forts, palaces, mansions, sera’s, roads,
bridges, wells, canals and even road- side mile-pillars. Misuse of a colossal number of Hindu
temples, palaces and mansions as tombs and mosque for several centuries has misled many
generations of the publics, tourists, students and scholars of history all over the world into
believing that those buildings were originally commissioned by the Invaders.
108.
That the intelligentsia of Hindusthan has been somewhat slow in assimilating that
finding is a measure of the havoc that history causes in the minds of a subject people by
making it impervious even to logic and legal proof. While warrior -patriots like Rana Pratap
and the great Chhatrapati Shivaji spill their purple blood to emancipate the land and its
people should it not be the patriotic duty of historians to spill at least some blue-black ink for
an academic re-conquest of occupied buildings falsely ascribed to alien conquerors?
109.
That there was E. B. Havell, a great architect, and one endowed with deep
insight. Havell has debunked the claim that the Taj Mahal is the product of any non-Hindu
architectural style. In discussing the architecture of the Taj Mahal and the claim of some
historians that an Italian named Veroneo may have been its designer, Mr. Kanwar Lal quotes
Mr.Havell thus: “So if Veroneo was so deeply versed in Indian craft tradition that he could
design a lotus dome after the rules laid down in the Shilpa Shastras, the dome itself, built by
Asiatic craftsmen would not have been his. The dome of Taj at Agra and the dome of
Ibrahim’s tomb (in Bijapur) both are constructed on the same principles. They are nearly of
the same dimensions, and a fact unnoticed by Fergusson and his followers, the contours of
both correspond exactly, except that the lotus crown of the Taj at Agra tapers more finely
and the lotus petals at the springing of the dome are inlaid instead of being sculptured. The
Taj Mahal is, infact, exactly such a building as one would expect to be created in India …by
a group of master builders inheriting the traditions of Buddhist and Hindu buildings. The
plan which consists of a central dome chamber surrounded by four small domed chambers,
follows the plan of an Indian pancharatna, or “five jewelled” temple. Its prototype as have
shown elsewhere is found in the Buddhist temple of Chandi Sewa in Java and in the
sculptured stupa shrines of Ajanta. Neither Shahjahan nor his court builders, much less an
obscure Italian adventurer can claim the whole merit of its achievements.
110.
That now as such, Mr.Havell in his assertion is very clear that the Taj Mahal is
built in the ancient Indian, Hindu style and none of Shahjahan’s contemporaries could design
or conceive of it. We regret that Mr. Havell was unaware of the admission in Shahjahan’s
own official chronicle, The Badshahnama, that the Taj Mahal is an ancient Hindu mansion.
Had that confession come to light in his time he would have rejoiced to find his architectural
conclusion fully corroborated by history, and he would then have been acknowledged as an
authority on Indian architecture far superior to Percy Brown or Fergusson.
111.
That Like all other so called Invader tombs i.e. Hindu buildings used by them first
as residences and later as burial places the Taj Mahal too is not a single tomb but an ancient
Hindu mansion reduced to an Islamic burial ground. Besides Mumtaz, Shahjahan himself
lies buried by her side. But that is not all. There are two other graves in the same precincts.
112.
That Mr Kanwar lal (P. 69 The Taj by Kanwar Lal, ibid.) observes. “At the
other end of the Jilokhana, towards the east there are again two buildings These are the
tombs of Satunnisa (Khanam) who was a favourite attendant of Mumtaz Mahal and who was
entrusted with the task of looking after the temporary tomb of Mumtaz Mahal at Burhanpur.
Similar is the tomb of Sarhandi Begum, another of Shahjahan’s queens. The two structures
are built exactly the alike.”
113.
That the Satunnisa Khanam’s tomb consists of a high octagonal plinth,
round a central octagonal mortuary chamber. That Taj is based on good authority, but the
special assignment to her of this particular tomb has no better foundation than popular belief.
That shows that like every other detail about the Taj Mahal legend even the Satunissa
Khanam tomb is a concoction. All such tomb like mounds were erected in usurped Hindu
mansions so that Hindus may not reclaim and re use those buildings. The Invaders knew of
the Hindu weakness of not disturbing or reclaiming sepulchral sites. So, erecting false
oblong grave like mounds was like posting a strong military contingent or planting a
scarecrow, which cost practically nothing. It was a simple device a strategic totem to claim
Hindu buildings for Islam and it worked admirably.
114.
That It is sometimes innocently asked by history teachers that if the Taj
Mahal had existed centuries before Shahjahan, how is it there are no earlier references to it.
There are three answer to the question. Firstly, the Taj Mahal being then the palace and not
the monument open for public inspection as it now is, used to be closely guarded. It was
accessible only to the elite and then only on invitation or conquest. As such one cannot
except the same prolific references to it as a tourist attraction that one comes across in these
days of publicity and modern communications. The second answer is that ancient and
mediaeval India teemed with mansions, palaces and temples of bewildering and bewitching
variety, so much so that being all very spectacular, one could not be distinguished from
another by mere description. Despite such very good reasons for not expecting any
identifiable details in earlier records of what is at present known as Taj Mahal, luckily,
Babur, the founder of the Mogul dynasty in India, who was the great great grandfather of
emperor Shahjahan, has left us a disarming and unmistakable description of the Taj Mahal, if
only we have the inclination and insight to grasp it. So our third answer to the question why
no mention is found in earlier chronicles of the Taj Mahal and other buildings is that though
many a time there is a clear mention of such buildings, our senses benumbed by traditional
tutoring fail to grasp their significance. Such is the case with the Taj Mahal.
115.
That the rampant corruption was prevalent during the Mogul time and there
were large percentage of unauthorized profits of innumerable middle men thus there was no
money to raise a cenotaph in the ground floor in octagonal chamber by covering them with
costly mosaic stones to match with the palace flooring and barricading the hundred of
rooms, ventilators staircases, doorways, balconies and corridor. There exist a seven-storey
marble Tejo Mahalaya Hindu temple palace complex. The seven storey massive girth in its
lofty gateways and arches necessitates the removal of stone pitching and as such
Badshahnama discloses the expenditure incurred in scaffolding of these Hindu complexes
and in engraving the Koran on the walls of edifice. The great French merchant visitor
tavernier testimony too fully corroborates the aforesaid conclusion. Let us examine his
testimony introduce in Maharashtreeya Jnyankosh. “Jean Baptiste Tavernier, a French
jeweler, toured India for trade between 1641 and 1668 A.D. His travel account is mainly
devoted to commerce. He used to sojourn at Surat and Agra (while in India). He visited all
parts of India, including Bengal, Gujrat, Punjab, Madras, Karnatak, etc. He owned a vehicle
.He had to spend Rs. 600 for the cart and pair of bullocks. ‘The bullocks used to cover 40
miles a day for two months at a stretch. Four days were enough for the journey from Surat to
Agra or Golcunda and the expense used to be between Rs. 40 and Rs.50. The roads were as
good as Roman highways. European traveler’s felt inconvenienced in Hindu territories for
want of meat, which was freely available in Invader dominions. A good postal system was in
vogue. Both the town –folk and the government used to provide protection against highway
robbery’…is the kind of information Travernier has recorded (in his book titled Travels in
India). Not being learned, he has not recorded much except where wealth and commerce was
concerned.
116.
That the other important piece of evidence arises from some chance digging
conducted in the Garden in front of the marble edifice early in the year 1973 A.D. It so
happened that the fountains developed some defect .It was therefore thought advisable to
inspect the main pipe that lay imbedded underneath. When the ground was dug to that level
some hollows were noticed going down to another five feet. Therefore the ground was dug
to that depth. And to the utter surprise of all there lay at that depth another set of fountains
hitherto unknown. What appeared more significant was that those fountains are aligned to
the Taj Mahal, decisively indicating that the present building existed even before Shahjahan.
Those hidden fountains could have been installed neither by Shahjahan not his successors,
the British. Therefore they were of the pre-Shahjahan era. Since they were aligned to the Taj
Mahal building it followed ipso facto that the building too pre-dated Shahjahan. This piece
of evidence too therefore clinches the issue in favour of our conclusion that Shahjahan only
commandeered an ancient Hindu temple –palace for Mumtaz’s burial.
117.
That the archaeology officer, who supervised that digging, was Mr. R. S.
Verma, a conservation assistant, who made another chance discovery. Once while strolling
staff-in-hand on the terrace near the so-called mosque and the circular well on the western
flank of the marble edifice, Mr. Verma detected a hollow sound coming from below the
floor where his staff hit the terrace. He had a slab covering that spot removed and to his
surprise that was an ancient opening, apparently sealed by Shahjahan, to a flight of about 50
steps reaching down into a dark corridor. The broad wall under the terrace was apparently
hollow. From this it is clear that the corresponding spot on the eastern terrace also hides a
similar staircase and corridor, at its bottom. And God only knows how many more such
walls, apartments and stories lie sealed, hidden and unknown to the world. Thus also
incidentally points to the sorry state of research with respect to the Taj Mahal. Nobody
seems to have done neither any archaeological investigation in the grounds of the Taj Mahal
nor conducted a diligent academic study of the whole issue. Apparently extraneous political
and communal considerations have inhibited historians and archeologists from conducting
any meaningful research into the origin of Taj Mahal. Such Academic cowardice is highly
reprehensible.
118.
That Naturally when chance alien visitors like Peter Mundy visit such sites
undergoing extensive superficial changes his observing that “the building is begun…. …(
and ) is prosecuted with extraordinary diligence “ is not wrong .He couldn’t visualise that
some generations after him posterity would be bluffed into believing that the Taj Mahal
complex was raised by Shahjahan himself .Travernier and Peter Mundy could not possibly
visualize such a falsification of history and could not be more explicit. We ourselves visiting
some building as chance visitors wouldn’t be more explicit. For instance if we were to visit
Bombay or London at a time when somebody has acquired somebody else’s mansion and
has enclosed it in massive scaffolding to renovate it for his own purpose we won’t dare or
care to ask him how he acquired the building, for how much, from whom, what changes he
proposed to make, and spend how much over it .We would simply refer to it as his building.
Such inquiries are all the more impossible when a wide hiatus of language, race, culture
authority, and wealth separates the two. Peter Mundy also fortunately records the object of
the leveling up of the hillocks. The hillocks were removed, he says, ”because they might not
hinder the prospect “ of the mausoleum .The very fact that within a couple of years of
Mumtaz’s death the hillocks were leveled to afford a glimpse of the mausoleum clearly
indicates that the Taj building complex already existed .All that was necessary was to level
some of the hillocks and make the building visible from a distance. In fact the very object of
the ancient Hindu builders of the Taj raising those hillocks seems from Mundy’s noting, to
prevent the tempting Taj to be the target of a malicious enemy’s attack. Since Shahjahan was
converting it into a tomb open to all and sundry, he no longer had the need to keep it out of
the gaze of enmical people.
119.
That Waldemar Hansen notes on pages 181-182 of his book (titled “The Peacock
Throne”, published by Holt, Rhinehart and Winston) that “Even as early as 1632 on the first
anniversary of Mumtaz Mahal’s death, the courtyard of the mausoleum in progress had been
adorned with superb tents, with the entire court assembled to pay homage- princes of the
royal blood, grandees and an assemblage of religious scholars including sheikhs, ulemas and
hafizes who knew the whole Koran by heart. Shahjahan had graced the event with his
presence, and as the empress’s father Asaf Khan was present by imperial request, a great
banquet was spread before the then nascent tomb and guests partook of a variety of foods,
sweetmeats, and fruits. Verses from the Koran filled the air, prayers were offered for the soul
of the dead and a hundred thousand rupees went into charity. In later years on other
anniversary days, Shahjahan attended memorials at the incomplete edifice whenever in
Agra, formally accompanied by Jahanara and the harem .The ladies always occupied a
central platform set up for the occasion, and remained concealed from the public gaze by
kanats, screens of red cloth and velvet. Noblemen gathered under pitched tents.
120.
That the Taj Mahal originated as a temple -The inscription in Sanskrit has 34
stanzas of which stanzas 25,26 and 34 being relevant to our topic are reproduced as
translation. Translated, these means:”He (King Parmardi Dev or on his behalf his minister
Salakshan) raised a palace which had inside it the idol of Lord Vishnu whose feet the king
used to touch with his (bowed) head.
121.
That “Similarly the King also had constructed this temple,(dedicated) to the God
who bears the crescent on His (fore)head, made of crystal white stone. Consecrated in that
(magnificent) temple the lord (was so pleased that He) never thought of repairing to His
(Himalayan) abode on mount Kailas. The inscription found at Mauja Bateshwar, near Agra
is at present in the Lucknow Museum.It is of the King Paramardi Dev dated Vikram Samvat
1212, Ashwin (month),5th day of the bright lunar fortnight. It has in all 34 stanzas which
describe the origin of the Chandratreya (regal) dynasty and its important rulers. The
inscription was found embedded in a mound at Bateshwar .It was later deposited in the
Lucknow Museum by General Cunnigham, where it still is. The two beautiful marble
temples which King Paramardi Dev had raised, one for Lord Vishnu and the other for Lord
Shiva were subsequently desecrated during Invader invasions. Some clever (farsighted)
person has this inscription ,concerning these temples,buried in a mound. It remained buried
for many years until1900 A.D. when during excavations it was discovered by General
Cunnigham. The Shiva (Chandramauleeshwar) temple is obviuosly the Taj Mahal for the
following reasons:
Taj Mahal is scrawled over with 14 chapters of the Koran.
122.
That the age of the original stone of the Taj Mahal and the age of the Koran
scrawled-stone are certainly different and which could be ascertain scientifically. No where
is there even the slightest or remotest elusion in that Islamic overwriting stating Shahjahan’s
authorship of the Taj. Had Shahjahan been the builder of Taj Mahal, naturally some words
would have been scrawled there. When koranic lettering has been forged on the walls of Taj
Mahal, then why not the name of Mumtaz in whose memory it was stated to be built.
123.
That it is mentioned by the inscriber, Amanat Khan Shirazi himself in an
inscription on the building that Shahjahan, far from building the marvel Tej, only disfigured
it with black lettering. A clue to that tampering by Shahjahan is found on pages 216-217,
Vol. IV of Archaeological Survey of India Reports, published in 1874, stating that a .“great
square black basaltic pillar which, with the base and capital of another similar………..now
in the grounds of the Museum at Agra……………….it is well known, one stood in the
garden of Taj Mahal.” The true copy of the photographs deplicting the different monument
with tempered representation having deceptive indintity proclaiming as Mughal constriction
as exhibited in the photographs are Annexure no.18
124.
That there was also a Sanskrit inscription dated 1155 A. D. in the Taj Mahal
which speaks conclusively that it was a Hindu Temple, which was subsequently wrongly
termed as Bateshwar inscription, now preserved at the top floor of the Lucknow Museum.
125.
That despite such staggering evidence the respondent authorities have been
guilty of Tomin the Taj Mahal as a marble creation of Shahjahan and thereby creating and
misleading the world for over a century. All of them have also been making illegal gains
through their deceitful activities by being paid huge sums for their books, articles, news
reports, broadcasts, and telecasts.
126.
That Archaeological Survey of India is guilty of charging high entrance fee
from thousands of visitors every day from all over the world for over a century purveying
through its licensed guides concocted details about Shahjahan’s take authorship of the Taj
Mahal and through Archaeological Survey of India notices in Hindi, Urdu and English on
three stone plaques displayed at the Tajmahal entrance declaring that Shahjahan raised the
monument from 1631 to 1653 A. D.
127.
That the authorities are guilty of giving mis-information and dis-information all
over the world for over a century. The enormity of that academic crime affecting the whole
world has caused a deep injury and prejudice to the human population of the world. The
national motto of our country is “Satyameva Jayate“ (Truth alone triumphs). That In that
context the blatant lie that the Archaeological Survey of India has been propagating to the
entire academic and tourist world is a matter of national sham and a serious concern to all.
128.
That there is no valid reason why Anglo-Invader school should not be able to produce
even a single document pertaining to the Invader claims to the fort. Had the claims been true
such documents should have been available in plenty because when the British deposed the
Mogul emperor they preserved and carefully classified all the documents they seized form
the mogul archives. Those records contain hardly anything but letters. That when the AngloInvader school is unable to produce even a single document in support of its claim any law
court would draw an a priori adverse inference.
129.
That even then we claim no special advantage form this fundamental weakness in the
case of the respondent Anglo-Invader school. In ordinary life, there are very many occasions
when documents are not available on either side and yet there is overwhelming
circumstantial evidence on the basis of which the court can come to a clear judgement over
the rival claims. It is such circumstantial evidence which we propose to lay before the bar
and bench of learned public opinion:
130.
That 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. That same fort is again referred to by the Persian poethistorian Salman, in the 11th century A.D.. Early in that century when the Hindu king Jaipal
ruled over Agra. The fort suffered its first Invader raid under the invader Mahmud of
Ghazni.Thereafter some chauvinistic Islamic accounts vaguely claim that the Invader sultan
Sikandar Lodi demolished the Hindu fort. That claim has been found to be baseless. A few
years later another vague claim is made by some other mediaeval Invader 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 Suri is said to have built.
Invader history is replete with such fraudulent claims, according to the late British historian
Sir H.M. Elliot.
131.
That an English visitor, Peter Mundy who was in India only for about a year after
Mumtaz’s death mentions the Taj Mahal as one of the most spectacular buildings. Thus
Shahjahan’s sacrilege of the Hindu Taj temple-palace by misusing it as an Islamic graveyard
ought to be rectified by removing Arjumand Banu’s remains,if they really are in the Taj
Mahal, to her original grave, still existing in Burhanpur. The garden pavilion of an Hindu
mansion in Burhanpur (about 600 miles south west of Agra) where Mumtaz was buried in
1631 A.D. after her death in her 14th delivery during 18 years of married life. Shahjahan
Mumtaz had encamped in the adjoining Hindu palace during a north south journey when
Mumtaz died.
132. That the ground plan of the orthodox Vedic octagonal Tejomahalaya shrine in Agra
where Mumtaz’s exhumed body is supposed to have been interred again. Why this sacrilege?
An aerial view. The white marble Tejomahalaya framed by four towers at its plinth-corners
on the south bank of the sacred Yamuna river. Two identical red stone buildings (each with
three marble domes) facing the marble edifice from the east and west were meant to be
reception pavilions for royal or religious congregations. The central marble building and the
flanking red stone buildings are all seven storied with octagonal features, which is a Vedic
specialty. Seven storied octagonal buildings are mentioned even in Ramayanic description of
Ayodhya. A meticulous count will reveal 33 arches in the marble plinth seen in front in
between the two towers on the left and the right. Since the marble platform is a square the
breadth too has 33 arches consequently the marble plinth itself encloses 33x 33=1089 rooms
That is the ground floor. Above it on either side of the lofty entrance arch may be seen
vaulted arches on two levels one above the other, which constitutes two more stories in
marble.
133. That the outer western gateway leading to the spacious parking area for visitors’ vehicles
lined by arcaded red stone verandahs with rooms for shopkeepers selling their wares. The
entire parking area is lined by such shopping arcades which Tavernier describes as bazar of
six courts. The western gateway has assumed importance in modern times because the main
bus depot and railway stations of the populace, bustling Agra city lies in that direction. In
olden days it was the elevated gateway at the left which used, to be the main entrance of the
Tajganj alias Tajganj township. The Tejomahalaya shopping arcade has had at its outer
eastern and western corners, flanking the Shree gate, two other subsidiary sentinel-temples.
This octagonal pavilion with a white dome in the southwest corner bearing the inverted lotus
cap and straight Vedic pinnacle pitcher shaft is one of them. But alas, since Shahjahan’s time
the sacred sanctum has an Islamic cenotaph attributed to an harem-maid Satunnisa Khanam.
But since no name is inscribed on it that seems to be an inspired canard explaining away the
desecration of the Hindu shrine.
134.
That the interior of the multi-storied vaulted entrance gate leading first to the
rectangular garden and then to the wonder marble edifice at the far end. The temple palace
management staff used to work on both floors on various assigned duties. The carved
decorative red stone bunting around the interior and exterior of this gateway, about kneehigh from the floor, if minutely observed turns out to be an ingenious running chain of threein-one Ganesh images, two in profile on the flanks and one with a frontal facing in the
middle. The marble Taj Mahal has identical vaulted lofty archways in all the four directions.
Their temple décor was chiseled away and Koranic extracts were improvised to fill the
cavities. Close look at the marble stone frames around the vertical and horizontal Koranic
passages to notice the patches of dissimilar shapes and tints of marble used. Cobras lined up
above a string of inlaid temple bells pattern form the upper border of the Taj Mahal. Both
cobras and bells have sacred associations in Vedic spiritual lore.
135.
That the gateway at which entry tickets are issued, is decorated both inside and out, at
the knee level with a bunting depicting such ingeneous three-in-one Ganesh caricatures; two
in profile on the flanks enclosing a frontal one in the middle. The arches in the marble plinth
and the rectangular ventilator above each one of them,(allowing light and air to the 1089
chambers inside the plinth)may be minutely observed to have been sealed with marble slabs.
136.
That the seven arches at the bottom enclose the stairs, which lead to the top of the
marble plinth symmetrically from the right and left. The Nandi (Lord Shiva ‘s Bull)
occupied the spot where the person clad in white robes is seen standing facing the entrance,
before it was uprooted at Shahjahan’s orders. That spot was patched up later with inferior
reddish slabs. There is trident shaped designs in inlay filigree at the two upper corners of the
entrance and the trident shaped red lotus bud at the apex of the arch.
137.
That the Koranic stones fixed vertically and horizontally along such lofty arches on all
four sides were improvised to fill up gaping cavities left after digging out idols of Vedic
deities and Sanskrit extracts. We arrive at the above conclusion because (1) a close
inspection of the marble frames enclosing the Koranic extracts reveal patches of marble of
different shapes and tints (2) The Koranic extracts are random, haphazard out of sequence
and incomplete (3) On hot days with the visitor’s feet burning on the marble plinth a fierce
sun beating down on the head and the eyes burning with intense sunlight radiated by the
white marble sheen even a devout Invader knowing Arabic won’t have the heart or even the
steady head or patience to crane and strain his eyes and neck alternately vertically and
horizontally to make any head or tail of that message of Allah. A close-up of the upper part
of a minaret. The galleries rest on snake-shape brackets, which is a distinct Hindu
architectural trait. Mumtaz’s tomb in the crypt (basement). The pavement patched up with
marble slabs of varying sizes and tints indicating that the Shivling here has either been
replaced by the cenotaph or is covered up by it.
138.
That after one enters the lofty arch from the marble platform one-steps onto spacious
halls which form a perambulatory passage all around the central octagonal sanctum. That
sanctum too has entrances on all four sides. But only the south entrance has been kept open
since Shahjahan’s time. All these outer and inner entrances had silver doors, which are
common to all renowned Hindu (Vedic) shrines. Those were uprooted and ranged on the
outer marble plinth before being spirited away to Shahjahan’s Mogul treasury. European
visitors to the shrine around 1631 A.D. noticing the uprooted costly fixtures such as silver
doors ranged on the marble platform misunderstood them to have been ordered by
Shahjahan to be used in the building. Contrarily the thousands of labourers rounded up from
the by lanes of Agra city under threats of dire consequences were forced to toil gratis to
uproot all the costly fixtures such as the gem studded gold railings (around the Shivaling),
silver doors, precious stones stuffed in the marble lattices and the golden pitcher dripping
water on the Shivlinga, and transport them to the mogul treasury. Notice the framed
decorative panels to the left and right of the doorway. They depict embossed OM shaped
Dhatura flowers and conchshell- type foliage. The panel at the left has the sacred conchshell
design. The right side panel depicts a plant with flowers shaped like the sacred Vedic chant
(OM).
139.
That Mumtaz’s cenotaph in the foreground and subsequent Shahjahan’s cenotaph
besides it in the upper marble octagonal chamber. Notice that both the cenotaphs are highly
decorated with inlay work. Science have been so somnolent for the last 350 and odd years as
to allow the preposterous Shahjahan and Mumtaz legend, stained with carnal love to pass
muster in spite of being riddled with a myriad loopholes disclosed .Around the hook (from
which hangs the chain) is a sketch in concentric circles. In the smallest innermost circle are
arrows symbolizing the eight surface directions. Around it is another circle of 16 serpents
looking down on the Shivling underneath. Around it is a wider circle of 32 tridents.
Surrounding it is a bigger circle depicting 64 lotus buds. Even this mathematical progression
of multiples of 8 i.e. 8x2=16x2=32x2=64 is of esoteric Vedic significance and has no
relation with Islam.The preponderating significance of 8 in Vedic tradition may be judged
from terms such as Ashtapailu, Ashtavadhani, Ashtaputra, Ashtadhatu, Ashtang Ayurved,
Mangalashtak and Sastang namaskar.
140.
That the octagonal lattice around the cenotaph of Mumtaz (which has replaced or
covered the sacred Shivling) has in its upper border a total of 108 pitchers, some rotund and
striped and some oblong like vases. The rotund striped pitcher is seen bathing the Shivaling
underneath with a stream of milk. The decorative flora on the vase and other parts of the Taj
Mahal alias Tejomahalaya is all native to India. Such decoration in the orange, Vedic colour
behooves a Hindu temple or palace but never a somber Islamic sepulchre.
141.
That a close-up of the gilded pinnacle rising from the inverted lotus cap of the marble
dome .The pinnacle is known as Kalash in Vedic parlance because of the stack of pitchers
which constitute it. The curvy shaft seen in the upper portion represents the crescent on Lord
Shiva’s forehead. Above it is an oblong pitcher, two mango leaves curving on either side
with a coconut balanced on top. Such a coconut –topped pitcher represents divinity in Vedic
tradition.
142.
That the three domes of the so-called mosque are a misfit in Islam. Since Islam has
only one Allah and one prophet for who is the third dome? Moreover the qibla (i.e. the
prayer niche) is not aligned to the Kaba in Mecca, as it should be in a genuine mosque. Also
when there are three qiblas instead of one they couldn’t all be aligned to the Kaba at the
same time. And since the twin buildings on the eastern flank is a non-mosque it
automatically follows that its counterpart to the west is also a non-mosque. Only buildings
with the same function and purpose can have an identical design.
143.
That there is staircase and another symmetrical one at the other end lead down to the
storey beneath the marble platform Tow such staircases (one each at the eastern and western
ends) behind the marble plinth take one to the nether chambers. Visitors may go to the back
of the marble plinth at the eastern or western end and descend down the staircase because it
is open to sky. But at the foot the archaeology department has set up an iron grill door,
which it keeps, locked. Yet one may peep inside from the iron grill in the upper part of the
door. Shahjahan had sealed even these two staircases. It was the British who opened them.
But from Shahjahan’s time the stories below and above the marble ground floor have been
barred to visitors. We are still following Mogul dictates and Invader secrecy though long
free from Mogul Islamic rule.
144.
That One of the 22 locked rooms in the secret storey beneath the marble platform of
the Taj Mahal, which the archaeological Survey of India keeps conspiratorially locked to
hoodwink the public. Therefore the public must pressurized the government to open all
locked and sealed chambers in all monuments including the Taj.
145.
That the strips of ancient Hindu paint are seen on the wall flanking the doorway.
The niches above had paintings of Hindu gods, obviously rubbed off by Invader desecrators.
One of the 22 riverside rooms in a secret storey of the Taj Mahal unknown to the public.
Shahjahan far from building the shining marble Taj wantonly disfigured it. Here he has
crudely walled up a doorway. Such imperial Mogul vandalism lies hidden from the public.
This room is in the red stone storey immediately below the marble platform. Indian history
has been turned topsy- in lauding destroyers as great builders. Therefore Shahjahan should
be referred to not as the creator of Taj but as a plunderer of its costly fixtures and disfigurer
of the sublime, serene beauty of the holy Tejomahalaya.
146.
That many such doorways of chambers in secret stories underneath the Taj
Mahal have been sealed with brick and lime. Concealed inside could be valuable evidence
such as Sanskrit inscriptions, Hindu idols, the original Hindu model of Taj, the desecrated
Shiva Linga, Hindu scriptures and temple equipment .The Government is deliberately
refraining from opening hundreds of such sealed chambers. Inside the Taj Mahal for fear of
enraging Invaders and exposing the incompetence of historians worldwide.
147.
That there was the traditional treasury well of the Hindu temple palace. Treasure
chests used to be stacked in the lower stories. Accountants, cashiers, and treasurers sat in the
upper stories. On being besieged if the building had to be surrendered to the enemy the
treasure chests used to be pushed into the water for salvage later after recapture. For real
research, water should be pumped out of this well to reveal the evidence that lies at the
bottom. This well is inside a tower near the socalled mosque to the west of the marble Taj.
Had the Taj been a mausoleum this octagonal multi storied well would have been
superfluous.
148.
That it has come to the notice of the petitioner’s institute that there has been the
digging of the place where “gowshala” cow protection shelter was situated .It was revealed
that there are the remains of the temple dig inside the earth and the upper portion of the
temple called as “Amlak” was found to have been hidden inside there. The official sought
the instructions from the officials of the archaeological department but the matter was
subsided on the instructions of the authority as it may annoy the fundamentalist as a result of
which the appeasement policy adopted by the government for getting the vote of the
minority may be adversely affected. Thus the spot inspections by appointing the team of
survey commissioner to submit Its report may kindly be ordered by this Hon’ble Court
149.
That Visitors to the Taj may notice the letter
“om”
woven in bold relief in
embossed flower –designs on the interior marble walls. As one stands poised at the top of
the stairs leading to the basement (to se what they call the ‘real graves’) one may see on the
walls around the upper marble cenotaph chamber, at chest level, the esoteric sacred Hindu
letter
‘om’ woven into embossed marble flower pattern. Pink lotus patterns on the border
of the grilled panels that enclose the cenotaph may also be noticed.
150.
That a peacock Throne could never have been ordered by fanatic mediaeval Invader
rulers surrounded by even more fanatic maulvis. Throughout their millennium long rule in
India their one penchant was to break images not to make them. The peacock Throne could
only be a piece of Hindu Palace furniture because traditionally a Hindu throne must have the
effigy of some bird or animal known for its splendor or valour. In Hindu terminology the
very term for a throne is a “Lion Seat (Simhasan).”Hardly had the project begun, than we are
told that by 1635 Shahjahan had amassed such a plethora of gems and bullion, within seven
years of his accession that he did not know what to do with them. He therefore had a
fabulous Peacock Throne ordered.
151.
That According to Shahjahan’s court chronicler (PP. 45-46,ibid.), it appears that
the peacock Throne was “three yards long, two and a half yards broad, yards high and set
with jewels worth 86 lakh rupees. The canopy had 12 emerald columns. On top of each pillar
were two peacocks thick –set with rubies, diamonds, emeralds, and pearls. The throne cost
ten million Rupees.” “The marble screen enclosing an octagonal area in the centre of the
cenotaph chamber was, according to the Badshahnama placed here in 1642 by Shahjahan
…According, however, to competent authority the screen was placed here by Aurangzeb
after he laid his father’s remains there.
152.
That “The basement rooms are centrally situated as a line of 14 rooms along the
face of the Great Basement, under its terrace; and each of them is connected by a doorway
with as inner lobby running east and west along their entire length. From each end of the
lobby a staircase ascends to the terrace of the Great Basement, where its entrance closed by
red sandstone slabs, lay unsuspected until discovered a few years ago, the clue being given
by a small window overlooking the river in each of the two easternmost rooms. The rooms,
once frescoed and otherwise decorated being now in darkness and infested by bats, cannot
be explored without a torch or lamp. Whether they originally opened on to a ghat and gave
admittance to the Taj from the river; or being provided with windows, were used as cool
resorts during the heat of the day, cannot now be decided”.
153.
That in the Agra Fort gallery, facing the Taj, is a tiny glass piece embedded in the
wall to mirror the Taj Mahal. Originators of the Taj legend have conveniently annexed the
device to add to the mesmeric effect of the myth. Embedding tiny, round glass reflectors by
their thousands in arched recesses of palaces and in women’s dresses is a very common and
widespread Rajput practice. Such glass reflectors can still be seen fixed in numerous ancient
palaces in Rajasthan, and continue to be used for decoration in Rajput women’s dresses.
Saracenic architecture, if there be any such should rather believe in “purdah “ i.e. shrouding
or hiding and would never think of glass reflectors. Mirror –pieces decorated the royal
apartments in Agra fort because it was a Hindu fort. Moreover Shahjahan was never
permitted access during interment to that part of the fort which overlooks the Taj. It is,
therefore absurd to argue that during detention he consoled himself by catching glimpses of
the Taj in the tiny glass piece.
154.
That a further absurdity and inconsistency is; would an old monarch, bent with
age, stand up all the time to strain his bedimmed vision, and peer into a tiny glass piece with
his back to the Taj to catch a fleeting, reflected glimpse of the Taj when he could as well
have a clear, full, straight and direct view of it seated comfortably facing the monument?
And would not such a stance give him a pain in the neck? This is yet another instance of
how students of history, archaeologists and lay visitors have never bothered or cared to take
stock of the loose bits of the Taj legend, and tried to rearrange them to find out whether they
add up to at least a coherent and cogent account, even if fictitious.
155.
That in addition to its sculptural splendor, the Taj is also believed to have had gem
studded marble screens, gold railing, and silver doors. Readers can well add up to the cost of
all these. It will amount to a fabulous, astronomical sum. Perhaps even all the Mogul
emperors together could not have invested that much on a single monument. Had the Taj
been an original tomb, Shahjahan would never have allowed Indian flora to form the
dominant feature of the tapestry design inside the mausoleum of his wife. It is idle to argue
that because the workmen employed on the Taj happened to be Hindus their motifs got
incorporated in the Taj design. It must be remembered that it is the person who pays the
piper that calls the tune. Moreover when it is a question of the peace of departed soul,
symbols and motifs of a detested religion would never have been allowed to be incorporated
in the ornamental patterns of the Taj. In fact the whole idea of having such a luxurious tomb
built and having decorative patterns made inside it is frowned upon in Islamic religion and
tradition. But Shahjahan had no alternative, but to put up with them, since he had taken over
a ready-made “heathen” monument.
156.
That under these circumstances, it is expedient in the interest of justice that a facts
finding committee may be appointed for exposing the falsehood of the Arceaological
department in respect of their purported claim set-up regarding the historical blunder
committed by them in declaring Taj-Mahal, Red- fort Agra, Fatahpur –Sikiri and other
ancient buildings as Muslim monuments and truth may be disclose to the public/citizens and
students of subject of history regarding their true authorship prior to Mughal period in
furtherance of their fundamental rights conferred under Article 19 (1) (a), 25 and 26 read
with 49 and 51-A(f) (h) of Constitution of India and Freedom Of Information Act, 2002.
157.
That it is prayed that this Hon’ble Court May graciously be pleased to declare the
provisions of The Ancient And Historical Monuments And Archaeological Sites And
Remains (Declaration Of National Importance) Act, 1951 to the extend of declaring the
ancient and historical monuments and other and Archaeological Sites namely Taj Mahal.
Fatehpur-sikiri, Agra Red Ford, Ethmadualla and other Monuments built by Mugal invaders
on the basis of report submitted by The Governor General, Lord Auckland, and young
lieutenant Alexander Cunningham conceived indigenous scheme of misusing the
archaeological studies as ultravires to Article 19 (1) (a), 25,26 49 And 51-A (f) (h) of
constitution of India and may futher declare the provision of Ancient and Historical
Monuments and Archaeological Sites and Remains (Declaration of National Importance)
Act, 1951 (71 of 1951), The Ancient Monuments And Archaeological Sites And Remains
Act, 1958 of declaring these ancient building/ monuments preserved with such identity with
out any scientific inquiry/ investigation as Muslim monuments / graveyards as
unconstitutional and void. The true copy of THE ANCIENT MONUMENTS
PRESERVATION ACT, 1904, The Ancient And Historical Monuments And Archaeological
Sites And Remains (Declaration Of National Importance) Act, 1951 and The Ancient
Monuments And Archaeological Sites And Remains Act, 1958 ( Act No.24 of !958) and
other relevant Acts are filed herewith and marked as Annexure No. 19, 20 and 21
158.
That it is further prayed that on the basis of the Research Conducted by the petitioner
No.-2 as published in the different books written by him as referred in earlier paragraphs
namely 1. World Vedic Heritage, 2. The Tajmahal is a Temple Place, 3.Some
Blunders of Indian Historical Research, 4. Flowers Howlers, 5. Learning Vedic
Astrology, 6. Some Missing Chapters of World History, 7. Agra red Fort is a Hindu
Building, 8.Great Britain was Hindu Land, 9. The Taj Mahal is Tejomahalaya a Shiva
Temple, 10.Who Says Akbar was Great, 11. Vedic Guide to Health, Beauty,
Longevity and Rejuvenation, 12. Islamic Havoc in Indian History Published by-HINDI
SAHITYA SADAN 2, B. D. Chambers, 10/54 D. B. Gupta Road, Karol Bagh, New Delhi110005, the truth may be exposed through Scientific inventions and temperaments to the
General Citizen/ Students of history by conducting the research/ excavations of the remains
of Hindu monuments by the Central Government surroundings to all such Hindu Palace/
temple and other ancient archaeological building/ Monuments as the incidents like
demolition of disputed structure at Ayodhya may not be repeated resulting in mass
destruction of the public property shacking of public confidence in Rule Of Law in the
society. The true copy of the representation submitted to the respondent No. 1 on the basis of
the reserch work conducted by Sri P. N. Oak having legal interpretation to the legal right
conffered to the citizen having scientific and analytcial approach regarding Hindu authorship
of monuments is filed as Annexure No. 22
159.
That it is further prayed that A writ , order, directions in the nature of mandamus
directing the respondent authorities after due Scientific investigation and facts finding
inquiry report, the respondents in particular the Archaeological Survey of India to Declare
and Notify in terms of the true history, as the Taj Mahal was not built by Shahalahan and
thereby directing the Archaeological Survey of India to remove the notices displayed by
them in the Taj Mahal premises crediting Shahjahan as its creator to desist from writing /
publishing / proclaiming / propagating and teaching about Shahjahan being the author of Taj
Mahal and stop and discontinue the free entry in Taj Mahal premises on Fridays or any other
day in the week.
160.
That it is further prayed that a writ, order, direction in the nature of mandamus
directing the respondent authorities in particular Archaeological Survey of India to open the
locked-up upper and lower portions of the 4 storeyed building of Taj Mahal with numbers of
rooms, to remove all bricked up walls build later and look into room therein, to investigate
scientifically and certify which of those or both cenotaphs are fake to look for a subterrance
storey below the river bank ground level, to look into after removing the room-entrance
directly beneath the basement cenotaph-chamber. by removing the brick and lime barricade
flocking the doorway, to look for important historical evidence such as idols and inscriptions
hidden inside the Shahjahan’s orders.Recitiation of name in the west-flank building be
banned because that building is part of a temple complex.The water in the 7 storeyed well,
inside the tower near the so-called mosque, be drained to for drained to look for historical
evidence (such as Court jewels idols and inscription jettisoned when Shahjahan’s troops
stormed the premises to plunder the Shiv Shrine).Free entry on Fridays should be
discontinued to prevent loss of revenue to the Government .If free entry on Friday is allowed
to continue then free entry on Mondays should be ordered because Mondays are Shiv
worship days.
161.
That the petitioners has no other efficacious remedy , expect to file the present Writ
Petition on the following and other grounds:-
Grounds
A.
Because truth will not make us rich, but it will certainly make us free.
The wrong historical data leads to the horror, as we have seen during the
period of demolition of the Babri Masjid. There has been number of
concomitant given by the respective community representing to the follower of
two prominent religions, but the loss that we have suffered in the shape of
hatred between the two section of the society, cannot be compensated without
revealing the truth. Unfortunately, the term Hindu communalism is more
exaggerated by the fanaticism under the garb of secularism, while the Hindu
community as a whole has always been receptive to all the religion.
B.
Because Article 25 of the constitution in India secures to every
person, subject of course to public order, health and morality and other
provisions of Part III, including Article 17 freedom to entertain and exhibit
outward acts as well as 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 sections 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.
C.
Because every citizen of India is fundamentally obligated to
develop a scientific temper and humanism .He is fundamentally duty bound to
strive towards excellence, in all sphere of individual and collective activity, so
that the nation constantly rises to the higher level of endeavor and
achievements. Everyone, whether individually or collectively is unquestionably
under the supremacy of law. However it is true that exaggerated devotion to the
rule of benefit must not nurture fanciful doubts or lingering suspicion and
thereby destroy social defense, as the curiosity cannot be the subject matter of
fair criticism. Thus the conclusion derived that on one hand, every citizen is
having the freedom of speech and expression so far as they do not contravene
the statutory limits and may prevail in the atmosphere with out any hindrance.
D.
Because public education is essential for functioning of the process
of popular government and to assist the discovery of truth and strengthening
the capacity of individual in participating in decision making process .The
decision making process include the right to know also and pushing the
protection beyond the primary level betrays the bigwigs desire to keep the
crippled more crippled forever. The education of spritualism is the foundation
for value based survival of human being in a civilized society. The force and
section behind civilized society depend upon moral value; and the morality
cannot be cultivated through the falsehood of ideological barrier. Thus the
children may not be required to read such facts, which are having the
foundation of falsehood.
E.
Because in Bijoe Emmanuel vs State of Kerala (1986) 3 SCC 615,
the question raised in the aforesaid case, as to whether three children who
were faithful to “Jehovah’s witnesses” may refuse to sing our national anthem
or salute the national flag of our country despite being the student in the school,
where during morning assembly, the national anthem is sung by other children.
The circular issued by the Director of Public Instruction, Kerala provided
obligation of school children to sing the National Anthem. Thus these children
were expelled. The Hon’ble Supreme court while setting aside the aforesaid
order of expulsion of the children from the school was pleased to examine, as
to whether the children faithful to “Jehovah’s witnesses”, a worldwide sect of
Christianity may be compelled against tenets of their religious faith duly
recognized and well established all over the world which was upheld by the
highest court in United States of America, Australia and Canada and find
recognition in Encyclopedia Britannica. It was held that the appellants truly and
conscientiously believed that their religion does not permit them to join any
rituals except it them in their prayers to Jehovah, their God. Though their
religious beliefs may appear strange, the sincerity of their beliefs is beyond
question. They do not hold their beliefs idly and their conduct is not the
outcome of any perversity. The appellants have not asserted the beliefs for the
first time or out of any unpatriotic sentiments. Their objection to sing is not just
against the National Anthem of India. They have refused to sing other National
Anthems elsewhere. They are law abiding and well-behaved children, who do
stand respectfully and would continue to do so, when National Anthem is sung.
Their refusal, while so standing to join in the singing of the National Anthem is
neither disrespectful of it, nor inconsistent with the Fundamental Duty under
Article 51 A (a). Hence no action should have been taken against them.
F.
Because the concept of sovereignty was present from the ancient
time but the sovereignty was conferred upon an individual who is suppress the
wicked and is recognized as great resources in itself like the god of fire, air,
sun, moon and religion. The religion in the ancient time was considered as
spiritualism and it was not dependent upon any ritual ceremony, but it was
considered s the knowledge in the darkness of ignorance and injustice. The
sovereignty was supposed to promote the cause of the religion, wealth and
enjoyment of life and those, who were voluptuous, malicious, mean, and lowminded, were ruined by the retributive justice.
G.
Because the apex court held in RamSharan Autyanuprasi’s case 1989
(Supp.) (1) SCC 251/AIR 1989 S.C 549 , that men’s life is inclusive of his
tradition , culture and heritage and protection of that heritage in its full measure
would certainly come within the encompass of an expanded concept of Article
21 of the Constitution
H.
Because the mankind must be satisfied with the reasonableness within
reach and the decision-making process may belong to the knowledge of the
law. Thus the reasonableness and the rationality, legality, as well as
philosophically, provide colour to the meaning of fundamental right .The
concept of equality is not doctrinaire approach. It is a binding threat, which runs
through the entire constitutional text thus the affirmative action may be
constitutionally valid and the same cannot ignore the constitutional morality,
which embraces in-itself the doctrine of inequality. It would be constitutionally
immoral to perpetuate inequality among majority .The constitution is required to
kept young energetic and alive. The attempt be endure to expand the ambit of
fundamental right. It is said that the dignity of the ocean lies not in its fury
capable of causing destruction, but in its vast extent and depth with enormous
tolerance. Thus the wider the power, the higher the need of caution and care
while exercising the power.
I.
Because the Student/children, the future citizens under taking the
education of Indian History on the misconception/ pattern of Anglo Saxon
teaching meant for division of Indian society on the policy of “Divide and Rule”.
There is a important question posed as to whether we have actually gain our
independence or we have to under take another journey full of animosity,
aggressism on account of terrorism and fanatic ideology a prevalent throughout
the World of a particular religion.
J.
Because this writ petition is moved in the Public Interest, for a National
Cause, to establish the truth there is no private interest or any other oblique
motive, or any other personal gain. The petitioner institution, known as Institute
for Re-writing Indian History, Thane, having registration no.F-1128 (T) is a
public trust. The founder president of the trust is Shri P.N. Oak S/o Late Shri
Nagesh Krishna Oak, R/o- Plot no. 10, Goodwill Society, Aundh, Pune.411007,
who has written number of books namely 1. World Vedic Heritage, 2. The
Tajmahal is a Temple Place, 3.Some Blunders of Indian Historical Research, 4.
Flowers Howlers, 5. Learning Vedic Astrology, 6. Some Missing Chapters of
World History, 7. Agra red Fort is a Hindu Building, 8.Great Britain was Hindu
Land, 9. The Taj Mahal is Tejomahalaya a Shiva Temple, 10.Who Says Akbar
was Great, 11. Vedic Guide to Health, Beauty, Longevity and Rejuvenation, 12.
Islamic Havoc in Indian History.
K.
Because the petitioner No. 2 is the founder President of an Institution,
namely, “ Institute for Re-writing Indian (and World) History “. The aim and
objective of that institution, which is a registered society having register no. F1128 (T) as the public trust under the provision of Bombay Public Trust Act.
Inter alia, is to re-discover the Indian history. The monumental places of
historical importance in their real and true perspective having of the heritage of
India.
L.
Because the ‘ research paper’ of the author on the subject that the socalled “Taj Mahal “ is not a monument built by an Invader Emperor in memory
of his late wife but a Hindu Shiva Temple which was converted into a lovememorial by a Invader Emperor.
M.
Because 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). The old dictum let the
people have the truth and the freedom to discuss it and all will go well with the
Government. It should prevail. The true test for deciding the validity is whether
it takes away or abridges fundamental right of the citizens. If there were direct
abridgement of the fundamental right of freedom of speech and expression, the
law would be invalid.
N.
the ambit and scope of “Right to Know “ is conferred fundamental right under
Article 19 (1)(a),25 and26 read with Article 49 and 51-A(f) (h) of the
Constitution of India; read with the provision of Freedom of Information Act,
2002 .The right to get information in democracy is recognized all throughout
and it is a natural right flowing from the concept of democracy itself. Freedom
of expression may be necessarily included in the right of information. There is
no expression with out having an idea on the subject, regarding which the
expression of an individual may be given effect to change the existing values of
ideology, which are based on the notable extracts of certain facts. An
enlightening informed citizen would undoubtedly enhance democratic values.
O.
Because the Governor General, Lord Auckland, and young lieutenant
Alexander Cunningham conceived indigenous scheme of misusing the
archaeological studies. This young Cunnigham, an army engineer had no
training in the archaeological department, he wrote a lengthy letter dated
September 15, 1842 suggesting archeological exploration in India. This letter is
reproduced on page no 246 Volume 7 journal of Royal Asiatic Society, London,
and 1843 A.D. It discloses that the purpose of archeological exploration in India
is neither the study; nor preservation of historical monuments, but to use
archeology as the imperial tool to create mutual dissension and resentment
between Buddhists, Jains and other Hindu with Invaders by falsely crediting all
monuments to the authorship to alien invaders while few may be labeled as
that of being constructed by Buddhist or Jain, but not by Hindus.
P.
Because it has been disclosed during the High level Committee Meeting
at Paris during the convention of United Nation Education Science and Cultural
Organisation (UNESCO) that near Anoop Talab (Pond), there has been the
ancient palatial building and the ancient cultural activities remain in existance
prior to the period of invasion by the Mughal invaders. The historian have
related them back to the existence of all such palatial building during the period
of Sikarwar, Rajput, which find support by the research were conducted Prof.
Ram Nathan historian of Rajasthan University, Jaipur and also by Dr. Pratima
Asthana, Ex Vice Chancellor of Gorakhpur University.
Q.
Because one great tragedy of Indian history has been that while Indians
remained subdued and gagged under alien domination for over a millenium
foreigners, who wielded all power in India played great havoc with Indian
history merrily destroying or distorting it at their sweetwill either out of sheer
cunning and cussedness or through their colossal ignorance and wanton
barbarism.
R.
Because that life includes all the meaning given to a man’s life
including his tradition, culture and hertiage and protection of that heritage in its
full measure squarely comes within the encompass of the extended concept of
Article 21 of the Constitution of India.
S.
Because that the Taj Mahal, is a mark of history of hertiage and the glorious
achievement of Indian Art and Archaeology, and has to be named and
recognised in its true perspective and origin as a monument of world important
must not be allowed to be the victim subject of an “Historical fraud” as an
infringement of Indian tradition and heritage if the said monument is wrongly
and falsely indentifing and reconized as a mausoleum giving a go bye to its
origin and actual creation as a Palace/Temple in redemption of fact and
restoration of history.
Because the history of one’s heritage has to be rewritten to give a true
T.
and correct account of the facts and figures, achievements and failures,
conquest end the defeat.as the Taj Mahal was not built by the fifth generation
Mugal emperor, namely, Shahjahan which is evidently proved.
PRAYER
It is, therefore, MOST RESPECTFULLY, prayed that this Hon’ble
Court May graciously be pleased to
1.
Issue a Writ, order, direction in the nature of mandamus by
appointing a facts finding committee for exposing the falsehood of the
Arceaological department regarding the historical blunder committed by
them in respect of their purported claim set-up in declaring Taj-Mahal,
Red- fort Agra, Fatahpur –Sikiri and other ancient Hindu buildings/
monuments as Muslim monuments and restrain them from displaying the
authorship of these buildings as constructed by Sahajahan or by any
mughal Invaders as truth may be disclosed to the public/citizens and
Students in Subject of History regarding their true authorship prior to
Mughal period in furtherance of their fundamental rights conferred to the
Citizens under Article 19 (1) (a), 25 and 26 read with49 and 51-A(f) (h) of
Constitution of India and Freedom Of Information Act, 2002.
2.
Issue a writ, order, direction in the nature of mandamus declaring
the provisions of The Ancient And Historical Monuments And
Archaeological Sites And Remains (Declaration Of National Importance)
Act, 1951 to the extend of declaring the ancient and historical monuments
and other and Archaeological Sites namely Taj Mahal. Fatehpur-sikiri,
Agra Red Ford , Ethmadualla and other Monuments as built by Mugal
invaders on the basis of report submitted by Then Governor General, Lord
Auckland, and young lieutenant Alexander Cunningham conceived
indigenous scheme of “Divide and Rule”
and thereby misusing the
archaeological studies, as ultravires to Article 19 (1) (a), 25,26 49 And 51A (f) (h)constitution of India and this Hon’ble Court may futher declare
the provision of
Ancient and Historical Monuments and Archaeological
Sites and Remains (Declaration of National Importance) Act, 1951 (71 of
1951), The Ancient Monuments And Archaeological Sites And Remains
Act, 1958 of declaring these ancient building/ monuments preserved with
such false identity with out any scientific inquiry/ investigation as
purported Muslim monuments / graveyards as unconstitutional and void.
3.
Issue a writ, order, direction in the nature of mandamus on the
basis of the Research Conducted by the petitioner No.-2 as published in the
different books written by him as referred in earlier paragraphs namely 1.
World Vedic Heritage, 2. The Tajmahal is a Temple Place, 3.Some
Blunders of Indian Historical Research, 4. Flowers Howlers, 5. Learning
Vedic Astrology, 6. Some Missing Chapters of World History, 7. Agra red
Fort is a Hindu Building, 8.Great Britain was Hindu Land, 9. The Taj
Mahal is Tejomahalaya a Shiva Temple, 10.Who Says Akbar was Great,
11. Vedic Guide to Health, Beauty, Longevity and Rejuvenation, 12.
Islamic Havoc in Indian History Published by-HINDI SAHITYA SADAN
2, B. D. Chambers, 10/54 D. B. Gupta Road, Karol Bagh, New Delhi110005, the truth may be exposed through Scientific inventions and
temperaments to the Citizen/ Students of history by conducting the
research/ excavations of the remains of Hindu monuments by the Central
Government surroundings to all such Hindu Palace/ temple and other
ancient archaeological building/ Monuments as the incidents like
demolition of disputed structure at Ayodhya may not be repeated resulting
in mass destruction of the public property shacking of public confidence
under Rule Of Law in the society.
4.
Issue a writ, order, directions in the nature of mandamus directing the
respondent authorities after due Scientific investigation and facts finding
inquiry report, the respondents in particular the Archaeological Survey of
India may Declare and Notify in terms of the true history, as the Taj Mahal
was not built by Shahajahan and thereby directing the Archaeological
Survey of India to remove the notices displayed by them in the Taj Mahal
premises crediting Shahjahan as its creator and
to futher desist from
writing / publishing / proclaiming / propagating and teaching about
Shahjahan being the author of Taj Mahal and stop and discontinue the free
entry in Taj Mahal premises on Fridays in the week.
5.
Issue a writ, order, direction in the nature of mandamus directing
the respondent authorities in particular Archaeological Survey of India 1)to open the locks of upper and lower portions of the 4 storeyed building of
Taj Mahal having numbers of rooms, 2)-to remove all bricked up walls
build later blocking such rooms therein, 3)-to investigate scientifically and
certify that which of those or both cenotaphs are fake,4)-to look for a
subterrance storey below the river bank ground level, 5)-to look into after
removing the room-entrance directly beneath the basement cenotaphchamber.6)- by removing the brick and lime barricade flocking the
doorway, 7)-to look for important historical evidence such as idols and
inscriptions hidden inside there by the Shahjahan’s orders as truth may not
make us rich but the same will make us free from superstitions and false
propoganda of some of fundamentalists.
6.
Any other Writ , Order or Direction, Which this Hon’ble Court May
deem fit in the circumstances of the case
Dated-7th September ,2004
Yogesh Kumar Saxena
Advocate, High Court
(Counsel for the Petitioner)
Chamber No.139, High court, Allahabad
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
Annexure No.
Civil Misc. Writ Petition No.
of 2004
(Under Article 226 of constitution of India)
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
Signs of Taj- makers found
H.T. 6th July 2004
The Archaeological Survey of India (ASI) has discovered 671 symbols
and signatures claimedTo pertain to workers who snapped the Taj Mahal
more than 350 years ago.
The inscription, etched on the sandstone facing the boundary wall near
the Yamuna, also includes symbols like the swastika, the trishul, cymbals,
stars
and flowers, superintending archaeologist of the zone D Dayalan said.
Some of the names are etched in Arabic and Persian, while others are in
Devanagri, he said, adding some names occur at many places.
Other boundary walls of the monuments would also be scanned for the
names of workmen, Dayalan said.
PTI, Agra
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
Annexure No.
Civil Misc. Writ Petition No.
of 2004
(Under Article 226 of constitution of India)
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
ADMISSION IN SHAHJAHAN’S OWN BADSHAHNAMA
A CLEAR, unequivocal and disarming admission that the Taj Mahal is a Hindu palace
commandeered for use as a Invader tomb is contained in Shahjahan’s own court chronicle
written by a paid courtier named Mulla Hamid Lahori.
In Elliot and Dowson we are told, “Badshahnama of Abdul Hamid Lahori is a history of
the first twenty years of the reign of Shahjahan…. Abdul Hamid himself says in his preface,
that the Emperor desired to find an author who could write the memories of his reign in the
style of Abdul Fazl’s I Akbarnama. He was recommended to the Emperor for the work, and was
called from Patna, where he was living in retirement, to undertake the composition.” From this
passage it is clear that Mulla Abdul Hamid Lahori wrote the Badshahnama (in Persian) as an
official chronicle at Emperor Shahjahan’s own command. The Persian text in its original from
is published by the Asiatic Society of Bengal. Reproduced elsewhere in this book are pages 403
and 403 of Vol. 1 of this Badshahnama.
There are 22 lines on page 402 and 19 on 403. We have numbered them serially so that
those who cannot read the
1. P. 3 The History of India as Told by its Own Historians. Vol. VII, The Posthumous Paper of
the late Sir H. M. Elliot, K. C. B. edited by Professor John Dowson, M. R. A. S., published
by Kitab Mahal (Private) Ltd. 56-A Zero Road, Allahabad.
2. Persian text of Mulla Abdul Hamid’s Badshahnama, in two volumes, published by the
Asiatic Society of Bengal in the Bibliotheca Indian series. I obtained the Photostat from the
copy in the National Archives, Government of India, in December 1965. Copies of that
publication are available in all-important institutional libraries throughout the world, dealing
with Indian Mediaeval history.
Persian script may follow the line-by-line transcript in the Roman script and later the
line-by-line rendering in English.
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No.
of 2004
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
A TRANSCRIPT OF THE PERSIAN PASSAGE IN ROMAN CHARACTERS (PAGE
402)
1. Har do ra az ham huda mee sakht wa hamin zorhae’ beja beemar shudah
2. Pas az chande dar zindagi e pidar sipare shud, saabiqa chun Fateh Khan
3. Pisare Ambar ba wa seelae Yaminuddoulah Asif Khan arzah dasht mehtawe bar
4. Dowlat khwahi wa hawa jooee firistadah maarooz dashta bood keh ein
5. Khidmatguzar ikhlas shiaar benizammra keh az kotah bini wa shaqawat
6. Guzeenee bad sagaali wa mukhalifate awliya-e-dowlat-e-abad meeaad mee namood
7. Muqavyad sakhteh ummidwari-I marahmi-I badshahi ast, wa dar jawabe aan farman
8. Qazah jiriyan (sic) izze sudoor yafteh bawad keh agar guftar-e-oo farooghe rastee darad
9. Jahan ra az aalaaishe wajoode besawaad-e-oo pak gardaanad chun Fateh Khan
10.Baad az waroode hukme jahan-mutah burhane-be-nizam bad farjam ra khufah namoodeh
11.Shoarat daad keh ba ajalle tabeeyee dar guzasht, wa Hussein nam pisare Darsalae
12.Oora janashin-e-aan badaayeengurdaa need. Wa arzh dashtee mebnee az
13.Haqiqat-e-ein waqueh ba dast-e-Muhammad Ibrahim keh az nowkarane moatamade oo
14.Bood, ba dargahe salateen panah firistad misalelazimul imtisal sabir shud keh
15.Lqbale ra ke ba daroone hisare Dowlatabaad burdeh az quillat-e-azzooqah (supplies) zaayai
khwahand
16.Shud aan ra ba nafais jawahar wa murasseh alat-e-be-nizam hamrahe-pisare
17.Kalane Khood ba rasme peshkash usaal numayad ta multimassate oo, izze qubul yadab
18.Wa ba nanshoore nawazish kahpoh murassah wa da yake Iraqui ba Zin-tila’
19.Deeagare Turkee rah waar ba zin-e-mutalaa’ mashoobe Shukrullah Arab wa Fateh Khan
20.Ba Dow latabaad farishtadand. Oodajiram ba benam-e-chihal hazar roopiah sarfaraz
gardeedeh
21.Rooze-juma’ hafdahum Jamadil awal naashe muqaddase musafire aqleeme
22.Tareeqae hazarat mehd alia Mumtazuzzamaneera keh ba tareeqae a amaanat mudafoon
(PAGE 403):
23.Bood masahoobe Badshehzadae namadaar Muhammad Shah Shuja Bahadur a Wazir Khan.
24.Wa Sati (sic) Unnisa Khanum keh ba mijaz shanasi wa kaardaanee ba darise aolaee pesh
25.Dastee we waqaalat elaan Maalike Jahan malikae Jahaaniyaan raseeh bood, rawane-e
26.Darul khalafae Akbarabad namoodand wahukm shud keh har roz dar rah aash e bisiyar
27.Wa darahim wa dananeere be shumar ba fuqra wa nayazmadaan bibihand, wa zamine dar
28.Nihayat rifaat wa nizaahat keh junoobrooe aan misr jaana astwa
29.Peah az ein Manzil-e Rajah Mansigh bood wadaree waqt ba Rajah Jaisingh
30.Nabirae talluq dasht bara-e-madfan e ann bashist muwaattan bar guzeedand
31.Agarcheh Raja Jaisingh husule ein dawlatra foze azeem danishtanmab
32.Az rooe ahatiyaat keh dar jameeye shewan khususan umoore diniyeh naguzir ast
33.Dar awaz aan aali manzil-e az khalisa e sharfah badoo marahmat farmoodand
34.Baad az raisdane naash be aan shahar-e karamat bahar panz dahun Jamadi Ussanieh
35.Sale aayandane paikare nooranee-e ba aan aamaanee jowhar ba khake pak sipurdeh aamad
36.Wa mutasaddiyan-e darul khilafah ba hukme muallae ajaalatul waqt turbat-e-falak martabate
37.Aan jahan iffatra az nazar poshidand. wa Imaarate-e-aalee shaan wa gumbaze
38.Rafi bunyan keh ta rastakheez dar balandee yadgare himmate gardoon rifaat
39.Hazrate Sahib Qarah-e-saani bashed wa dar ustuwaree namoodare istigamat
40.Azayam banee tarah afganddand wa muhandisane doorbeen wa meamaran-e-saanat
41.Aafreen chihal lakh roopiahi akharajate ein imaarat bar aawurd anmoodand
HERE UNDER IS THE LINE-BY-LINE ENGLISH RENDERING (PAGE 402)
1. Both were separated from one another and with those unjust atrocities fell ill
2. After some time during his father’s time (he) passed away. Prior to this since Fatehkhan
3. Son of Ambar through Yaminuddaulah Asafkhan had submitted a petition
4. Declaring his allegiance and loyalty and praying that this
5. Loyal servant full of sincerity requests that because the shortsightedness and cruelty
6. Ill will and opposition of the royal official came into play.
7. And putting me under rigorous imprisonment – and I hope to receive Royal mercy and in
validity of that death-inflicting
8. Royal order…. has had the honour of being issued and if that statement has any truth in it
9. Then this world should be relieved of the existence of such a person since Fatehkhan
10.After reciving the royal order – obeyed by the world – be advanced arguments and excuses
for his bad administration
11.And publicised it to appear as a natural death Hussain named son of Darsaleh was…
12.Made successor illegally and a petition far from the
13.Reality of this event (was) sent through Mohammad Ibrahim – one of his trusted employees
14.And the court of the Protector of Kings – issued an order which had to be strictly complied
with
15.That the confessor be taken inside Daulatabad fort and starves to death
16.And he with all the splendour and glory and fanfare accompanied by his son
17.Eldest (son) as per tradition be given a send off, so that his requests were accepted
18.And equipped with the gracious charter (order) and with two horses – one Iraqui with golden
saddle
19.The other – Turkish with an ornamental golden saddle through Shukurullah Arab and
Fatehkhan
20.Were sent to Daulatabad – and Udajahan was honoured with a reward of 40,000 rupees –
21.Friday – 15th jamadi-ul-awwal the sacred dead body of the traveller to the kingdom of
heaven, Her
22.Holiness, hazrat Mumtazul Zamani – who was buried temporarily, was sent –
(PAGE 403)
23.Accompanied by prince Mohammad Shah Shuja Bahadur, Wazir Khan –
24.And Satium Nisa Khanam – who knew the temperament of the (deceased) so intimately
25.And was well versed in the job and represented the views of the queen of queens etc.
26.Was brought to the capital Akbarabad (Agra) and an order was issued that very day
27.During the journey countless coins be distributed among the fakirs and needy, The site
28.Covered with a majestic magnificent lush garden, to the south of the great city and
29.Amidst which (garden) the building known as the palace (Manzil) of Raja Mansingh, at
present owned by Raja Jaisingh,
30.Grandson (of Mansingh), was selected for the burial of the Queen whose abode is in heaven
31.Although Raja Jaisingh valued it greatly as his ancestral heritage and property, yet he would
have been agreeable to part with it gratis for the Emperor Shahjahan
32.(Still) out of sheer scrupulousness so essential in matter of bereavement and religious
(thinking it improper to take his palace gratis)
33.in exchange of that (aali Manzil) grand palace, he (Jaisingh) was granted a piece of
government land
34.After the arrival of the dead body in that great city (Agra) on 15th Jamadul Saniya
35.Next year that illustrious body of the heavenly Queen was laid to rest
36.The officials of the capital, according to the royal order of the day, under the sky-high lofty
mausoleum
37.Hid (the body of) that pious lady from the eyes of the world, and this Palace (Imarat-eAalishan) so majestic and (capped) with a dome
38.So lofty that in its stature (it) is a memorial to the courage of sky-dimensions
39.(of) Sahib Qarani SANI – (the king) and in strength so might
40.In his resolution so firm – the foundation was laid and geometricians with far sight and
archietects of talent
41.Incurred an expenditure of Rs. 40 lakhs on this building
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No.
of 2004
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
Paying due compliments and respects to his father Emperor Shahjahan, Aurangzeb states
in the letter, it was a written in 1652 A. D. stating therein that the repair is needed to the old
building complex. Had the Taj Mahal been a building completed in 1653 it would not have
fallen to the lot of a chance, lone visitor like Aurangzeb to notice the defects and order repairs
in 1652.
I reached (Akbarabad, i.e. Agra) on Thursday, 3rd of Moharam Mukram. On arrival I
called on Badshahzada Jahanbani (i.e. the elder Prince Dara) in the garden of Jahanara. In that
splendourous house surrounded by springing verdure I enjoyed their company and inquired
about everybody’s well-being. I stayed in the garden of Mahabat Khan.
Next day it being a Friday. I went to pay my homage to the sacred grave which had been
laid in Your Majesty’s presence. Those (i.e. cenotaph, grave etc.) are in good shape, strong and
solid but the dome over the grave leaks at two or three places during the rainy – season on the
northern side. Similarly several royal rooms on the second storey, and jamposh of the bigger
dome have all asborbed water through seepage and drip water during the current monsoon
season at several places. All these I have got temporarily repaired.
But I wonder what will happen to the various domes, the mosque, the community hall,
etc. during subsequent rainy seasons. They all need more elaborate repairs. I feel that the second
storey roof needs to be opened up and re-dome with mortar, brick and stone. Repairs to the
smaller and bigger domes would save these palatial building from decadence. It is hoped that
Your Majesty will look into the matter and order necessary action.
The Mehtab garden is innundated and looks desolate. Its scenic beauty will reappear only
when the floods recede.
That the rear portion of the building complex remains safe is a mistery. The stream
keeping away from the rear wall has prevented damage.
“On Saturday too I visited the spot and then I called on the Prince (Dara) who also paid
me a return visit. Then taking leave of all I resumed my journey (to take charge as governor of
the Deccan) on Sunday and today the 8th instant I am in the vicinity of Dholpur….”
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No.
of 2004
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
Details in respect of the Hindu Identity of Different Buildings/Monuments
Agra the Taj Mahal
That this symphony in marble was a royal Hindu palace. Its very name Taj Mahal signifies
nothing more or less. Its octagonal shape and the cupolas and four towers at the plinth
corners are all Hindu features. Havell, the English architect has all along stressed that the Taj
is an entirely Hindu structure in design and execution. The four towers used to sport multicoloured lights. The Taj precincts are a huge building complex encompassing over three
hundred rooms. The locality was known as Jaisinghpur. This ornate marble trelliswork
entirely in the Hindu style now encloses tow tombs believed to be those of Mumtaz and
Shahjahan .The network was stuffed with rare gems. Traditional accounts tell us that this
enclosure had silver doors and gold railings to boot. Even Shahjahan’s and Mumtaz’s
palaces never boasted of such fabulous fixtures when the pair was alive and kicking from the
imperial throne. How come then that when Mumtaz died (1630 A.D.) all this wealth
descended on earth all of a sudden. Far from that this expensive and resplendent enclosure
was made to house the dazzling Hindu peacock throne that throne, wrongly credited to
Shahjahan, came to his possession when he dispossessed the Taj Mahal’s last Rajput owner
Jai Singh of this fabulous ancient Hindu palace.
The Marble Screen at the Taj -The Gateway of Taj
That the gateway leading to the Taj garden is like any other Hindu gateway tallying in every
detail with those of other forts and palaces depicted. The tiny domes over these gateways in
a row invariably make an odd figure like 5,7,9, or 11,since in Hindu tradition the odd figure
is preferred to the even. For instance donors give away 101,501,1001 rupees but never an
even figure.
That 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.
Delhi Gate, Agra Fort, Anguri Bagh, Agra fort
That this gateway of the Red Fort Agra is entirely in the traditional Rajput styles. Like many
other Rajput forts this too had elephant images flanking it. Emperors Kanishka and Ashok
made use of this fort in the pre-Christian era. All its interior apartments too are of the
exclusive Rajput variety. The version which ascribes authorship of this fort to Akbar, is a
piece of court flattery. All its gateways have Hindu names. In addition to elephant images
this fort had images of Rajput horses. The Anguri bagh pavilion inside Agra fort proves that
the geometrical pattern garden has Rajput origins. Note the arches, the pillars, the brackets,
the cupola at the right, the curved ceiling partly visible adjoining the cupola, which are all
Rajput characteristics.
Golden Pavilion, Agra fort
That the cupola in the top left-hand corner, the curved roof, and the spikes on it vividly
depicts that this Golden Pavilion in Agra’s Red Fort was built by the Rajputs for the Rajputs.
Diwan-I-Aam, Agra fort
That the so-called Diwan-I-Aam or hall of public audience inside Agar fort has neither
domes nor minarets. Its graceful arches and slender pillars is still the pattern for Hindu
pandals raised for auspicious ceremonies. Invader tradition has always avoided such Hindu,
‘infidel’ patterns. Theirs are grotesque, tortuous shapes. The Red Fort in Delhi too has an
identical pavilion.
Statue of Akbar’s Horse
That this replica believed to be of Akbar’s horse is in fact an earlier Rajput horse. Akbar, a
Invader ordered no statues. Rajputs were known to erect elephant and horse statues. Those
slyly attributing the construction of Agra Fort to Akbar had Willy nilly also to thrust upon
him the erection of ‘infidel’ statues.
Statue of Amar Singh’s Horse Outside Agra Fort
That this horse head belongs to pre Invader times. It commemorates a brave steed. There
were ever so many Amar Singhs in Rajput history. The invented story that this replica is
Moghul wrought and is of the horse on which Amar Singh galloped away in a huff from the
Moghul court takes for granted that the lay visitor has hardly the time or the necessary
grounding in history to debunk such canards.
Tomb of Sadiq Khan
That this truncated corner tower cum-bastion of a demolished Rajput palace standing in
splendid isolation was later used to shelter Sadiq Khan’s corpse. That should not, however
blind visitors to the fact that this monument was part of a Rajput palace. Its niches, the
arched entrances and the upper floor all show that it was meant to be a place for the living.
Jahangiri Mahal, Agra fort
That the entrance to the so-called Jahangiri Mahal inside Agra fort is of the typical Rajput
design and workmanship. Usurpation and centuries of occupation resulted in Moghul names
being given to earlier captured Rajput buildings. Gullible Western Scholarsm lacking
indigenous insight perpetuated the myth of Invader authorship of buildings misled by their
names and latest associations. They hardly cared whether a building was attributed to a
Fakirchand or a Fakir Mohammad.
Jama Masjid, Agra
That all so called mediaeval Jama Masjids in India were earlier main (Jama) temples of the
town. This so-called Jama Masjid in the centre of Agra was a Rajput citadel with ladies
apartments and an underground passage to the fort. It has a huge basement too. The
inscription crediting its construction to Jahanara Begum is an interpolation. Jahanara an
unmarried lady who spent her sorrowing life in the smothering confines of the Invaders
purdah nursing her imprisoned and deposed father Shahjahan, had hardly any money left
with her. Even for two square meals a day she was at the mercy of her wily and hardhearted
brother Aurangzeb.
Salim Chisti Tomb, Fatehpur Sikri
That this so-called Salim Chisti tomb in Fatehpur Sikri is clearly an ornate Rajput temple.
Note the two round stone flower emblems on either side of the arch, and the curving
brackets. In the right background is the typical Rajput gateway capped by cupolas. The lotus
shaped fountain base in the foreground tank is also reminiscent of Rajput ownership. This
ornamental pillar Pillar supporting Akbar’s Throne in Diwan-I-Khas with a narrow circular
perch on top approached by four stone-slab bridges in Fatehpur Sikri could as well have
been a royal Rajput bathroom while concocted Akbar legends claim it to be a throne room.
But throne rooms in Akbar’s time were not as tiny as a Pigeon house.
Hiran Minar, Fatehpur Sikri
That this so called Hiran Minar infront of the Hathi Pol gate of Fatehpur Sikri is falsely
claimed to mark the burial of a pet deer (Hiran) of Akbar .We ask whether the deer had
whispered a dying wish in Akbar’s ear to be commemorated with a fat Hindu temple lamp
post? The bristles were used to support oil lamps Such pillars are common infront of Hindu
Temples and palaces. The spiraling staircase inside leading to the cupola on top remins one
of the so called Kutub Minar in Delhi which have proved to be of Hindu origin. This tower
was known as ‘Hiranmaya’ since it sparkled like gold when it bristled with flames of
hundreds of lamps hung on it. That Sanskrit word has been deftly twisted to be stuffed into
the concocted Akbar legend.
Buland Darwaza, Fatehpur Sikri
That this towering gateway in Fatehpur Sikri is currently known to us as Buland Darwaza.It
is a typical Rajput Township. The stone flower emblems flanking the arch are an
unmistakable sign of its Hindu origin. The three big cupolas and the 13 tiny ones in front in
a row on the terrace front are of the exclusive Rajput design. The slender pillars spiked at the
top were used for hoisting flags. Such pillars are a part of almost all-mediaeval Rajput
monuments. The stone flower emblems are invariably present on all Hindu homes and
temples of the orthodox design, while they never exist on genuine mosques.
Itmad-ud-Daulah’s Tomb
That this interior mural decoration in the so called Itmad-ud-Daulah tomb ,Agra is no
different from that found the pre-Invader Ambar palace in Jaipur,which proves that the
building was an earlier Rajput palace.
So-called Akbar’s Mausoleum at Sikandra
That every arch, supporting brackets and capping cupola of this mansion consisting of pile
upon pile of pavilions proves to the hilt that it was a Rajput palace. Euphemistically called
Sikandra ever since Sikandar Lodi a Pathan ruler lived in it, this mansion six miles to the
north of Agra is known to posterity as Akbar’s tomb. Akbar lay ill and died here.
Gateway Sikandra
That this is the majestic gateway to Sikandra Palace. The mansion inside was turned into a
tomb after Akbar’s death. It was built by the Rajputs centuries before Invader invaders
launched on a career of vandalism and usurpation. The four towers rising above the gateway
are replicas of the Taj Mahal towers. The mosaic flooring of the mansion has the esoteric
Hindu Shakti-Chakra (interlocked triangles) inlaid in it by the dozen. Invader funeral rites
admit of no such design.
Salabat Khan’s Mausoleum, Agra
That this Salabat Khan’s mausoleum is a truncated Rajput pavilion allotted to Khan for his
residence. On his death he was buried there.
Ganesh Pol Ambar Palace, Jaipur
That it was built around 984 A.D.,it had obviously no Invader influence. The gates of all
extant mediaeval monuments in India are similar to the Ganesh Pol. Gates of Mosques and
tombs in west Asian countries are also of identical design. This proves that far from Indian
mediaeval monuments having being designed or ordered by Invader potentates and
craftsmen, it was West Asian monuments, which were designed and executed by Indian
technicians as recorded by Mohammed Ghazni and Taimurlang. That incidentally it may
also be pointed out that the recorded fact of Mohammed Ghazni having been buried in his
own palace in Ghazni (1030 A.D.) also proves that all so called Invader tombs whether in
India or in West Asian countries are usurped palaces which they occupied during their life
times. That this Shish Mahal inside the Ambar fortress in Jaipur was built (about 984. A.D.)
Centuries before the founding of Invader Kingdoms in India. Its ornate inlay work is no
different from that in what are believed to be mediaeval Invader mosques and tombs. It
proves two things; firstly that the so-called tombs and mosques were of Rajput origin and
secondly that they were intended for the living not for the dead.
Palace Garden Ambar
That this pavilion and the garden in the Ambar Palace with its spiked and curved roof, the
graceful Hindu arch and the geometrical design in the foreground is typical of all mediaeval
buildings. Ambar which lies three miles away from modern Jaipur, was founded not later
than 984 A.D. That was much before alien Invaders established their principalities in India.
Thatreaders not acquainted with legal procedure might then ask as to whether there is any
documentary evidence available to prove that the fort was built by the Hindus in the prechristian era. The answer to this is that the immense Hindu evidence that existed in the form
of Hindu idols, inscriptions and documents in the archives of ancient Hindu kings was all
looted and destroyed when Mohammad Ghazni first raided the red fort in the early part of
the 11th century and again when the fort remained under continued Invader occupation from
1526 to about 1760 A.D. If the owner of a building is forced out of his mansion and the
aggressor remains in occupation for several centuries will the owner find his record intact on
obtaining possession of his mansion after several centuries?
Iron Pillar near the Qutub Tower
That the iron pillar bearing a Hindu inscription has been standing un-rusted through rain and
shine for milleniums beside the so–called Qutub Minar amidst the surrounding temples
battered by Invader hordes. Qutubuddin could never have brought piles of material and dug
a sprawling foundation for the stone tower called (Qutub) inside the narrow confines of
surrounding temples and other building work. Dislodged stones bearing Hindu images on
one side and Arab lettering on the other found the so called Qutub Tower also prove that
Invader conquerors staked false claim to Hindu monuments through sculptural forgeries.
Qutub Minar
That this 238 ft. tall tower euphemistically called Kutub Minar was erected by King
Vikramaditya for astronomical observation centuries before Islam was even founded. The
adjoining township called Mehrauli is the corrupt form the Sanskrit term Mihira-Awali
meaning the Mihira Township. Mihira was Vikramaditya’s royal mathematician-cumastronomer-cum meteorologist. Even the Arabic term Kutub Minar signifies an astronomical
tower. Kutub and Kutubuddin was a subsequent unwitting mix-up. Around the tower were
27 constellation temples which Kutubuddin’s inscription vaunts to have destroyed. The
tower too has 27 flutings. Near the first storey ceiling are 27 holes one in each is likely. True
to the significance of the term Kutub, this Tower’s entrance faces due north.
Quwat-ul-Islam Mosque
That turned into a mosque called Quwat-ul-Islam the rows of ornamental pillars of this
monument by the side of the so-called Qutub Tower are a clear proof of its having been a
Hindu temple. No genuine mosque has ever such pillars lest reciters of Namaz standing and
bending with half-closed eyes inadvertently break their heads against them.
Nizam-ud-din Tomb
That the ornamental Hindu style pillars in the white marble structure turned into Nizamuddin
Tomb. The arch on the right and parts of arches visible on either side of the dome are clear
proof that this haphazard conglomerate of heterogeneous buildings was a part of an ancient
Hindu township stormed by invading Invader armies. Fakirs like Nizamuddin following in
their wake used to take up residence in the ruins of battered buildings for preaching Islam to
terrorize ‘infidels’. On their death they used to be buried in the ruins where they lived. That
is why tombs like those of Nizamuddin and Bakhtiar Kaki in Delhi, Salim Chisti in Fatehpur
Sikri and of Moinuddin Chisti in Ajmer present a mix-up of Hindu structure devoid of any
coherent plan. Around the Nizamuddin tomb in Delhi are fanciful halls called Chausath
Khamba, crumbling walls, bastions, towers, decadent graves, cellars ,plinths and cornices
which are remnants of the stormed Hindu township still remembered by the term KeelUkhri(Kilokri). Keel used to be the central pillar erected when a Hindu township was
planned. Since it got up-rooted in the Invader assault that area came to be known as Kilokri.
So called Humayun’s Tomb
That just about half a mile away from this building known as Humayun Tomb is the narrow
staircase from which Humayun the second generation Moghul emperor fell, in Delhi. He
was carried to his palace say contemporary chronicles. This was the palace he was carried to
and it was there that he died a few days later. He was buried in the central chamber where he
lay ill as has happened throughout Invader history in India. This solves the tantalizing riddle
why we have tombs but apparently no palaces of luxury-steeped pleasure-seeking alien
potentates. This monument still forms part of Jaipur Estate in Delhi. It is surrounded by
ruined walls, annexes, guesthouses, and guardrooms. An arcade of arches leads to it. Closeby is a huge annexes euphemistically called Arab-ki-Serai deriving its name from the times
that invading Arab hordes encamped in it .The entire grounds are littered with graves of
invading Invader soldiers slain by Hindu defenders. Before being turned into a tomb
Humayun as a usurper lived in this sprawling Hindu captured palace which was the focal
point of the ruined township since known as Kilokri. The nearby ruins in which Fakir
Nizamuddin lies buried were a part of this huge Hindu citadel.
Roshanara Garden
That this is believed to be the tomb of Roshanara, the daughter of the last powerful Moghul
emperor Aurangzeb. Note that it has neither domes nor minarets. Instead it has ornamental
pillars, Hindu arches and cupolas. Very parsimonious and hardhearted as the Hindu-baiter
Aurangzeb was he would hardly spend any money on a Hindu style resting-place for his
daughter’s corpse. Obviously, therefore, this is a usurped Hindu garden palace
commandeered to serve as a tomb as was usual in those times.
Fatehpuri Mosque
That this so called Fatehpuri Mosque at one end of Delhi’s crowded Chandni Chowk
highway was a pre-Invader Rajput temple of the city’s guardian and royal deity Lord
Shankara alias Eklingaji. Its entrance arches have the Hindu stone flower emblems on either
side of the apex. The word ‘Fatehpuri’ means a conquered (Hindu) township. The marble
slab on the red-stone entrance proclaiming it to be a mosque is evidently as interpolation.
The monuments, arches and pillars and cupolas are entirely of Hindu Rajput style. The socalled mosque’s rental revenue is all derived exclusively from Hindu shops swarming its
fringes. This proves that while the stalls remained with the Hindu their temples fell a victim
to conquest and conversion.
Mausoleum of Safdar Jang
That this so called Safdarjang tomb in Delhi was an ancient Rajput palace which devolved
on the Invader aristocracy through conquest .It has an ornamental Rajput style gateway and a
protective wall with watch-towers and bastions which are superfluous for a genuine tomb.
Safdarjang, an ex-chief Minister of the Nawab of Oudh had been disgraced and dismissed
prior to his death. Who would foot the bill to build a palace for an unemployed deceased
nobleman’s corpse? A little prodding with two sharp questions brings down the entire
illusory structure of tall Invader claims to Hindu building-work. We ask that if Safdarjang’s
corpse could afford such a stupendous palace he should have had at least ten palaces when
living. But there is none. The other question is that if his heir and successor built this palace
for the corpse of the deceased Safdarjang the former must himself have had tens of palaces
in Delhi. But he too had none. Our answer to this riddle is that Safdarjang and in fact all
alien Invader rulers and noblemen were buried in their own palaces.
Diwan-I-Khas, Red Fort, Delhi
That contrary to popular belief the Red Fort in Delhi is a very ancient structure. Prithviraj
used to stay in this Lalkot (red palace). Saffron and ochre are colours sacred to the Hindus,
but avoided by Invaders The main highway of Delhi known as Chandni Chowk connects the
Red Fort with the royal and guardian deity’ temple now turned into Fatehpuri Mosque.
Around this axis was built Old Delhi protected by a massive wall. According to Akbarnama
and the Agni Purana, Delhi was built by the Hindu King Anagpal around 372 A.D. before
founding of Islam.
Imambadas in Lucknow
The so called Imambadas in Lucknow for instance are ancient Hindu places which are being
merrily ascribed to this or that alien Invader nawab who subjugated that part of Hindusthan.
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No.
of 2004
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
THE ANCIENT AND HISTORICAL MONUMENTS AND ARCHAEOLOGICAL
SITES AND REMAINS (DECLARATION OF NATIONAL IMPORTANCE) ACT, 1951.
Act NO.LXXI OF 1951
An Act to declare certain ancient historical monuments and archaeological sites and remains in
Part A States and Part B States to be of national importance and to provide for certain matters
connected therewith.
[28th November, 1951]
BE it enacted by Parliament as follows:-1.Short title.--This Act may be called the Ancient and Historical Monuments and
Archaeological Sites and Remains (Declaration of National Importance) Act, 1951.
2.Declaration of certain monuments and archaeological sites and remains to be of national
importance.--The ancient and historical monuments referred to or specified in Part I of the
Schedule and the archaeological sites and remains referred to or specified in Part II thereof
fare hereby declared, respectively, to be ancient and historical monuments and archaeological
sites and remains of national importance.
3.Application of Act VII of 1904 to ancient monuments, etc., declared to be of national
importance.-- All ancient and historical monuments and al archaeological sites and
remains declared by this Act to be of national importance shall be deemed to be protected
monuments and protected areas, respectively, within the meaning of the Ancient Monuments
Preservation Act, 1904, and the provisions of that Act shall apply accordingly to the ancient
and historical monuments or archaeological sites and remains, as the case may be, and shall
be deemed to have so applied at all relevant times.
--------------THE SCHEDULE
(See section 2)
PART I
Ancient and Historical Monuments
I.All ancient and historical monuments in Part A States and Part B States with, before the
commencement of this Act, have either been declared by the Central Government , to be
protected monuments within the meaning of the Ancient Monuments Preservation Act,
1904, or which have been taken possession of by the Central Government as protected
monuments.
II.The following ancient and historical monuments in Part B states not covered by Item
No.I immediately preceding:-------------------------------------------------------------------------------------------------------------------------------Serial No.
Name of monument
Locality
-------------------------------------------------------------------------------------------------------------------------------HYDERABAD STATE
District Aurangabad
1.
Ajanta caves...
Ajanta.
2.
Aurangabad Caves
Aurangabad
3.
Daulatabad Fort and Monuments therein (e.g.Chand Minar)
Daulatabad
4.
Ellora Caves
Ellora
5.
Pithalkhora Caves
Pithalkhora
6.
Tomb of Aurangzeb
Khuldabad
7.
Tomb of Malik Ambar
Do.
8.
Tomb of Rabia Daurani (Bibi-ka-Maqbara)
Aurangabad
District Bidar
9.
Baihmani Tombs
Ashtur
10.
Barid Shahi Tombs
Bidar City
11.
Bidar Fort
Do.
12.
Madrasa Mahmud Gawan
Do.
District Gulbarga
13.
Gulbarga Fort and Great Mosque in the Fort
Gulbarga
14.
Hafth Gumbad Tomb of Firoz Shah
Do.
District Hyderabad
15.
Char Minar
Hyderabad City
16.
Golconda Fort and Tombs
Golconda
District Parbhani
17.
Naganath Temple
Aundha
District Raichur
18.
Alampur Temples
Alampur
19.
Mahadev Temple
Ittagi
District Warangal
20.
Ramappa Temple
Palampet
21.
Thousand Pillar Temple
Hanamkonda
22.
Warangal Fort , Defences and Gateways
Warangal
MADHYA BHARAT STATE
District Bhilsa
1.
Athakhamba
Gyaraspur
2.
Bajramath
Do.
3.
Hindola Torana
Do.
4.
Maladevi Temple
Gyaraspur
5.
Bara Khambi
Udyapur
6.
Pisnarika Temple
Do.
7.
Udayeshwar Mahadeva Temple
Do.
8.
Bhimagaja
Pathari
9.
Caves
Do.
10.
Bijamandal Mosque
Bhilsa
11.
Lohangi Hill Capital
Do.
12.
Caves 1 to 20
13.
Dashavatara Temple
14.
Gadarmal Temple
15.
Jain Temple
16.
Sola Khambi
17.
Khamb Baba (Heliodoras Pillar)
18.
Brick Temple (two)
19.
Open Air Museum
20.
Fort
District Dewas
21.
Siddheshwar Temple
22.
Unfinished Temple
District Dhar
23.
Adar Gumbaz
24.
Alamgir Gate
25.
Ancient Hindu Baodi
26.
Ancient Hindu well
27.
Andheri Baodi
28.
Ashrafi Mahal
29.
Baz Bahadur's palace
30.
Bhagwania Gate
31.
Bhangi Gate
32.
Champa Baodi
33.
Chhapan Mahal
34.
Chistikhan's Mahal
35.
Chor Kot
36.
Chorakot Mosque
37.
Nahar Jharokha Compound
38.
Daika Mahal
39.
Daike Chhote Behan ka Mahal
40.
Darya Khan's tomb
41.
Delhi Gate
42.
Dharmashalla
43.
Dilawarkhan's Mosque
44.
Ek-khamba Mahal
45.
Gadhasa's Palace
46.
Gadhasa's shop
47.
Gadi Dharmaja
48.
Hammam
49.
Hathi Gate
50.
Hathi Mahal
51.
Hindola Mahal
52.
Hoshang's tomb
53.
Jahaz Mahal
54.
Jahangirpur Gate
55.
Jama Masjid
56.
Kali Baodi
57.
Kapoor Talao and the ruins on its banks
58.
Lal Bag
59.
Lal Bungalow
60.
Lohani Caves
61.
Lohani Gate
62.
Jali Mahal
63.
Nahar Jharoka
64.
Mahmud's tomb
65.
Malik Moghi's Mosque
66.
Mosque near Sopi Tanka
67.
Mosque near Tarapur Gate
Udaygiri
Badoh
Do.
Do.
Do.
Besnagar
Kherat
Do.
Ater
Nemawar
Do.
Mandu
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Mandu
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
68.
Mosque north-west of Daryakhan's tomb
69.
Nameless Tomb
70.
Nameless Tomb
71.
Nameless Tomb
72.
Nameless Tomb
73.
Neelkanth
74.
Rampol Gate and the Mosque opposite to it
75.
Royal Palaces
76.
Rupmati Pavilion
77.
Caravan Sarai
78.
Sarai near Daryakhan's Tomb
79.
Sat Kothari Cave
80.
Somoti Kund
81.
Songarh Gate
82.
Tarapur Gate
83.
Teveli Mahal
84.
Tomb and Mosque attached
85.
Tomb north of Almgir Gate
86.
Tomb north of Daryakhan's Tomb
87.
Tower of Victory
88.
Tripolia Gate
89.
Ujali Baodi
90.
Water Palace
91.
Bhoja Shala and Kamal Maula's Mosque
92.
Lakti Masjid
93.
Buddhist Caves 1to7
94.
Water Palace
District Gwalior
95.
Mahadeva Temple
96.
Tila Monument
97.
Tomb of Mohammad Ghaus
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Dhar
Do.
Bagh
Sadalpur
Amrol
Pawaya
Gwalior
District Guna
98.
99.
Jain Temple 1 to 5
Chanderi Fort and:
Bada Madarasa
Battisi Baodi
Badal Mahal gateway
Jama Masjid
Kati Ghati
Koshak Mahal
Nizam-ud-din's tomb
Shahjadi-ka-Roza
100.
Mohajamata temple
101.
Monastery
102.
Torana gate
103.
Monastery
104.
Temples 2 to 7
District Gwalior
105.
Gwalior fort:
Chaturbhuj temple
Mansingh's Palace
Rock out Jain colossi
Sas Bahu temples
Teli ka Mandir
District Khargone
Budhi Chander
Chanderi
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Terahi
Do.
Do.
Kadwaha
Do.
Gwalior
Do.
Do.
Do.
Do.
106.
Ballaleshwar
107.
Chaubara Dera
108.
Gupteshwar
109.
Jain temples 1 to 3
110.
Temples of Mahakaleshwar 1 and 2
111.
Temple of Nilakantheshwar
District Mandasor
112.
Brahmanical Rockcut temples
113.
Buddhist Caves
114.
Nau Torana temple
115.
Yasodharman's Pillars of Victory
District Murena
116.
Ekottarso Mahadeva temple
117.
Gadhi
118.
Kakanmadh temple
119.
Temple
120.
Temple 1 to 22
District Sivapuri
121.
Large Shiva temple
122.
Small Shiva temple
123.
Monastery
124.
Monastery
125.
Open air museum
126.
Shiva temple
127.
Surwaya Gadhi
Un
Do.
Do.
Do.
Do.
Do.
Dhamnar
Do.
Khor
Sondni
Mitaoli
Padhavli
Suhania
Padhavli
Naresar
Mahua
Do.
Ranod
Surwaya
Do.
Do.
Do.
MYSORE STATE
District Bangalore
1.
Aprameyaswami Temple
Malur
2.
Ashurkhana
Doddaballapur
3.
Cenotaph
Bangalore
4.
Old Dungeon Fort and Gates
Do.
5.
Tipu Sultan's Palace
Do.
6.
Fort
Devanahalli
7.
Tipu Sultan's Birthplace
Do.
8.
Syed Ibrahim's Tomb or Bada Makkan
Channapatna
District Chitaldrug
9.
Akkatangi temple and Asoka inscription on Emmethammananagundu Siddapur
10.
Asoka inscriptions
Brahmagiri
11.
Fortress and temples on the hill
Chitaldrug
12.
Hariharesvara temple
Harihar
13. Inscription and Jatingi, Rameswar temple Jatingi Ramesvara
Hill
14.
Santhebagilu and Rangayyanabagilu with preserved bastions Chitaldrug
District Hashan
15.
Adinatha Basti
Halebid
16.
Hoysalesvara temple
Do.
17.
Kedaresvara temple
Do.
18.
Parsvanatha Basti
Do.
19.
Santhinatha Basti
Do.
20.
Akkana Basti
Sravanabelgola
21.
Chandragupta Basti
Do.
22.
Chavundaraya Basti
Do.
23.
Gomatesvara
Do.
24.
Inscriptions
Do.
25.
Parsvanatha Basti
Do.
26.
Buchesvara temple
Koravangala
27.
Fort and Dungeons
Manjarabad
28.
29.
30.
31.
32.
33.
34.
Isvara temple
Kalyani
Kesava temple and inscriptions
Lakshmidevi temple
Lakshminarasimha temple
Sadashiva temple
Nagesvara and Chennakesava temple
Arsikere
Hulikere
Belur
Doddagaddavalli
Nuggehalli
Do.
Mosale
District kadur
35.
Amritesvara temple
36.
Yupastambha and Isvara temple
37.
Vidyasankara temple
38.
Viranarayana temple
District Kolar
39.
Bhoganandisvara temple
40.
Tipu's Palace
41.
Yoganandisvara temple
42.
Haidar Ali's Birthplace
43.
Kolaramma temple
44.
Mokhbara (Mausoleum of Hyder Ali's father)
45.
Somesvara temple
46.
Ramalingesvara temples and inscriptions
District Mysore
47.
Arkesvara temple
48.
Gaurisvara temple
49.
Kesava temple
50.
Kirthinarayana temple
51.
Vaidyesvara temple
52.
Lakshmikanta temple
53.
Mallikarjuna temple
54.
Ramesvara temple
55.
Sidlu Mallikarjuna temple
56.
Sri kantesvara temple
57.
Sri Vijayanarayana temple
District Mandya
58.
Colonel Bailey's Dungeon
59.
Daria Daulat Bagh
60.
Gumbaz containing tomb of Tipu Sultan
61.
Jumma Masjid
62.
Obelisk Monuments and Fort walls near the breach
63.
Spot where Tipu's body was found
64.
Sri Kanthivara Statue in Narasimha temple
65.
Sri Ranganathasvami temple
66.
T.Innman's Dungeon
67.
Kesava temple
68.
Lakshminarasimha temple
69.
Lakshmi narayana temple
70.
Lakshmi narayana temple
71.
Narayanasvami temple
72.
Panchakuta Basti
73.
Panchalingesvara temple
74.
Temples
District Shimoga
75.
Aghoresvara temple
76.
Anekal temple
77.
Somesvara temple
78.
Trimurthinarayana temple
Amritapura
Hiremagalur
Sringeri
Belavadi
Nandi Hills
Do.
Do.
Budikote
Kolar
Do.
Do.
Avani
Hale Alur
Yelandur
Somanathapur
Talkad
Do.
Mullur
Basral
Narasamangala
Bettadapur
Nanjangud
Gundlupet
Seringapatam
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Nagamangala
Marehalli
Hosaholalu
Sindhaghatta
Melkote
Kambadahalli
Govindanahalli
Tonnur
Ikkeri
Bandalike
Do.
Do.
79.
Bastis and inscriptions
80.
Bherundesvara temple
81.
Kedaresvara temple
82.
Tripurantesvara temple
83.
Devaganga ponds
84.
Fort
85.
Fort
86.
Fortress and Renuka temple
87.
Inscribed pillar
88.
Inscribed pillar
89.
Pranavesvara temple
90.
Jain basti with Brahmadeva Pillar
91.
Kaitabhesvara temple
92.
Parsvanatha Basti
93.
Ramesvara temple
94.
Mallikarjuna and Ramesvara temples
95.
Musafirkhana and Honda
96.
Palace site outside Fort
97.
Ramesvara temple
98.
Ramesvara temple
99.
Shahji's tomb
100.
Shivappa Naik's fort
101.
Temples and inscriptions
102.
Ditto.
District Tumkur
103.
Channigaraya temple
104.
Fort
105.
Jumma Masjid
106.
Mallik Rihan Darga
107.
Kedaresvara temple
108.
Onennakesava temple
PATIALA AND EAST PUNJAB STATES UNION
District Bhatinda
1.
Bhatinda fort
District Kandaghat
2.
Pinjaur gardens and monuments of Fidai Khan
RAJASTHAN STATE
District Alwar
1.
Gumbad Khan-i-Khana
2.
Siva temple
District Banswara
3.
Neel Kantha Mahadeva's temple
4.
Siva temple and Ruins
5.
Sun temple
District Bharatpur
6.
Akbar's Chhatri
7.
Ancient Fort with its monuments
8.
Brahmabad Idgah
9.
Islam Shah's Gate
10.
Jahangir's Gateway
11.
Jhajri
12.
Lodhi's Minar
13.
Saraj Sad-ul-lah
14.
Usha Mandir
15.
Chaurasi Khamba temple
16.
Colossal image of Yaksha
Huncha
Belgavi
Do.
Do.
Basavanabyane
Chennagiri
Kavaledurga
Chandragutti
Malavalli
Talagunda
Do.
Melagi
Kubatur
Do.
Do.
Kadkalsi
Santhebennur
Nagar
Keladi
Kudli
Hodigere
Nagar
Udri
Kuppagadde
Aralaguppe
Madhugiri
Sira
Do.
Nagalapura
Do.
Bhatinda
Pinjaur
Alwar
Do.
Banswara
Arthuna
Talwara
Bayana
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Kaman
Noh
17.
18.
19.
20.
21.
22.
23.
Deeg Bhawans (palace)
Looted Gun
Marble Jhoola
Delhi Gate
Fateh Burj near Anah Gate
Jawahar Burj and ashtadhatu gateway
Lal Mahal
Deeg
Do.
Do.
Bharatpur Fort( outside )
Bharatpur
Bharatpur Fort ( inside )
Rupvas
District Bikaner
24.
Bhandasar Jaina Temple
Bikaner
25.
Fort Bhatner
Hanumangarh
26.
Jain temple of Susani Goddess
Morkhena village
27.
Pallu Jaina sculptures
Bikaner
District Bundi
28.
Wall paintings of Hardoti school in the palace
Bundi
District Dholpur
29.
Jogni jogna temple
Dholpur
30.
Sher Garh Fort
Do.
District Dungarpur
31.
Jaina Temple inscription
Baroda
32.
Somnath temple
Dev Somnath
District Jaipur
33.
Banjaron ki Chhatri containing two pillars similar to the railing pillars Lalsote
of Bharhut stupa.
34.
Baori
Abaneri
35.
Harsat Mata-ka-Mandir
Do.
36.
Baories old
Todaraisingh
37.
Kala Pahar temple
Do.
38.
Kalyanraiji's temple
Do.
39.
Laxmi Narainji's temple
Do.
40.
Pipaji's temple (near dispensary)
Do.
41.
Bisal Deoji's temple
Bisalpur
42.
Fresco paintings in the Ambar Palaces (personal property of the AmbarMaharaja).
43.
Harshnath temple
Harshnath-Sikar
44.
Jama Masjid
Ambar
45.
Laxmi Narainji's temple
Do.
46.
Sri Jagat Siromaniji temple
Do.
47.
Sun temple
Do.
48.
Hathi Batha
Kakore
49.
Inscription in Fort
Nagar
50.
Mand Kila Tal inscription
Do.
51.
Yupa pillars in Bichpuria temple
Do.
52.
Inscription
Panwar
53.
Jain temple
Sawai Madhopur Alanpur
54.
Persian inscription in a Baori
Do.
55.
Punderikji ki Haveli-Paintings in a room
Brahmpure
56.
Ranthambhore fort
Ranthambhore
57.
Temple containing frescoes paintings
Gultaji
58.
Yupa pillars recovered from mounds
Barnala
District Jaisalmer
59.
Fort including ancient temples
Jaisalmer
District Jhalawar
60.
Buddhist Caves
Hathiagor
61.
Buddhist Caves, Pillars, Idols
Kolvi (Dag)
62.
Buddhist Caves and pillars
Binnayaga (Dag)
63.
Caves of Naranjani, etc
Do.
64.
Old temples near the Chandrabhaga
Jhalrapatan
District Jodhpur
65.
Fort
Mandore
District Karauli
66.
Wall Paintings in the palaces of Maharaja Gopal Lal
Karauli
District Kotah
67.
68.
69.
70.
71.
72.
Old temples, statues and inscriptions
Siva temples and two unpublished Gupta inscriptions
Temple (12 century)
Temple, fort wall and statues
Temple with inscriptions
Yupa pillars
Shergarh
Charchoma
Baran
Dara or Mukandara
Kanswa
Badva
District Udaipur
73.
74.
75.
76.
77.
Fort of chitor as a whole
Fort of Kumbhalgarh as a whole
Maha Kal and two other temples
Rock inscription (12th century )
Sas Bahu temples
SAURASHTRA STATE
1.
Ananteshwar temple
2.
Ashokan Rock
3.
Caves
4.
Darbargadh Halvad
5.
Dhank Caves
6.
Gop temple
7.
House where Mahatma Gandhi was born and Kirti Mandir
8.
Inscription in the Harsata Mata temple
9.
Jain Temples
10.
Jama Masjid
11.
Jami Masjid and Rahimat Masjid, Raveli Masjid
12.
Navlakha temple and Step well
13.
Navlakha temple
14.
Neminath temple with 3 inscriptions V.S.1333, 35, 39
15.
Nilakantha temple
16.
Pindara, Durvasa Rishi's Ashram and its site
17.
Ra Khengar Mahal (temple)
18.
Ranak Devi's temple
19.
Sun temple
20.
Surya temple
21.
Talaja Caves
22.
TemplesAdishwar temple
Balabhai's temple
Bhulavani temple
Chaumukha temple
Dalpet Bhai and Bhagu Bhai's shrine
Keshwaji Nayak temple
Moti Shah's Tuk temple
Nandeshwara Dipa temple
Panch Pandava temple
23.
Vastupal Temple
24.
Varaha Mandir
Chitor
Kumbhalgarh
Bijholi
Do.
Nagada
Anandpur
Junagadh
Do.
Halvad
Dhank
Gop
Porbandar
Veraval
Talaja
Veraval
Mangrol
Ghumli
Sejakpur
Mt.Girnar
Anandpur
Pindara
Mt.Girnar
Wadhwan
Than
Sutrapada
Talaja
Shatrunjay Hill
Junagadh
Kadwar
TRAVANCORE-COCHIN STATE
District Trichur
1.
Mural Paintings (16-17th Century) on the walls of the
Trichur
TenKailasanatha temple
2.
Mural Paintings (16-17th Century) on the walls of the Mattancheri
town
Palace
3.
Mural Paintings (16-17th Century) on the walls of the Siva Temple
Thiruvanchikulam
4.
Mural Paintings (17-18th Century) on the walls of the Srikoil of
The Siva Temple at Chemmanthatta
5.
Mural Paintings on the walls of the Srikoil of the Pallimanna temple
Vadakkanchery
6.
Mural Paintings on the walls of the Sriramaswami temple
7.
Mural Paintings of the 17th-18th century on the walls of the Srikoils
of the Siva Temple at Peruvanam; and wooden bracket images of a
still earlier period on the Srikoils of the same shrine.
8.
Twenty-nine wooden bracket images on the outer walls of the
Srikoil of the Vishnu temple at Katavallur and other works of art in
the same shrine
Mattancheri
Eyyal
Triprayar
Oorakam
Katavallur
PART II
Archaeological sites and remains
I.All archaeological sites and remains in Part A States and Part B States which ,
before the commencement of this Act, have either been declared by the Central Government to
be protected areas or whch have been taken possession of by the Central Government as
protected areas.
II.The following archaeological sites and remains in Part B States not covered by
Item No.I immediately preceding :-------------------------------------------------------------------------------------------------------------------------------Serial
Name of archaeological sites or remains.
Locality
No.
-------------------------------------------------------------------------------------------------------------------------------HYDERABAD STATE
District Aurangabad
1.
Ancient mound
District Gulbarga
2.
Prehistoric site
3.
Ditto
District Medak
4.
Ancient mound
Paithan
Evathalli
Rajankallur
Kondspur
District Raichur
5.
6.
7.
Ancient mound
Ancient mound
Prehistoric site
Kopbal
Maski
Benkal
District Warangal
8.
Prehistoric site
MADHYA BHARAT STATE
Janampet
District Bhilsa
1.
2.
3.
Ancient site
Buddhist stupa
Ruins of Gupta temple
Besnagar
Gyaraspur
Udaygiri
District Dhar
4.
5.
Ruins in Bhoipura
Ruins on the west of Rewa Kund
District Newar
Mandu
Do.
6.
Excavated site
Kasrawad
District Gird
7.
Ancient site
Pawya
District Ujjain
8.
Ancient mounds, viz., Bhairon Gadh, Vaishya Tekri,Kumbhar Tekri Ujjain
MYSORE STATE
District Bangalore
1.
Prehistoric site
2.
Ditto
3.
Ditto
4.
Ditto
District Chitaldrug
5.
Prehistoric site
6.
Ditto
District Kolar
7.
Prehistoric site
8.
Prehistoric site
Chikjala
Hejjala
Managondana-halli
Sevandurga
Brahmagiri
Chandravalli
Hunkunda District Mysore
Kittur
RAJASTHAN STATE
District Alwar
1.
Ancient remains
2.
Ancient site
Pandrupol
Bhangadh
District Banswara
3.
Ancient remains
District Bharatpur
4.
Ancient Mound
5.
Ditto
Vithal Deva
Malah
Noh
District Bikaner
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Ancient mounds}
Ditto
}
Ditto
}
Ditto
}
Ditto
}
Ditto
}
Ditto
}
Ditto
}
Ancient mounds (3)
Ancient mound
Ancient mound
Ancient mounds (2)
Ancient mound
Ancient mounds (2)
Ancient mound
Ancient mounds
Badopal
Bhadrakali
Bhannar Theri
Dhokal
In the neighbourhood of Suratgarh town Manak
Munda
Peer Sultan
Rang Mahal
Kalibanga
Pilibanga
Baror ( Anupgarh Tahsil )
Binjor(Anupgarh Tahsil )
chak 86 (Do.)
Mathula (Do.)
Tarkhanewala-Dewa (Do.)District Bundi
Nainwa, Lakheri and Keshwarai Patan
District Jaipur
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
Ancient mound
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Devapura Barodia mounds
Excavated site
Ditto
Excavated site
Abaneri
Bundwali-Doongri
Gariagarh (Newai)
Maheshra
Nagar
Raniwas
Sikrai
Jhalai
Nagar
Rairh (Newai)
Bairat and Sambhar
District Jaisalmer
33.
Ancient site
District Jhalawar
34.
Ancient ruins
35.
Ditto
District Kotah
36.
Ancient ruins and structural remains
37.
Ruins of temples
District Udaipur
38.
Ancient ruins
39.
Ditto
40.
Ditto
SAURASHTRA STATE
1.
Ancient mound
2.
Ditto
3.
Ditto
4.
Ditto
5.
Ditto
Lodruva Patan
Dalsagar Ganga Dhar
Dudhaliya (Dag)
Krishnavilas
Artu or Ganesh Ganj
Kalyanpur
Nagari
Badoli
Darbargadh Shihor
Intwa
Rangpur
Sejakpur
Valabhipur
TRAVANCORE-COCHIN STATE
1.
Ariyannur Umbrellas.A prehistoric site consisting of seven or Ariyannur
more Kudakals or umbrella stones.
2.
3.
4.
5.
6.
7.
Burial cave of Chovannur
Chovannur
Burial cave of Eyyal
Eyyal
Burial cave of Kandanasseri
Kandanasseri
Burial cave of Kattakampal
Kattakampal
Burial cave of Kakkad
Kunnamkulam
Kudakallu Parambu.A prehistoric site consisting of 50 to 60
Cheramanagad
Kudakals or umbrella monuments.
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No.
of 2004
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
THE ANCIENT MONUMENTS PRESERVATION ACT, 1904
ACT NO.7 OF 1904
[AS ON 1957]
An Act to provide for the preservation of Ancient Monuments and of objects of archaeological,
historical, or artistic interest.
[18th March 1904.]
WHEREAS it is expedient to provide for the preservation of ancient monuments, for the
exercise of control over traffic in antiquities and over excavation in certain places, and for the
protection and acquisition in certain cases of ancient monuments and of objects of
archaeological, historical or artistic interest; It is hereby enacted as follows:—
1.Short title and extent.- (1) This Act may be called the Ancient Monuments Preservation Act,
1904.
{ Subs.by the A.O.1950, for sub-section (2).}[(2) It extends to the whole of India {Subs.by Act
3 of 1951, s.3 and Sch., for " except Part B States ".} [except the State of Jammu and
Kashmir].]
2.Definitions.- In this Act, unless there is anything repugnant in the subject or context,—
(1) " ancient monument " means any structure, erection or monument or any tumulus or place
of interment, or any cave, rock-sculpture, inscription or monolith, which is of historical,
archaeological or artistic interest, or any remains thereof, and includes—
(a) the site of an ancient monument;
(b) such portion of land adjoining the site of an ancient monument as may be required for
fencing or covering in or otherwise preserving such monument; and
(c) the means of access to and convenient inspection of an ancient monument:
(2) "antiquities" include any moveable objects which {Subs.by the A.O.1937, for " the
Govt.".} [the Central Government], by reason of their historical or archæological associations,
may think it necessary to protect against injury, removal or dispersion:
(3) " Commissioner " includes any officer authorized by {Subs.ibid., for "the L.G."} [the
Central Government] to perform the duties of a Commissioner under this Act:
(4) " maintain " and " maintenance " include the fencing, covering in, repairing, restoring
and cleansing of a protected monument, and the (doing of any act which may be necessary for
the purpose of maintaining a protected monument or of securing convenient access thereto:
(5) " land " includes a revenue-free estate, a revenue-paying estate, and a permanent
transferable tenure, whether such estate or tenure be subject to incumbrances or not: and
(6) " owner " includes a joint owner invested with powers of management on behalf of himself
and other joint owners, and any manager or trustee exercising powers of management over an
ancient monument, and the successor in title of any such owner and the successor in office of
any such manager or trustee:
Provided that nothing in this Act shall be deemed to extend the powers which may lawfully be
exercised by such manager or trustee.
3.Protected monuments.- (1) The { Subs.by the A.O.1937, for " L.G.".} [Central Government]
may, by notification in the Official Gazette, declare an ancient monument to be a protected
monument within the meaning of this Act.
(2) A copy of every notification published under sub-section (1) shall be fixed up in a
conspicuous place on or near the monument, together with an intimation that any objections to
the issue of the notification received by the { Subs.by the A.O.1937, for " L.G.".} [Central
Government] within one month from the date when it is so fixed up will be taken into
consideration.
(3) On the expiry of the said period of one month, the { Subs.by the A.O.1937, for " L.G.".}
[Central Government], after considering the objections, if any, shall confirm or withdraw the
notification.
(4) A notification published under this section shall, unless and until it is withdrawn, be
conclusive evidence of the fact that the monument to which it relates is an ancient monument
within the meaning of this Act.
Ancient Monuments
4.Acquisition of rights in or guardianship of an ancient monument.-(1) The Collector, with
the sanction of the { Subs.by the A.O.1937, for "L G".} [Central Government], may purchase
or take a lease of any protected monument.
(2) The Collector, with the like sanction, may accept a gift or bequest of any protected
monument.
(3) The owner of any protected monument may, by written instrument, constitute the
Commissioner the guardian of the monument, and the Commissioner may, with the sanction of
the {Subs.by the A.O.1937, for " L.G.".}[Central Government], accept such guardianship.
(4) When the Commissioner has accepted the guardianship of a monument under sub-section
(3), the owner shall, except as expressly provided in this Act, have the same estate, right, title,
and interest in and to the monument as if the Commissioner had not been constituted guardian
thereof.
(5) When the Commissioner has accepted the guardianship of a monument under sub-section
(3), the provisions of this Act relating to agreements executed under section 5 shall apply to the
written instrument executed under the said sub-section.
(6) Where a protected monument is without an owner, the Commissioner may assume the
guardianship of the monument.
5.Preservation of ancient monument by agreement.- (1) The Collector may, with the
previous sanction of { Subs.by the A.O.1937, for " the L.G "} [the Central Government],
propose to the owner to enter into an agreement with {Subs, ibid., for "the Secretary of State for
India in Council''.}[the Central Government] for the preservation of any protected monument in
his district.
(2) An agreement under this section may provide for the following matters, or for such of them
as it may be found expedient to include m the agreement:—
(a) the maintenance of the monument;
(b) the custody of the monument, and the duties of any person who may be employed to watch
it;
(c) the restriction of the owner's right to destroy, remove, alter or deface the monument or to
build on or near the site of the monument;
(d) the facilities of access to be permitted to the public or to any portion of the public and to
persons deputed by the owner or the Collector to inspect or maintain the monument;
(e) the notice to be given to {Subs.ibid., for "the Govt.".}the Central Government in case the
land on which the monument is situated is offered for sale by the owner, and the right to be
reserved to {Subs.ibid., for "the Govt.".}[the Central Government] to purchase such land, or
any specified portion of such land, at its market-value;
(f) the payment of any expenses incurred by the owner or by {Subs.by the A.O.1937, for " the
Govt.".}[the Central Government] in connection with the preservation of the monument;
(g) the proprietary or other rights which are to vest in Government in respect of the monument
when any expenses reinsured by {Subs.by the A.O.1937, for " the Govt."} [the Central
Government] in connection with the preservation of the monument;
(h) the appointment of an authority to decide any dispute arising out of the agreement; and
(i) any matter connected with the preservation of the monument which is a proper subject of
agreement between the owner and {Subs.by the A.O.1937, for " the Govt.".}[the Central
Government].
{Sub-section (3) omitted ibid.}
(4) The terms of an agreement under this section may be altered from time to time with the
sanction of {Subs., ibid., for " the L.G.".} [the Central Government] and with the consent of
the owner.
(5) With the previous sanction of {Subs., ibid., for " the L.G.".}[the Central Government], the
Collector may terminate an agreement under this section on giving six months notice in writing
to the owner.
(6) The owner may terminate an agreement under this section on giving six months' notice to
the Collector.
(7) An agreement under this section shall be binding on any person claiming to be owner of the
monument to which it relates, through or under a party by whom or on whose behalf the
agreement was executed.
(8) Any rights acquired by {Subs., ibid., for " Govt.".}[the Central Government] in respect of
expenses incurred in protecting or preserving a monument shall not be affected by the
termination of an agreement under this section.
6.Owners under disability or not in possession.- (1) If the owner is unable, by reason of
infancy or other disability, to act for himself, the person legally competent to act on his behalf
may exercise the powers conferred upon an owner by section 5.
(2) In the case of village-property, the headman or other village-officer exercising powers of
management over such property may exercise the powers conferred upon an owner by section 5.
(3) Nothing in this section shall be deemed to empower any person not being of the same
religion as the persons on whose behalf he is acting to make or execute an agreement relating to
a protected monument which or any part of which is periodically used for the religious worship
or observances of that religion.
7.Enforcement of agreement.- (1) If the Collector apprehends that the owner or occupier of a
monument intends to destroy, remove, alter, deface, or imperil the monument or to build on or
near the site thereof in contravention of the terms of an agreement for its preservation under
section 5, the Collector may make an order prohibiting any such contravention of the
agreement.
(2) If an owner or other person who is bound by an agreement for the preservation or
maintenance of a monument under section 5 refuses to do any act which is in the opinion of the
Collector necessary to such preservation or maintenance, or neglects to do any such act within
such reasonable time as may be fixed by the Collector, the Collector may authorize any person
to do any such act, and the expense of doing any such act or such portion of the expense as the
owner may be liable to pay under the agreement may be recovered from the owner as if it were
an arrear of land-revenue.
(3) A person aggrieved by an order made under this section may appeal to the Commissioner,
who may cancel or modify it and whose decision shall be final.
8.Purchasers at certain sales and persons claiming through owner bound by instrument
executed by owner.- Every person who purchases, at a sale for arrears of land-revenue or any
other public demand, or at a sale made under the Bengal Patni Taluks Regulation, 1819,
(Ben.Reg., 8 of 1819) an estate or tenure in which is situated a monument in respect of which
any instrument has been executed by the owner for the time being, under section 4 or section 5
and every person claiming any title to a monument from, through or under an owner who
executed any such instrument, shall be bound by such instrument.
9.Application of endowment to repair of an ancient monument.- (1) If any owner or other
person competent to enter into an agreement under section 5 for the preservation of a protected
monument, refuses or fails to enter into such an agreement when proposed to him by the
Collector, and if any endowment has been created for the purpose of keeping such monument in
repair, or for that purpose among others, the Collector may institute a suit in the Court of the
District Judge, or, if the estimated cost of repairing the monument does not exceed one
thousand rupees, may make an application to the District Judge for the proper application of
such endowment or part thereof.
(2) On the hearing of an application under sub-section (1), the District Judge may summon and
examine the owner and any person whose evidence appears to him necessary, and may pass an
order for the proper application of the endowment or of any part thereof, and any such order
may be executed as if it were the decree of a Civil Court.
10.Compulsory purchase of ancient monument.- (1) If the {Subs.by the A.O 1937, for "
L.G.".}[Central Government] apprehends that a protected monument is in danger of being
destroyed, injured or allowed to fall into decay.{Subs., ibid., for " the L.G.may proceed to
acquire it ".}[the Central Government may direct the State Government to acquire it] under the
provisions of the Land Acquisition Act, 1894, (1 of 1894)as if the preservation of a protected
monument were a " public purpose " within the meaning of that Act.
(2) The powers of compulsory purchase conferred by sub-section (1) shall not be exercised in
the case of—
(a) any monument which or any part of which is periodically used for religious observances; or
(b) any monument which is the subject of a subsisting agreement executed under section 5.
(3) In any case other than the cases referred to in sub-section (2) the said powers of compulsory
purchase shall not be exercised unless the owner or other person competent to enter into an
agreement under section 5 has failed, within such reasonable period as the Collector may fix in
this behalf, to enter into an agreement proposed to him under the said section or has terminated
or given notice of his intention to terminate such an agreement.
{ Ins.by Act 18 of 1932, s.2.}[10A.Power Central Government to control mining, etc., near
ancient monument.- (1) If the{Subs.by the A.O 1937, for " L.G.".} [Central Government] is of
opinion that mining, quarrying, excavating, blasting and other operations of a like nature should
be restricted or regulated for the purpose of protecting, or preserving any ancient monument, the
{Subs.by the A.O 1937, for " L.G.".}[Central Government] may, by notification in the Official
Gazette, make rules—
(a) fixing the boundaries of the area to which the rules are to apply,
(b) forbidding the carrying on of mining, quarrying, excavating, blasting or any operation of a
like nature except in accordance with the rules and with the terms of a licence, and
(c) prescribing the authority by which, and the terms on which, licences may be granted to carry
on any of the said operations.
(2) The power to make rules given by this section is subject to the condition of the rules being
made after previous publication.
(3) A rule made under this section may provide that any person committing a breach thereof
shall be punishable with fine which may extend to two hundred rupees.
(4) If any owner or occupier of land included in a notification under sub-section (1) proves to
the satisfaction of the {Subs.by the A.O.1937, for " L, G.".} [Central Government] that he has
sustained loss by reason of such land being so included, the {Subs.by the A.O.1937, for " L,
G.".} [Central Government] shall pay compensation in respect of such loss.]
11.Maintenance of certain protected monuments.- (1) The Commissioner shall maintain
every monument in respect of which the Government has acquired any of the rights mentioned
in section 4 or which the Government has acquired under section 10.
(2) When the Commissioner has accepted the guardianship of a monument under section 4, he
shall, for the purpose of maintaining such monument, have access to the monument at all
reasonable times, by himself and by his agents, subordinates and workmen, for the purpose of
inspecting the monument, and for the purpose of bringing such materials and doing such acts as
he may consider necessary or desirable for the maintenance thereof.
12.Voluntary contributions.- The Commissioner may receive voluntary contributions towards
the cost of maintaining a protected monument and may give orders as to the management and
application of any funds so received by him:
Provided that no contribution received under this section shall he applied to any purpose other
than the purpose for which it was contributed.
13.Protection of place of worship from misuse, pollution or desecration.- (1) A place of
worship or shrine maintained by the Government under this Act shall not be used for any
purpose inconsistent with its character.
(2) Where the Collector has, under section 4, purchased or taken a lease of any protected
monument, or has accepted a gift or bequest, or the Commissioner has, under the same section,
accepted the guardianship thereof, and such monument, or any part thereof, is periodically used
for religious worship or observances by any community, the Collector shall make due provision
for the protection of such monument or such part thereof, from pollution or desecration—
(a) by prohibiting the entry therein, except n accordance with conditions prescribed with the
concurrence of the persons in religious charge of the said monument or part thereof, of any
person not entitled so to enter by the religious usages of the community by which the monument
or part thereof is used, or
(b) by taking such other action as he may think necessary in this behalf.
14.Relinquishment of Government rights in a monument.- With the sanction of {Subs.,
ibid., for " Govt." } [the Central Government], the Commissioner may—
(a) where rights have been acquired by {Subs., ibid., for " Govt." } [the Central Government] in
respect of any monument under this Act by virtue of any sale, lease, gift or will, relinquish the
rights so acquired to the person who would for the time being be the owner of the monument if
such rights had not been acquired; or
(b) relinquish any guardianship of a monument which he has accepted under this Act.
15.Right of access to certain protected monuments.- (1) Subject to such rules as may after
previous publication be made by { Subs.by the A.O.1937, for " the L.G.".} [the Central
Government], the public shall have a nut right of access to any monument maintained by
{Subs., ibid., for " the Govt." } [the Central Government] under this Act.
(2) In making any rule under sub-section (1) {Subs.by the A.O.1937, for " the L.G.".} [the
Central Government] may provide that a breach of it shall be punishable with fine which may
extend to twenty rupees.
16.Penalties.- Any person other than the owner who destroys, removes, injures, alters, defaces
or imperils a protected monument, and any owner who destroys, removes, injures, alters,
defaces or imperils a monument maintained by {Subs., ibid., for " Govt." }[the Central
Government] under this Act or in respect of which an agreement has been executed under
section 5, and any owner or occupier who contravenes an order made under section 7, subsection (1), shall be punishable with fine which may extend to five thousand rupees, or with
imprisonment which may extend to three months, or with both.
Traffic in Antiquities
17.Power to Central Government to control traffic in antiquities.- (1) If the Central
Government apprehends that antiquities that are being sold or removed to the detriment of India
or of any neighbouring country, it may, by notification {For notification, see Gazette of India,
1917, Pt.I, p 989.} in the Official Gazette, prohibit or restrict the bringing or taking by sea or
by land of any antiquities or class of antiquities described in the notification into or out of
{Subs.by Act 3 of 1951.3 and Sch., for " the territories for the time being comprised within Part
A States and Part C States ".}[the territories to which this Act extends] or any specified part of
{Subs.by the A.O.1950.for " the Provinces ".} [the said territories].
(2) Any person who brings or takes or attempts to bring or take any such antiquities into or out
of {Subs.by the A.O.1950.for " the Provinces ".} [the said territories] or any part of {Subs.by
the A.O.1950.for " the Provinces ".} [the said territories] in contravention of a notification
issued under sub-section (1), shall be punishable with fine which may extend to five hundred
rupees.
(3) Antiquities in respect of which an offence referred to in sub-section (2) has been committed
shall be liable to confiscation.
(4) An officer of Customs, or an officer of Police of a grade not lower than Sub-Inspector, duly
empowered by the {Subs.by the A.O.1937, for "L.G." }[Central Government] in this behalf,
may search any vessel, cart or other means of conveyance, and may open any baggage or
package of goods, if he has reason to believe that goods in respect of which an offence has been
committed under sub-section (2) are contained therein.
(5) A person who complains that the power of search mentioned in sub-section (4) has been
vexatiously or improperly exercised may address his complaint to the {Subs.by the A.O.1937,
for "L.G." }[Central Government], and the {Subs.by the A.O.1937, for "L.G." }[Central
Government] shall pass such order and may award such compensation, if any, as appears to it to
be just.
Protection of Sculptures, Carvings, Images, Bas-reliefs, Inscriptions or like objects.
18.Poweer to Central Government to control moving of sculptures , carvings or like
objects.- (1) If {Subs., ibid.for " the L.G.".} [the Central Government] considers that any
sculptures, carvings, images, bas-reliefs, inscriptions or other like objects ought not to be
moved from the place where they are without the sanction of {Subs., ibid., for " the Govt."}
[the Central Government], {Subs., ibid.for " the L.G.".} [the Central Government] may, by
notification in the Official Gazette, direct that any such object or any class of such objects shall
not be moved unless with the written permission of the Collector.
(2) A person applying for the permission mentioned in subsection (1) shall specify the object or
objects which he proposes to move.and shall furnish, in regard to such object or objects, any
information which the Collector may require.
(3) If the Collector refuses to grant such permission, the applicant may appeal to the
Commissioner, whose decision shall be final.
(4) Any person who moves any object in contravention of a notification issued under subsection (1), shall be punishable with fine which may extend to five hundred rupees.
(5) If the owner of any property proves to the satisfaction of {Subs.by the A.O.1937 for " the
L.G."}[the Central Government] that he has suffered any loss or damage by reason of the
inclusion of such property in a notification published under sub-section (1), {Subs.by the
A.O.1937 for " the L.G."}[the Central Government] shall either—
(a) exempt such property from the said notification;
(b) purchase such property, if it be moveable, at its market - value; or
(c) pay compensation for any loss or damage sustained by the owner of such property, if it be
immoveable.
19.Purchase of sculptures, carvings or like objects by the Government.- (1) If {Subs.by the
A.O.1937 for " the L.G."} [the Central Government] apprehends that any object mentioned in a
notification issued under section 18, sub-section (1), is in danger of being destroyed, removed,
injured or allowed to fall into decay, {Subs.by the A.O.1937 for " the L.G."} [the Central
Government] may pass orders for the compulsory purchase of such object at its market-value,
and the Collector shall thereupon give notice to the owner of the object to be purchased.
(2) The power of compulsory purchase given by this section shall not extend to—
(a) any image or symbol actually used for the purpose of any religious observance; or
(b) anything which the owner desires to retain on any reasonable ground personal to himself or
to any of his ancestors or to any member of his family.
{The heading and ss.20, 20A, 20B and 20C subs.by Act 18 of 1932, s.3, for the original heading
and s.20 Power of Central Government to notify areas as protected.}
[Archaeological Excavation]
20.Power of Central Government to notify areas as protected.-(1) If the Central
Government {The words " after consulting the L.G." omitted by the A.O.1937.} of opinion that
excavation for archaeological purposes in any area should be restricted and regulated in the
interests of archaeological research, the Central Government may, by notification in the Official
Gazette specifying the boundaries of the area, declare it to be a protected area.
(2) From the date of such notification all antiquities buried in the protected area shall be the
property of the Government and shall be deemed to be in the possession of the Government,
and shall remain the property and in the possession of the Government until Ownership thereof
is transferred; but in all other respects the rights of any owner or occupier of land in such area
shall not be affected.
20A.Power to enter upon and make excavations in a protected area.- (1) Any officer of the
Archaeological Department or any person holding a license under section 20B may, with the
written permission of the Collector enter upon and make excavations in any, protected area.
(2) Where, in the exercise of the power conferred by sub-section (1), the rights of any person
are infringed by the occupation or disturbance of the surface of any land, {Subs.by the
A.O.1937, for "the Govt.".}[the Central Government] shall pay to that person compensation for
the infringement.
20B.Power of Central Government to make rules regulating Archaeological excavation in
protected areas.- (1) The Central Government may make rules {For such rules, see Gazette of
India, 1934, Pt.I, p.1103.}—
Power of Central Government to make rules regulating archaeological excavation in
protected areas.
(a) prescribing the authorities by whom licences to excavate for archæological purposes in a
protected area may be granted;
(b) regulating the conditions on which such licences may be granted, the form of such licences,
and the taking of security from licensees;
(c) prescribing the manner in which antiquities found by a licensee shall be divided between
{Subs.by the A.O.1937, for "Govt.".}[the Central Government] and the licensee; and
(d) generally to carry out the purposes of section 20.
(2) The power to make rules given by this section is subject to the condition of the rules being
made after previous publication.
(3) Such rules may be general for all protected areas for the time being, or may be special for
any particular protected area or areas.
(4) Such rules may provide that any person committing a breach of any rule or of any condition
of a licence shall be punishable with fine which may extend to five thousand rupees, and may
further provide that where the breach has been by the agent or servant of a licensee the licensee
himself shall be punishable.
20C.Power to acquire a protected area.- If the Central Government is of opinion that a
protected area contains an ancient monument or antiquities of national interest and value, it may
direct the State Government to acquire such area, or any part thereof, and the State Government
may thereupon acquire such area or part under the Land Acquisition Act, 1894, as l o for a
public purpose.]
General
21.Assessment of market-value or compensation.- (l) The market-value of any property
which Government is empowered to purchase at such value under this Act, or the {The words "
amount of " omitted by Act 18 of 1932, s.4.} compensation to be paid by Government in respect
of anything done under this Act, shall, where any dispute arises {Subs.by s.4, ibid., for "
touching the amount }[in respect] of such market-value or compensation, be ascertained in the
manner provided by the Land Acquisition Act, 1894, sections 3, 8 to 34, 45 to 47, 51and 52, so
far as they can be made applicable:
Provided that when making an inquiry under the said Land Acquisition Act, 1894, the Collector
shall be assisted by two assessors' one of whom shall be a competent person nominated by the
Collector, and one a person nominated by the owner or, in case the owner fails to nominate an
assessor within such reasonable time as may be fixed by the Collector in this behalf, by the
Collector.
22.Jurisdiction.- A Magistrate of the third class shall not have jurisdiction to try any person
charged with an offence against this Act.
23.Power to make rules.- (1) The Central Government {The words " or the L G." omitted by
the A.O.1937.} may make rules for carrying out any of the purposes of this Act.
(2) The power to make rules given by this section is subject to the condition of the rules being
made after previous publication.
24.Protection to public servants acting under Act.- No suit for compensation and no
criminal proceeding shall lie against any public servant in respect of any act done, or in good
faith intended to be done, in the exercise of any power conferred by this Act.
THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No.
of 2004
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL
SITES AND REMAINS ACT, 1958
Act NO.24 OF 1958
[28th August, 1958]
An Act to provide for the preservation of ancient and historical monuments and archaeological
site and remains of national importance, for the regulation of archaeological excavations and for
the protection of sculptures, carvings and other like objects.
BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:PRELIMINARY
1.Short title, extent and commencement.- (1) This Act may be called the Ancient Monuments
and Archaeological Sites and Remains Act, 1958.
(2) It extends to the whole of India, but sections 22, 24, 25 and 26 shall not apply to the State of
Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint.
2.Definitions.- In this Act unless the context otherwise requires-,
(a) "ancient monuments" means any structure, erection or monument, or any tumulus or place
of interment, or any cave, rock-sculpture, inscription or monolith, which is of historical,
archaeological or artistic interest and which has been in existence for not less than one hundred
years, and includes(i) the remains of an ancient monument.
(ii) the site of an ancient monument,
(iii) such portion of land adjoining the site of an ancient monument as may be required for
fencing or covering in or otherwise preserving such monument, and
(iv) the means of access to, and convenient inspection of, an ancient monument;
(b) "antiquity" includes(i) any coin, sculpture , manuscript, epigraph, or other work of art or craftsmanship.
(ii) any article, object or thing detached from a building or cave,
(iii) any article, object or thing illustrative of science, art, crafts, literature, religion, customs,
morals or politics in bygone ages,
(iv) any article, object or thing of historical interest, and
(v) any article, object or thing declared by the Central Government, by notification in the
Official Gazette, to be an antiquity for the purposes of this Act.
which has been in existence for not less than one hundred years;
(c) "archaeological officer" means an officer of the Department of Archaeology of the
Government of India not lower in rank than Assistant Superintendent of Archaeology;
(d) "archaeological site and remains" means any area which contains or is reasonably
believed to contain ruins or relics of historical or archaeological importance which have been in
existence for not less than one hundred years, and includes(i) such portion of land adjoining the area as may be required for fencing or covering in or
otherwise preserving it, and
(ii) the means of access to, and convenient inspection of, the area;
(e) "Director-General" means the Director-General of Archaeology, and includes any officer
authorised by the Central Government to perform the duties of the Director-General;
(f) "maintain, with its grammatical variations and cognate expressions, includes the fencing,
covering in, repairing, restoring and cleansing of a protected monument, and the doing of any
act which may be necessary for the porpoise of preserving a protected monument or of securing
convenient access thereto;
(g) "owner" includes-
(i) a joint owner invested with powers of management on behalf of himself and other joint
owners and the successor-in-title of any such owner; and
(ii) any manager or trustee exercising powers of management and the successor-in-office of any
such manager or trustee;
(h) "prescribed" means prescribed by rules made under this Act;
(i) "protected area" means any archaeological site and remains which is declared to be of
national importance by or under this Act;
(j) "rotected monument" means an ancient monument which is declared to be of national
importance by or under this Act.
ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS
OF NATIONAL IMPORTANCE
3.Certain ancient monuments, etc., deemed to be of national importance.- All ancient and
historical monuments and all archaeological sites and remains which have been declared by the
Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of
National Importance) Act, 1951 (71 of 1951), or by section 126 of the States Reorganisation
Act, 1956 (37 of 1956), to be of national importance shall be deemed to be ancient and
historical monuments or archaeological sites and remains declared to be of national importance
for the purposes of this Act.
4.Power of Central Government to declare ancient monuments, etc., to be of national
importance.- (1) Where the Central Government is of opinion that any ancient monument or
archaeological site and remains not included in section 3 is of national importance, it may, by
notification in the official Gazette, give two months' notice of its intention to declare such
ancient monument or archaeological site and remains to be of national importance; and a copy
of every such notification shall be affixed in a conspicuous place near the monument or site and
remains, as the case may be.
(2) Any person interested in any such ancient monument or archaeological site and remains
may, within two months after the issue of the notification, object to the declaration of the
monument, or the archaeological site and remains, to be of national importance.
(3) On the expiry of the said period of two months, the Central Government may after
considering the objections, if any, received by it, declare by notification in the Official Gazette,
the ancient monument or the archaeological site and remains, as the case may be, to be of
national importance.
(4) A notification published under sub-section (3) shall, unless and until it is withdrawn, be
conclusive evidence of the fact that the ancient monument or the archaeological site and
remains to which it relates is of national importance for the purposes of this Act.
PROTECTED MONUMENTS
5.Acquisition of rights in a protected monument.- (1) The Director-General may, with the
sanction of the Central Government, purchase, or take a lease of, or accept a gift or bequest of,
any protected monument.
(2) Where a protected monument is without an owner, the Director-General may, by notification
in the Official Gazette, assume the guardianship of the monument.
(3) The owner of any protected monument may, by written instrument, constitute the DirectorGeneral the guardian of the monument, and the Director-General the guardian of the monument,
and the Director-General may, with the sanction of the Central Government, accept such
guardianship.
(4) When the Director-General has accepted the guardianship of a monument under sub-section
(3), the owner shall, except as expressly provided in this Act, have the same estate, right, title
and interest in and to the monument as if the Director-General had not been constituted a
guardian thereof.
(5) When the Director-General has accepted the guardianship of a monument under sub-section
(3), the provisions of this Act relating to agreements executed under section 6 shall apply to the
written to agreements executed under the said sub-section.
(6) Nothing in this section shall affect the use of any protected monument for customary
religious observations.
6.Preservation of protected monument by agreement.- (1) the Collector, when so directed by
the Central Government, shall propose to the owner of a protected monument to enter into an
agreement with the Central Government within a specified period for the maintenance of the
monument.
(2) An agreement under this section may provide for all or any of the following matters,
namely:(a) the maintenance of the monument:
(b) the custody of the monument and the duties of any person who may be employed to watch
it;
(c) the restriction of the owner's right(i) to use the monument for any purpose,
(ii) to charge any fee for entry into, or inspection of, the monument,
(iii) to destroy, remove, alter or deface the monument, or
(iv) to build on or near the site of the monument;
(d) the facilitates of access to be permitted to the public or any section thereof or to
archaeological officers or to persons deputed by the owner or any archaeological officer or the
Collector to inspect or maintain the monument;
(e) the notice to be given to the Central Government in case the land on which the monument is
situated or any adjoining land is offered for sale by the owner, and the right to be reserved to the
Central Government to purchase such land, or any specified portion of such land, at its market
value;
(f) the payment of any expenses incurred by the owner or by the Central Government in
connection with the maintenance of the monument;
(g) the proprietary or other rights which are to vest in the Central Government in respect of the
monument when any expenses are incurred by the Central Government in connection with the
maintenance of the monument;
(h) the appointment of an authority to decide any dispute arising out of the agreement; and
(i) any matter connected with the maintenance of the monument which is a proper subject of
agreement between the owner and the Central Government.
(3) The Central Government or the owner may, at any time after the expiration of three years
from the date of execution of an agreement under this section, terminate it on giving six months'
notice in writing to the other party:
Provided that where the agreement is terminated by the owner, he shall pay to the Central
Government the expenses, if any, incurred by it on the maintenance of the monument during the
five years immediately preceding the termination of the agreement or, if the agreement has been
in force for a shorter period, during the period the agreement was in force.
(4) An agreement under this section shall be binding on any person claiming to be the owner of
the monument to which it relates, from, through or under a party by whom or on whose behalf
the agreement was executed.
7.Owners under disability or not in possession.- (1) If the owner of a protected monument is
unable, by reason of infancy or other disability, to act for himself, the person legally competent
to act on his behalf may exercise the powers conferred upon an owner by section 6.
(2) In the case of village property, the headman other village-officer exercising powers of
management over such property may exercise the powers conferred upon an owner by section 6.
(3) Nothing in this section shall be deemed to empower any person not being of the same
religion as the person on whose behalf he is acting to make or execute an agreement relating to
a protected monument which or any part of which is periodically used for the religious worship
or observances of that religion.
8.Application of endowment to repair a protected monument.- (1) If any owner or other
person competent to enter into an agreement under section 6 for the maintenance of a protected
monument refuses or fails to enter into such an agreement, and if any endowment has been
created for the purpose of keeping such monument in repair or for that purpose among other, the
Central Government may institute a suit in the court of the district judge, or, if the estimated
cost of repairing the monument does not exceed one thousand rupees, may make an application
to the district judge, for the proper application of such endowment or part thereof.
(2) On the hearing of an application under sub-section (1), the district judge may summon and
examine the owner and any person whose evidence appears to him necessary and may pass an
order for the proper application of the endowment or of any part thereof, and any such order
may be executed as if it were a decree of a civil court.
9.Failure or refusal to enter into an agreement.- (1) If any owner or other person competent
to enter into an agreement under section 6 for the maintenance of a protected monument refuses
or fails to enter into such an agreement, the Central Government may make an order providing
for all or any of the matters specified in sub-section (2) of section 6 and such order shall be
binding on the owner or such other person and on every person claiming title to the monument
from, through or under, the owner or such other person.
(2) Where an order made under sub-section (1) provides that the monument shall be maintained
by the owner or other person competent to enter into an agreement all reasonable expenses for
the maintenance of the monument shall be payable by the Central Government.
(3) No order under sub-section (1) shall be made unless the owner or other person has been
given an opportunity of making a representation in writing against the proposed order.
10.Power to make order prohibiting contravention of agreement under section 6.- (1) If the
Director-General apprehends that the owner or occupier of a protected monument intends to
destroy, remove, alter, deface, imperil or misuse the monument or to build on or near the site
thereof in contravention of the terms of an agreement under section 6, the Director-General
may, after giving the owner or occupier an opportunity of making a representation in writing,
make an order prohibiting any such contravention of the agreement:
Provided that no such opportunity may be given in any case where the Director-General, for
reasons to be recorded, is satisfied that it is not expedient or practicable to do so.
(2) Any person aggrieved by an order under this section may appeal to the Central Government
within such time and in such manner as may be prescribed and the decision of the Central
Government shall be final.
11.Enforcement of agreements.- (1) If an owner or other person who is bound by an
agreement for the maintenance of a monument under section 6 refuses or fails within such
reasonable time as the Director-General may fix, to do any act which in the opinion of the
Director-General is necessary for the maintenance of the monument, the Director-General may
authorise any person to do any such act, and the owner or other person shall be liable to pay the
expenses of doing any such act or such portion of the expenses as the owner may be liable to
pay under the agreement.
(2) If any dispute arises regarding the amount of expenses payable by the owner or other person
under sub-section (1), it shall be referred to the Central Government whose decision shall be
final.
12.Purchasers at certain sales and persons claiming through owner bound by instrument
executed by owner.- Every person who purchases, at a sale for arrears of land revenue or any
other public demand, any land on which is situated a monument in respect of which any
instrument has been executed by the owner for the time being under section 5 or section 6, and
every person claiming any title to a monument from, through or under, an owner who executed
any such instrument, shall be bound by such instrument.
13.Acquisition of protected monuments.- If the Central Government apprehends that a
protected monument is in anger of being destroyed, insured, misused, or allowed to fall into
decay, it may acquire the protected monument under the provisions of the Land Acquisition
Act, 1894 (1 of 1894), as if the maintenance of the protected monument were a public purpose
within the meaning of that Act.
14.Maintenance of certain protected monuments.- (1) The Central Government shall
maintain every monument which has been acquired under section 13 or in respect of which any
of the rights mentioned in section 5 have been acquired.
(2) When the Director-General has assumed the guardianship of a monument under section 5,
he shall, for the purpose, of maintaining such monument, have access to the monument at all
reasonable times, by himself and by his agents, subordinates and workmen, for the purpose of
inspecting the monument and for the purpose of bringing such materials and doing such acts as
he may consider necessary or desirable for the maintenance thereof.
15.Voluntary contributions.- The Director-General may receive voluntary contributions
towards the cost of maintaining a protected monument and may give orders as to the
management and application of any funds so received by him;
Provided that no contribution received under this section shall be applied to any purpose other
than the purpose for which it was contributed.
16.Protection of place of worship from misuse, pollution or desecration.- (1) A protected
monument maintain by the Central Government under this Act which is a place of worship or
shrine shall not be used for any purpose inconsistent with its character.
(2) Where the Central Government has acquired a protected monument under section 13, or
where the Director-General has purchased, or taken a lease or accepted a gift or bequest or
assumed guardianship of, a protected monument under section 5, and such monument or any
part the derives used for religious worship or observances by any community, the Collector hall
make due provisions for the protection of such monument or part thereof, from pollution or
desecration(a) by prohibiting the entry therein, except in accordance with the conditions prescribed with the
concurrence of the persons, if any, in religious charge of the said monument or part thereof, of
any person not entitled so to enter by the religious usages of the community by which the
monument or part thereof is used, or
(b) by taking such other action as he may think necessary in this behalf.
17.Relinquishment of Government rights in a monument.- With the sanction of the Central
Government, the Director-General may,(a) where rights have been acquired by the Director-General in respect of any monument under
this Act by virtue of any sale, lease, gift or will, relinquish, by notification in the Official
Gazette, the rights so acquired to the person who would for the time being be the owner of the
monument if such rights had not been acquired; or
(b) relinquish any guardianship of a monument which he has assumed under this Act.
18.Right of access to protected monuments.- Subject to any rules made under this Act, the
public shall have a right of access to any protected monument.
PROTECTED AREAS
19.Restrictions on enjoyment of property rights in protected areas.- (1) No person,
including the owner or occupier of a protected area, shall construct any building within the
protected area or carry on any mining quarrying, excavating, blasting or any operation of a like
nature in such area, or utilise such area or any part thereof in any other manner without the
permission of the Central Government:
Provided that nothing in this sub-section shall be deemed to prohibit the use of any such area or
part thereof for purposes of cultivation if such cultivation does not involve the digging of not
more than one foot of soil from the surface.
(2) The Central Government may, by order, direct that any building constructed by any person
within a protected area in contravention of the provisions of sub-section (1) shall be removed
within a specified period and, if the person refuses or fails to comply with the order, the
Collector may cause the building to be removed and the person shall be liable to pay the cost of
such removal.
20.Power to acquire protected area.- If the Central Government is of opinion that any
protected area contains an ancient monument or antiquities of national interest and value, it may
acquire such area under the provisions of the Land Acquisition Act, 1894 (1 of 1894), as if the
acquisition were for a public purpose within the meaning of that Act.
ARCHAEOLOGICAL EXCAVATIONS
21.Excavations in protected areas.- An archaeological officer or an officer authorised by him
in this behalf or any person holding a licence granted in this behalf under this Act (hereinafter
referred to as the licensee) may, after giving notice in writing to the Collector and the owner,
enter upon and make excavations in any protected area.
22.Excavations in areas other than protected areas.- Where an archaeological officer has
reason to believe that any area not being a protected area contains ruins or relies of historical or
archaeological importance, he or an officer authorised by him in this behalf may, after giving
notice in writing to the Collector and the owner, enter upon and make excavations in the area.
23.Compulsory purchase of antiquities, etc., discovered during excavation operations.- (1)
Where, as a result of any excavations made in any area under section 21 or section 22, any
antiquities are discovered, the archaeological officer or the licensee, as the case may be, shall,(a) as soon as practicable, examine such antiquities and submit a report to the Central
Government in such manner and containing such particulars as may be prescribed;
(b) at the conclusion of the excavation operations, give notice in writing to the owner of the
land from which such antiquities have been discovered, of the nature of such antiquities.
(2) Until an orders for the compulsory purchase of any such antiquities is made under subsection (3), the archaeological officer or the licensee, as the case may be, shall keep them in
such safe custody as he may deem fit.
(3) On receipt of a report under sub-section (1), the Central Government may make an order for
the compulsory purchase of any such antiquities at their market value.
(4) When an order for the compulsory purchase of any antiquities is made under sub-section (3),
such antiquities shall rest in the Central Government with effect from the date of the order.
24.Excavations, etc., for archaeological purposes.- No State Government shall undertake or
authorise any person to undertake any excavation or other like operation for archaeological
purposes in any area which is not a protected area except with the previous approval of the
Central Government and in accordance with such rules or directions, if any, as the Central
Government may make or give in this behalf.
PROTECTION OF ANTIQUITIES
25.Power of Central Government to control moving of antiquities.- (1) If the Central
Government considers that any antiquities or class of antiquities ought not to be moved from
the place where they are without the sanction of the Central Government, the Central
Government may, by notification in the Official Gazette, direct that any such antiquity or any
class of such antiquities shall not be moved except with the written permission of the DirectorGeneral.
(2) Every application for permission under sub-section (1) Shall be in such form and contain
such particulars as may be prescribed.
(3) Any person aggrieved by an order refusing permission may appeal t the Central Government
whose decision shall be final.
26.Purchase of antiquities by Central Government.- (1) If the Central Government
apprehends that any antiquity mentioned in a notification issued under sub-section (1) of section
25 is in danger of being destroyed, removed, injured, misused or allowed to fall into decay or is
of opinion that, by reason of its historical or archaeological importance, it is desirable to
preserve such antiquity in a public place, the Central Government may make an order for the
compulsory purchase of such antiquity at its market value and the Collector shall thereupon
give notice to the owner of the antiquity to be purchased.
(2) Where a notice of compulsory purchase is issued under sub-section (1) in respect of any
antiquity, such antiquity shall vest in the Central Government with effect from the date of the
notice.
(3) The power of compulsory purchase given by this section shall not extend to any image or
symbol actually used for bona fide religious observations.
PRINCIPLES OF COMPENSATION
27.Compensation for loss or damage.- Any owner or occupier of land who has sustained any
loss or damage or any diminution of profits from the land by reason of any entry on, or
excavations in, such land or the exercise of any other power conferred by this Act shall be paid
compensation by the Central Government for such loss, damage or diminution of profits.
28.Assessment of market value or compensation.- (1) The market value of any property
which the Central Government is empowered to purchase at such value under this Act or the
compensation to be packed by the Central Government in respect of anything done under this
Act shall, where any dispute arises in respect of such market value or compensation, be
ascertained in the manner provided in sections, 3, 5, 8 to 34, 45 to 47, 51 and 52 of the Land
Acquisition Act, 1894 (1 of 1894), so far as they can be made applicable:
Provided that, when making an enquiry under the said Land Acquisition Act, the Collector shall
be assisted by two assessors, one of whom shall be a competent person nominated by the
Central Government and one a person nominate by the owner, or, in case the owner fails to
nominate an assessor within such reasonable time as may be fixed by the Collector in this
behalf, by the Collector.
(2) Notwithstanding anything contained in sub-section (1) or in the Land Acquisition Act.1894
(1 of 1894), in determining the market value of any antiquity in respect of which an order for
compulsory purchase is made under sub-section (3) of section 23 or under quite by reason of its
being of historical or archaeological importance shall not be taken into consideration.
29.Delegation of powers.- The Central Government may, by notification in the Official Gazette
, direct that any powers conferred on it by or under this Act shall, subject to such conditions as
may be specified in the direction, be exercisable also by(a) such officer or authority subordinate to the Central Government or
(b) such State Government or such officer or authority subordinate to the State Government,
as may be specified in the direction.
30.Penalties.- (1) Whoever(i) destroys, remove, injures, alters, defaces, imperil or misuses a protected monument, or
(ii) being the owner or occupier of a protected monument, contravenes an order made under
sub-section (1) of section 9 or under sub-section (1) of section 10, or
(iii) removes from a protected monument any sculpture carving, image, bas-relief, inscription,
or other like object, or
(iv) does any act in contravention of sub-section (1) of section 19.
shall be punishable with imprisonment which may extend to three shall be punishable with
imprisonment which may extend to three months, or with fine which may extend to five
thousand rupees, or with both.
(2) Any person who moves any antiquity in contravention of a notification issued under subsection (1) of section 25 shall be punishable with fine which may extend to five thousand
rupees; and the court convicting a person of any such contravention may be order direct such
person to restore the antiquity to the place from which it was moved.
31.Jurisdiction to try offences.- No court inferior to that of a presidency magistrate or a
magistrate of the first class shall try any offence under this Act.
32.Certain offences to be cognizable.- Notwithstanding anything contained in the Code of
Criminal Procedure, 1898 (5 of 1898), an offence under clause (i) or clause (iii) of sub-section
(1) of section 30, shall be deemed to be a cognizable offence within the meaning of that Code.
33.Special provision regarding fine.- Notwithstanding anything contained in section 32 of the
Code of Criminal Procedure, 1898 (5 of 1898), it shall be lawful for any magistrate, of the first
class specially empowered by the State Government in this behalf and for any presidency
magistrate to pass a sentence of fine exceeding two thousand rupees on any person convicted of
an offence which under this Act is punishable with fine exceeding two thousand rupees.
34.Recovery of amounts due to the Government.- Any amount due to the Government from
any person under this Act may, on a certificate issued by the Director-General or an
archaeological officer authorised by him in this behalf be recovered in the same manner as an
arrear of land revenue.
35.Ancient monuments, etc., which have ceased to be of national importance.- If the Central
Government is of opinion that any ancient and historical monument or archaeological site and
remains declared to be of national importance by or under this Act has ceased to be of national
importance, it may, by notification in the Official Gazette, declare that the ancient and historical
monuments or archaeological site and remains, as the case may be, has ceased to be of national
importance for the purposes of this Act.
36.Power to correct mistakes, etc.- Any clerical mistake, patent error or error arising form
accidental slip or omission in the description of any ancient monument or archaeological site
and remains declared to be of national importance by or under this Act may, at any time, be
corrected by the Central Government by notification in the Official Gazette.
37.Protection of action taken under the Act.- No suit for compensation and no criminal
proceeding shall lie against any public servant in respect of any act done or in good faith
intended to be done in the exercise of any power conferred by this Act.
38.Power to make rules.- (1) The Central Government may, by notification in the Official
Gazette and subject to the condition of previous publication, make rules for carrying out the
purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:(a) the prohibition or regulation by licensing or otherwise of mining, quarrying, excavating
blasting or any operation of a like nature near a protected monument or the construction of
buildings on land adjoining such monument and the removal of unauthorised buildings;
(b) the grant of licences and permissions to make excavations for archaeological purposes in
protected areas, the authorities by whom, and the retractions and conditions subject to which,
such licences may be granted, the taking of securities from licensees and the fees that may be
charged for such licensees;
(c) the right of access of the public to a protected monument and the fee, if any, to be charged
therefor;
(d) the form and contends of the report of an archaeological officer or a licensee under clause
(a) of sub-section (1) of section 23;
(e) the form in which application s for permission under section 19 or section 25 may be made
and the particulars which they should contain
(f) the form and manner of preferring appeals under this Act and the time within which they
may be preferred;
(g) the manner of service of any order or notice under this Act;
(h) the manner in which excavations and other like operations for archaeological purposes may
be carried on;
(i) any other matter which is to be or may be prescribed.
(3) Any rule made under this section may provide that a breach thereof shall be punishable,(i) in the case of a rule made with reference to clause (a) of sub-section (2), with imprisonment
which may extend to three months, or with fine which may extend to five thousand rupees, or
with both;
(ii) in the case of a rule made with reference to clause (b) of sub-section (2), with fine which
may extend to five thousand rupees;
(iii) in the case of a rule made with reference to clause (c) of sub-section (2), with fine which
may extend to five hundred rupees.
(4) All rules made under this section shall be laid for not less than thirty days before each House
of Parliament as soon as possible after they are made, and shall be subject to such modifications
as Parliament may make during the session in which they are so laid or the session immediately
following.
39.Repeals and savings.- (1) The Ancient and Historical Monuments and Archaeological Sites
and Remains (Declaration of National Importance) Act, 1951 (71 of 1951), and section 126 of
the States Reorganisation Act, 1956 (37 of 1956), are hereby, repealed.
(2) The Ancient Monuments Preservation Act, 1904 (7 of 1904), shall cease to have effect in
relation to ancient and historical monuments and archaeological sites and remains declared by
or under this Act to be of national importance, except as respects things done or omitted to be
done before the commencement of this Act.
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No.
of 2004
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
THE FREEDOM OF INFORMATION ACT, 2002
[Act No. 5 OF 2003]
6th January, 2003
An Act to provide for freedom to every citizen to secure access to information under the
control of public authorities, consistent with public interest, in order to promote openness,
transparency and accountability in administration and in relation to matters connected therewith
or incidental thereto.
BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
(1) This Act may be called the Freedom of Information Act, 2002.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint.
2. Definitions.
In this Act, unless the context otherwise requires,(a) "appropriate Government" means in relation to a public authority established,
constituted, owned, substantially financed by funds provided directly or indirectly or
controlled(i) by the Central Government, the Central Government;
(ii) by the State Government, the State Government;
(iii) by the Union territory, the Central Government;
(b) "competent authority" means(i) the Speaker in the case of the House of the People or the Legislative Assembly and the
Chairman in the case of the Council of States or the Legislative Council;
(ii) the Chief Justice of India in the case of the Supreme Court;
(iii) the Chief Justice of the High Court in the case of a High Court;
(iv) the President or the Governor, as the case may be, in the case of other authorities created by
or under the Constitution;
(v) the administrator appointed under article 239 of the Constitution;
(c)"freedom of information" means the right to obtain information from any public
authority by means of,(i) inspection, taking of extracts and notes;
(ii) certified copies of any records of such public authority;
(iii) diskettes, floppies or in any other electronic mode or through print-outs where such
information is stored in a computer or in any other device;
(d) "information" means any material in any form relating to the administration, operations
or decisions of a public authority;
(e) "prescribed" means prescribed by rules made under this Act by the appropriate
Government or the competent authority, as the case may be;
(f) "public authority" means any authority or body established or constituted,(i) by or under the Constitution;
(ii) by any law made by the appropriate Government, and includes any other body owned,
controlled or substantially financed by funds provided directly or indirectly by the
appropriate Government;
(g) "Public Information Officer" means the Public Information Officer appointed under subsection (1) of section 5;
(h) "record" includes(i) any document, manuscript and file;
(ii) any microfilm, microfiche and facsimile copy of a document;
(iii) any reproduction of image or images embodied in such microfilm (whether enlarged or
not); and
(iv) any other material produced by a computer or by any other device;
(i) "third party" means a person other than the person making a request for information
and includes a public authority.
CHAPTER II
FREEDOM OF INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES
3. Freedom of information.
Subject to the provisions of this Act, all citizens shall have freedom of information.
4. Obligations on public authorities
Every public authority shall-
(a) maintain all its records, in such manner and form as is consistent with its operational
requirements duly catalogued and indexed;
(b) publish at such intervals as may be prescribed by the appropriate Government or competent
authority,(i) the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees and the procedure followed by them
in the decision making process;
(iii) the norms set by the public authority for the discharge of its functions;
(iv) rules, regulations, instructions, manuals and other categories of records under its control
used by its employees for discharging its functions;
(v) the details of facilities available to citizens for obtaining information; and
(vi) the name, designation and other particulars of the Public Information Officer;
(c) publish all relevant facts concerning important decisions and policies that affect the
public while announcing such decisions and policies;
(d) give reasons for its decisions, whether administrative or quasi-judicial to those affected
by such decisions;
(e) before initiating any project, publish or communicate to the public generally or to the
persons affected or likely to be affected by the project in particular, the facts available to it or
to which it has reasonable access which in its opinion should be known to them in the best
interests of natural justice and promotion of democratic principles.
5. Appointment of Public Information Officers.
(1) Every public authority shall for the purposes of this Act, appoint one or more officers as
Public Information Officers.
(2) Every Public Information Officer shall deal with requests for information and shall
render reasonable assistance to any person seeking such information.
(3) The Public Information Officer may seek the assistance of any other officer as he
considers necessary for the proper discharge of his duties.
(4) Any officer whose assistance has been sought under sub-section (3), shall render all
assistance to the Public Information Officer seeking his assistance.
6. Request for obtaining information.
A person desirous of obtaining information shall make a request in writing or through
electronic means, to the concerned Public Information Officer specifying the particulars of
the information sought by him:
Provided that where such request cannot be made in writing, the Public Information Officer
shall render all reasonable assistance to the person making the request orally to reduce it in
writing.
7. Disposal of requests.
(1) On receipt of a request under section 6, the Public Information Officer shall, as
expeditiously as possible, and in any case within thirty days of the receipt of the request,
either provide the information requested on payment of such fee as may be prescribed or reject
the request for any of the reasons specified in sections 8 and 9:
Provided that where the information sought for concerns the life and liberty of a person, the
same should be provided within forty-eight hours of the receipt of the request:
Provided further that where it is decided to provide the information on payment of any further
fee representing the cost of providing the information, he shall send an intimation to the
person making the request, giving the details of the fees determined by him, requesting him
to deposit the fees and the period intervening between the despatch of the said intimation
and payment of fees shall be excluded for the purpose of calculating the period of thirty days
referred to above.
(2) Before taking any decision under sub-section (1), the Public Information Officer shall
take into consideration the representation made by a third party under section 11.
(3) Where a request is rejected under sub-section (2), the Public
Information Officer shall communicate to the person making request,(i) the reasons for such rejection;
(ii) the period within which an appeal against such rejections may be preferred;
(iii) the particulars of the appellate authority.
(4) Information shall ordinarily be provided in the form in which it is sought unless it would
disproportionately divert the resources of the public authority or would be detrimental to
the safety or preservation of the record in question.
8. Exemption from disclosure of information.
(1) Notwithstanding anything hereinbefore contained, the following information not being
information relating to any matter referred to in sub-section (2), shall be exempted from
disclosure, namely:(a) information, the disclosure of which would prejudicially affect the sovereignty and
integrity of India, security of the State, strategic scientific or economic interest of India or
conduct of international relations;
(b) information, the disclosure of which would prejudicially affect public safety and order,
detection and investigation of an offence or which may lead to an incitement to commit an
offence or prejudicially affect fair trial or adjudication of a pending case;
(c) information, the disclosure of which would prejudicially affect the conduct of Centre-State
relations, including information exchanged in confidence between the Central and State
Governments or any of their authorities or agencies;
(d) Cabinet papers including records of deliberations of the Council of Ministers, Secretaries
and other officers;
(e) minutes or records of advice including legal advice, opinions or recommendations made by
any officer of a public authority during the decision making process prior to the executive
decision or policy formulation;
(f) trade or commercial secrets protected by law or information, the disclosure of which would
prejudicially affect the legitimate economic and commercial interests or the competitive
position of a public authority; or would cause unfair gain or loss to any person; and
(g) information, the disclosure of which may result in the breach of privileges of Parliament
or the Legislature of a State, or contravention of a lawful order of a court.
(2) Subject to the provisions of clause (a) of sub-section (1), any information relating to any
occurrence, event or matter which has taken place occurred or happened twenty-five years
before the date on which any request is made under section 6 shall be provided to any person
making a request under that section:
Provided that where any question arises as to the date from which the said period of twentyfive years has to be computed, the decision of the Central Government shall be final.
9. Grounds for refusal to access in certain cases.
Without prejudice to the provisions of section 8, a Public Information Officer may reject a
request for information also where such request(a) is too general in nature or is of such a nature that, having regard to the volume of
information required to be retrieved or processed would involve unreasonable diversion of
the resources of a public authority or would adversely interfere with the functioning of such
authority:
Provided that where such request is rejected on the ground that the request is too general, it
would be the duty of the Public Information Officer to render help as far as possible to the
person making request to reframe his request in such a manner as ay facilitate compliance
with it;
(b) relates to information that is required by law, rules, regulations or orders to be published at a
particular time and such information is likely to be so published within thirty days of the
receipt of such request;
(c) relates to information that is contained in published material available to public; or
(d) relates to information which would cause unwarranted invasion of the privacy of any
person.
10. Severability.
(1) If a request for access to information is rejected on the ground that it is in relation to
information which is exempted from disclosure, then notwithstanding anything contained in
this Act, access may be given to that part of the record which does not obtain any information
that is exempted from disclosure under this Act and which can reasonably be severed from
any part that contains exempted information.
(2) Where access is granted to a part of the record in accordance with sub-section (1), the
person making the request shall be informed,(a) that only part of the record requested, after severance of the record containing
information which is exempted from disclosure, is being furnished; and
(b) of the provisions of the Act under which the severed part is exempted from disclosure.
11. Third party information.
(1) Where a public authority intends to disclose any information or record, or part thereof, on a
request made under this Act which relates to, or has been supplied by a third party and has been
treated as confidential by that third party, the Public Information Officer shall, within twentyfive days from the receipt of a request, give written notice to such third party of the request and
of the fact that the public authority intends to disclose the information or record, or part
thereof:
Provided that except in the case of trade or commercial secrets protected by law, disclosure
may be allowed if the public interest in disclosure outweighs in importance any possible harm
or injury to the interests of such third party.
(2) Where a notice is given by the Public Information Officer under sub-section (1) to a
third party in respect of any information or record or part thereof, the third party shall, within
twenty days from the date of issuance of notice, be given the opportunity to make
representation against the proposed disclosure.
(3) Notwithstanding anything contained in section 7, the Public Information Officer shall,
within sixty days after receipt of the request under section 6, if the third party has been
given an opportunity to make representation under sub-section (2), make a decision as to
whether or not to disclose the information or record or part thereof and give in writing the
notice of his decision to the third party.
(4) A notice given under sub-section (3) shall include a statement that the third party to
whom the notice is given is entitled to prefer an appeal against the decision under section 12.
12. Appeals.
(1) Any person aggrieved by a decision of the Public Information Officer may, within thirty
days of receipt of such decision, prefer an appeal to such authority as may be prescribed:
Provided that such authority may entertain the appeal after the expiry of the said period of
thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing
the appeal in time.
(2) A second appeal against the decision under sub-section (1) shall lie within thirty days of
such decision, to the Central Government or the State Government or the competent authority,
as the case may be:
Provided that the Central Government or the State Government or the competent authority,
as the case may be, may entertain the appeal after the expiry of the said period of thirty days
if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in
time.
(3) The appeals referred to in sub-sections (1) and (2) shall be disposed of within thirty
days of the receipt of such appeals or within such extended period, as the case may be, for
reasons to be recorded in writing.
(4) If the decision of the Public Information Officer against which the appeal is preferred
under sub-section (1) or sub-section (2) also relates to information of third party, the appellate
authority shall give a reasonable opportunity of being heard t that party.
CHAPTER III
MISCELLANEOUS
13. Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against any person for anything which is
in good faith done or intended to be done under this Act or any rule made thereunder.
14. Act to have overriding effect.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith
contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being
in force or in any instrument having effect by virtue of any law other than this Act.
15. Bar of jurisdiction of courts.
No court shall entertain any suit, application or other proceeding in respect of any order made
under this Act and no such order shall be called in question otherwise than by way of an appeal
under this Act.
16. Act not to apply to certain organizations.
(1) Nothing contained in this Act shall apply to the intelligence and security
organisations, specified in the Schedule, being organizations established by the Central
Government or any information furnished by such organisations to that Government.
(2) The Central Government may, by notification in the Official
Gazette, amend the Schedule by including therein any other intelligence or security
organisation established by that Government or omitting therefrom any organisation already
specified there and on the publication of such notification, such organisation shall be deemed
to be included in or, as the case may be, omitted from the
Schedule.
(3) Every notification issued under sub-section (2) shall be laid before each House of
Parliament.
(4) Nothing contained in this Act shall apply to such intelligence and security organisations
which may be specified, by a notification in the Official Gazette, by a State Government from
time to time.
(5) Every notification issued under sub-section (4) shall be laid before the State Legislature.
17. Power to make rules by Central Government.
(1) The Central Government may, by notification in the Official Gazette, make rules to carry
out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters, namely:(a) intervals at which matters referred to in sub-clauses (i) to (vi) of clause (b) of section 4 shall
be published;
(b) the fee payable under sub-section (1) of section 7;
(c) the authority before whom an appeal may be preferred under sub-section (1) of section
12;
(d) any other matter which is required to be, or may be, prescribed.
18. Power to make rules by State Government.
(1) The State Government may, by notification in the Official Gazette, make rules to carry out
the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters, namely:(a) the fee payable under sub-section (1) of section 7;
(b) the authority before whom an appeal may be preferred under sub-section (1) of section
12;
(c) any other matter which is required to be, or may be, prescribed:
Provided that initially the rules shall be made by the Central Government by notification in
the Official Gazette.
19. Rule making power by competent authority.
(1) The competent authority may, by notification in the Official Gazette, make rules to carry
out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters, namely:(a) the fee payable under sub-section (1) of section 7;
(b) the authority before whom an appeal may be preferred under sub-section (1) of section
12;
(c) any other matter which is required to be, or may be, prescribed.
20. Laying of rules.
(1) Every rule made by the Central Government under this Act shall be laid, as soon as may
be after it is made, before each House of Parliament, while it is in session, for a total period
of thirty days which may be comprised in one session or in two or more successive sessions,
and if, before the expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.
(2) Every rule made under this Act by a State Government shall be laid, as soon as may be
after it is notified, before the State Legislature.
21. Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette, make such provisions not
inconsistent with the provisions of this Act as appear to it to be necessary or expedient for
removal of the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date
of the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before
each House of Parliament.
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No.
of 2004
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
That some other glaring considerations are cited hereunder which are not
necessarily exhaustive, in support of the claim of the petitioner as under.
The Nomenclature of Taj Mahal is it-self the symbolic Tejomahalaya
i)
That the term, “Taj Mahal” itself never figures in any Invader Court document or
chronicle even in Auranzeb’s time. The meaning of the term “Taj Mahal” is a crown among
residences, therefore the attempt to explain a Mausoleum as Taj Mahal is ridiculous and absurd.
ii)
That since the very name, Taj Mahal, means a crown place or a resplendent shrine
(Tejo Maha Alaya) and not a tomb, it cannot be a Mausoleum.
iii)
That several European visitors of Shahjahan’s time allude to the building as Tej-eMahal, which is almost the correct traditional, age-old Sanskrit name Tej-o-Mahalaya. If Taj is
believed to be a burial, how can the term “Mahal” i.e. a mansion apply to it? Both the
components of the name, viz. “Taj“ and “Mahal” are of Sanskrit origin but not of Arabic or
Parsian origin.
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No.
of 2004
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
Relevant Evidence for exposer of truth in relation to the Authership of Taj Mahal
*****(A)
That If a psycho analysis of the emperor is made, we will find that he was a cruel
hard-hearted stingy person devoid of any cultural or artistic softness, lacking any generosity to
lavish wealth on art and culture and particularly lasters of a man totally committed to physical
indulgence and such a person cannot build a world marvel in memory of one his numerous
wives. In fact none of the earlier or later Invader Emperors had indulged in such a lavish
sepulchral fantasy.
(B)
That there is a record in history, by any of the historians of any part of the country or by
the Court chronicle of the Mughal Emperor about the date of death of Mumtaz. If such a worldclass monument is built, over a span of 22 years to mark the man’s love for the woman, then
why was the date of death not recorded in the court chronical the Badshanama?
(C)
That the name of the test is Carbon-14 Test which is well accepted scientific test to
determine the age of wood.
(D) That a piece of the wooden door (riverside eastern doorway) of Taj Mahal was tested in
an American Laboratory which revealed that door to be 300 years older than Shahjahan.
(E)
That there is a lot of architectural evidence, which clearly indicates that the Taj Mahal
cannot be a Invader Monument architecturally. It does not have any similarity with any
monument, undisputedly built by a Invader Emperor or a Invader Architect.
(F) That the so-called claim, that the Taj Mahal was built by Shahjahan, can not be satisfied
the grammar of Architecture. On the contrary its architecture that it was a Hindu Temple. The
Architectural design of Taj Mahal does not accord with the claim of Invader authorship of such
a building.
(G)
That Well known Western Authorities on Architecture such as E. B. Havell, Mrs.
Kenoyer and W. W. Hanter have recorded that the Taj Mahal is built in the Hindu Temple
Style. Havell points out that the ground plan of the Ancient Chandi Seva Temple in Java is
identical with that of the Taj in terms of architecture.
(H)
There is nothing on record or in history that Shahjahan had any special infatuation for
Mumtaz. In fact history records that he used to run after various other women, starting from his
daughter (Jahanara) to his maids he had many wives and besides a harem of five thousand
women. His special love for Mumtaz is thus a psychological absurdity.
(I) The Human experience indicates that Carnal physical sexual love is an incapacitating
emotion. A womanizer ipso facto is incapable of any constructive activity. Thus a person like
Shahjahan cannot build a world marvel like Taj Mahal.
(J) That Encyclopedia Britannica states that Taj Mahal building consists of guestrooms,
guardrooms and stables. Those are all irrelevant, inconsistent and absurd in a mausoleum, since
a dead wife would not go out riding or entertaining guests at parties. Further it comprises of
about 500 rooms. Residential accommodation on such a stupendous scale is unthinkable in a
mausoleum. The Taj Mahal has pleasure pavilion which a tomb would never have. Apart from
existence of other Vedic tradition the most significant one is. The Interior of the Dark Dome
rising over Mumtaz’s Cenotaph has a figure-sketch of 8 directional shafts set in a small central
circle, surrounded by other circle respectively depicting 16 cobra, 32 tridents and 64 lotus buds.
(the main dome is also lotuscapped). All those motifs being multiples of eight are of Vedic
significantly Cobra, Lotus and Trident are always associated with Lord Shiva. The Mehtab
garden is innundated and looks desolate. Its scenic beauty will reappear only when the floods
recede”. The rear portion of the building complex remains safe is a mystery. The stream
keeping away from the rear wall has prevented damage.
Thus from Aurangzeb’s noting, i.e “On Saturday too I visited the spot and then I called
on the Prince (Dara) who also paid me a return visit. Then taking leave of all I resumed
my journey (to take charge as govrneor of the Deccan) on Sunday and today the 8 th instant
I am in the vicinity of Dholpur…”
It is apparent that in 1652 A.D. itself the Taj Mahal building complex had become so
ancient that it needed elaborate repairs. So what was carried out in 1652 A.D was not the
completion of a new building but the repairs to an old building complex. Had The Taj
Mahal been a building completed in 1653 it would not have fallen to the lot of a chance ,
lone visitor like Aurangzeb to notice the defects and order repairs in 1652.The defects
should have been noticed by the thousands of workmen and hundreds of court supervisors
who were supposed to be building the Taj Mahal. And since such serious defects had
been in fact noticed a year before completion all the tom-tomming of the “master –
builders” of the Taj is utterly unjustified. The builders of the Taj were no doubt mastercraftsmen but they were not Shahajahan’s contemporaries but Hindus of several centuries
earlier. Similarly it was not Shahjahan who commissioned the Taj Mahal but some ancient
Hindu king . Likewise the Taj did not come into being as an Islamic mausoleum but as
Hindu temple –palace. The builders of the Taj Mahal –ancient secret revealed
“Tourists come from the world over to see Taj at Agra and all marvel at the genius of
the architects that could plan and accomplish so lovely a “dream of marble”.
(K) They were commissioned by the Mogul emperor Shahjahan to raise a mausoleum
befitting his love for Mumtaz Mahal , his beloved consort ; and they created this
Wonder of the world.
(L) “Yet, despite strenuous efforts to discover it , their identity had remained a mystery
;wild guesses as to their origin being foreign were abroad. Even Bernier (1642 A.D.)
notes only a rumour that the architect was killed lest the secret of his art be revealed
and a rival to Taj created.
(M) “But the secret has at long last been found in a manuscript book discovered lately in the
library of Mr.Mehmud Khan of Bangalore. The glory of building the Taj belongs
definitely to India,to a family of Lahore architect, Ahmad, the father ,and his three
sons. The book is in Persian verses in the Persian character, its author being Lathfullah
Maaahandis, himself one of the three son architects and it is almost 300 years old,
falling within the last years of Shahjahan’s reign.
(N)
It has been declared to be the only copy in the world, by the well-known authority on
these matters , Syed Suleiman Sahib Nadvi,Principal ,Shibly Academy ,Azamgarh.
“The book is in Mahandis’ own handwriting .As is noticed from different verses, the
author was a staunch follower of Dara Shikoh , Shahjahan’s eldest son ,and when
Aurangzeb finally came to power, after defeating Dara Shikoh, the author and his
family suffered. He sent a petition to the emperor but as it was not heeded the family
had to retire into seclusion and poverty.
(P)
“It seems that the book was very secretly kept by the family in fear of Aurangzeb ,as it
contained verses in praise of Dara Shikoh .The subsequent dates and writing on the
last page show that the book was brought and kept in the library of the library of the
historical personage Nawab Ebrahim Khann Hazbar Jung ,the famous Mahammedan
general nick named Gardy ,who sided with the Maharatas in the battle of Panipat in
1761 against Ahmed Shah Abdali.The book has been in the family of the present
owner for generations, but it was not noticed until Moulana Syed Suleiman Nadvi
,the well known historian, author and editor of the Moariff (the monthly journal of the
Society of Authors and Shibly Academy, Azamgarh ,U.P.) Discovered it and, on
information gleaned from it, read a lengthy Urdu paper on the builders of the Taj in
Punjab University.
(Q) “In the verses on two pages of the book described in the article, the author praises
Shahjahan ,and speaks of his father Ahmed, the ‘Nadar–ul-Asar’ (the unique of the
world ),as supreme master craftsman, geometer ,astronomer and prosateur .He was
appointed court architect by Shahjahan’s Ryal Warrant ,and was the builder of the
Taj Mahal at Agra and the Lal Quila (Red Fort) at Delhi. He died in 1649,two years
after the Taj was built .The author his son and co-architect of the Taj learnt at his
feet.”
(R) Article titled Some Facts About the Taj Mahal by Mohammed Din, published in The
illustrated weekly of India dated December 30,1951.The article runs thus:
(S)
“When The Taj Mahal was built, the many mechanical aids available today were
unheard of; yet the extraordinary ingenuity employed in its construction and the high
degree of engineering skill evidenced in its design make the mind pause.
(T)
Not less remarkable were the talent and skill of the artisans employed. In translating
this fabulous architectural dream into brick and mortar, and area 967 ft. long and 373
ft. wide was excavated to a depth of 44 ft. where sub-soil water was met .The whole
excavated area was filled in mass with rubble stone in hydraulic lime to provide a
common foundation for the three heavy structures, the Taj Mahal , Jamaet – Khana
and one mosque which were to be raised close to one another. About 20,000 men were
engaged on this work.
(U) “Over this foundation the plinth of the Taj Mahal , 313 ft. square and 8 ft. high, was built
in stone with hydraulic lime mortar and marble stone casing. The casing was laid
after the rubble masonry was raised to its designed height, then the marble facing was
set.
(V)
“The main engineering problem was to haul up the materials to the required height
during the progress of the work. This was done by constructing wooden pillars of
square timber posts bundled together and skillfully tied with top levels at different
heights, and so spaced as to carry a strong platform 40 ft. wide and a spiral roadway
with a slope of 1 in 20, to permit loaded mules and mule carts to run over it, and to
hold dumps of materials for construction work. This spiral platform was continuous
and ran all round the dome, and remained in position till the work was raised to its
designed height of 240 ft. above ground level. Special engineers were engaged to
build the scaffolding and platform, and 500 carpenters and 300 blacksmith were
employed on this project alone. The total length of the spiral platform was about 4,800
ft. The mortar was hoisted by means of Persian wheels, which were fitted on the spiral
platform. These were worked by bullocks and mules.
(W) “The materials for the massive work were brought from many distant places. The marble
stone was obtained from Makrana in Rajputana ,for which about a thousand elephants
were engaged. The maximum weight of a block of stone was about 2.5 tons, which is
the safe carrying capacity of an elephant. A number of elephants were also engaged to
work the pulleys.
(X)
“The timber for scaffolding was brought from the Kashmir and Naini Tal areas. About
2000 camels and 1000 bullock carts were employed for carting bricks and light
(O)
materials to the construction site and about 1000 mules for lifting the materials along
the spiral platform.
(Y) “The marble stone required for drum and dome was dressed on the ground and then lifted
and laid in position by means of pulleys…
(Z) “After the main dome and drum work was finished, work on annexes and subsidiary
buildings was taken in hand and completed in the same manner.
(AA) There are four minarets at the four corners of the Taj Mahal …
(BB) “The river Jumna was half a mile away from the structure. After the building was
completed , the river was diverted artificially to flow alongside the Taj to add to the
beauty of landscape.
(CC) “Contemporary Invader writers recorded the names of those who designed and
constructed the Taj Mahal, and the names and quantities of precious stones used. It
appears that Mohammed Isa Afandi, of turkey, was the chief designer and draftsman.
Among the other foreigners employed on the construction, there were men from
Arabia ,Persia, Syria ,Baghdad and Samarkand and there was at least one Frenchmen,
Austin de Bordeaux, a goldsmith.
(DD) The precious stones used included 540 pieces of cornelian from Baghdad, 670
turquoises from upper Tibet, 614 malachite’s from Russia ,559 onyxes from Deccan
and 625 diamonds from Central India. The construction of Taj Mahal was begun in
1632 and was not completed till 1650.It is believed to have cost more than a crore and
a half of rupees which in terms of the present value of money ,would be at ten times
as much .Two thirds of this were contributed by the State office and one third by third
by the State treasury of the province. The allocations of expenditures on different
parts of the structure have been carefully recorded in documents which are still
existent.
(EE) “Shahjahan, magnificent in his kingship, was equally magnificent in his sorrows. This
exquisite memorial of an emperor’s love was built by the sorrowing Shahjahan for his
departed spouse. He manifestly designed it to go down in history to a worshipful
posterity; three hundred years after, it is still acclaimed as one of the supreme
achievements of the architect.
(FF) The measurement mentioned could of course always be taken from the erstwhile Hindu
Temple palace, which stands before us today as the Taj Mahal, and stuffed into any
post-mortem of the construction.
(GG) The account of how the edifice was erected is apparently the result of an hind-sight postmortem carried out by some contemporary architects, as far as they can visualize it
.As for the 500 carpenters and 300 blacksmiths and such others employed, we have no
special objection because that many would be easily absorbed in erecting even a
scaffolding around the massive Hindu Temple palace, which the Taj Mahal is, to
convert it into a Invader tomb.
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No.
of 2004
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
The following conclusions emerge from what Emperor Shahjahan’s own court
chronicler has recorded in the official history of the reign, Badshahnama :
1.The Taj Mahal is a Hindu palace.
2.It has around it a majestic and spacious garden.
3.The huge building complex was obtained in exchange (if at all ) for almost a song, i.e. at best
transferring to the owner an open plot of land. This too seems fishy because the location and the
size of the plot of land are not mentioned. Most probably it was just a blatant expropriation
effected by turning Jaisingh out of his wealthy ancestral palace. The detail that Jaisingh was
compensated by gifting him on open plot of land is obviously a royal Islamic bluff to cover up
the fact that Raja Jaisingh was blatantly robbed of his wealthy temple-palace.
4.The Hindu palace had a dome.
5.Mumtaz was buried, so they say, under that dome soon after her exhumed body was brought
from Burhanpur to Agra, if at all.
6.The estimated expenditure (to transform the Hindu Palace into a Invader tomb ) was Rs.40
lakhs .(the actual expenditure is unknown ).
7.Of the above sum , Rs.5 lakhs was spent on the grave and cenotaph and the balance of Rs 35
lakhs on the scaffolding and the Koranic engravings.
8.Designer or architects are out of the picture, since the Taj Mahal was never raised by
Shahjahan.
9.The Hindu palace was known as Mansingh’s palace during Emperor Shahjahan’s time though
it was in the occupation of his grandson Jaisingh.
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No.
of 2004
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
The above account being fairly plausible fits with the truth that the Taj Mahal is an
ancient Hindu palace commandeered for conversion into a Invader tomb.
In spite of this fundamental vagueness we would have accepted the duration of the
period during which the Taj Mahal was a building if there had been any consensus about it
among historians. Unfortunately, there is none .See how many versions are there:
1.The Maharashtreeya Jnyankosh quoted (Pp. 35-36 ,Maharashtreeya Jnyankosh ,ibid,Vol. 15)
says that the “construction commenced in 1631 A.D. and ended in January 1643 A.D.”That
gives a period of a little less than 12 years .
2.The encyclopaedia Britannica (P. 758, Encyclopaedia Britannica ,1964 Ed.,Vol. 21) says “the
building was commenced in 1632.More than 20,000 workmen were employed daily to complete
the mausoleum building itself by 1643,although the whole Taj complex took 22 years to
complete .Unlike the first encyclopaedia ,the latter gives us two separate periods :one of 10 to
11 years and the other of 22 years. About this latter period of 22 years we would also like to
know why the mausoleum needed a building complex containing stables and guard and guest
rooms was Mumtaz still supposed to go riding, casting away the burqa and escorted by large
cavalry contingents? Was she also expected to receive guests?
3.Tavernier’s account runs completely counter to all Invader versions, which form the basis of
the encyclopedic accounts quoted above. The Encyclopaedia Britannica account is actually as
amalgam of the Tavernier and Invader accounts in as much as it borrows the figure of
20,000.workmen and 22 years from Tavernier while deftly weaving in it the 11or 12 year period
fancied in Invader accounts.
Tavernier (PP.109-111, Travels in India, ibid.) says he witnessed the commencement and
accomplishment of this great work on which they expended 22 years during which 20,000 men
worked incessantly .The cost of it has been enormous. The scaffolding alone cost more than the
entire work…”
Even presuming that Tavernier arrived in Agra in 1641, and the work began soon after his
arrival there, it should have lasted from 1641 to 1663.But Shahjahan was deposed and
imprisoned by his son Aurangzeb in 1658 .How then could the work of the Mumtaz mausoleum
proceed until 1663,i.e. five years after his losing control of state affairs ? And if, in fact, It did,
what are we to make some Invader accounts, which claim that the work had ended in 1643?
Then again, is the problem of the commencement of the construction still remains hanging in
air.
4.Mr.Mohammed Din’s article (The Illustrated weekly of India dated Dec 30,1951.) asserts
“the construction of the Taj Mahal was begun in 1632 and was not completed till
1650”.Mr.Mohammed Din seems to be sure only of the date when the building commenced .If
we take 1632 as the year of commenced then what are we to make of Tavernier’s assertion that
work started in his presence ?
5.Yet another version estimates the Taj Mahal to have been under construction for 17 years
.This is from Mr.Arora’s book (P. 10 City of Taj by R.C.Arora ,printed at the Hiberninan
Press,15 Portuguese Church Street ,Calcutta). He says “Shahjahan commenced building the Taj
in 1631,the fourth year his accession .The splendid mausoleum was completed in 1648.
It is not even certain that Mumtaz died in 1630.Even assuming that she died in 1630 she
perhaps died towards the close of that year. In such a case is it possible for the emperor to make
a decision to build a dreamland monument, have a huge amount sanctioned for it, broadcast his
scheme to distant lands, have artists prepare plans have them sent to Shahjahan, from among
which, we are told ,he selected one ,have a wooden model constructed ,the necessary workmen
collected, the bewildering variety of material ordered and construction begun all by 1630?
6. A like version is also found in The Columbia Lippincott Gazetteer(P. 19 ,Vol II). It states:
“the beautiful Taj Mahal (built 1630-1648) probably the most noted mausoleum in the world..
etc .etc. All the arguments repeated above apply to this Gazetteer version too, namely, that since
we are not even sure whether Mumtaz died in 1630, how could calling for mausoleum plans,
selecting one, ordering the building material etc. all be done just in one year?
Since bricks (and timber) are generally bought and used soon after being marketed (and are not
stored for generations like diamonds, bullion and ornaments) thermoluminescence is very
helpful in determining the age of a brick-structure fairly accurately. The carbon – C14 test is
applicable to anything, which had been part of a living organism such as piece of bone or
timber. A living tree continues to breathe in carbon di oxide while alive.But once it is dead the
breathing in stops and the dead piece continues to lose its carbon di oxide (including C14)
content at a known rate.
The report published in the Itihas Patrika (a quarterly journal,Vol 4 No. 4 dated 31 December
1984,THANA)is produced hereunder….
Sample 1
“Wood piece from door at North (east) end of Taj Mahal at beach level fronting on Jumna
River.
“Age 1359+ - 89 A.D. Thus there is a 67% probability that the age of the sample lies between
1448 and 1270 A.D.
Submitted by Evan T.Williams
Professor of chemistry
City University of New York,
Brooklyn College,
Brooklyn,N.Y.,11210
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No.
of 2004
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
1.It is of crystal white marble as mentioned in the inscription .
2.Its pinnacle and entrance arches bear the trident (trishul) which is an exclusive emblem of
Chandramauleeshwar.
3.The edifice is said to have been of such captivating beauty that the Lord (Shiva)
Chandramauleeshwar never again thought of returning to his Himalayan abode of Kailas.
4.The Taj Mahal garden included plants and tress all sacred to Hindus. Among them is the Bel
and Harshringar ,the leaves and flowers of which are considered a necessity for the worship of
lord Shiva.
5.The central Chamber of the Taj Mahal which is now believed to contain the cenotaphs of
emperor Shahjahan and his wife Arjumand Banu Begum has around it ten quadrangular
chambers providing a perambulatory passage for devotees as is the Hindu custom.
6.As the devotee passes through each of those rooms, ventilators provide him a view of the
centre of the octagonal central chamber where the emblem of Lord Chandramauleeshwar was
consecrated.
7. The high dome of the Taj Mahal central chamber with its reverberative effect provided the
proper gimmick to produce the ecstatic din that accompanies the worship of Lord Shiva when
he is supposed to perform the cosmic(Tandava Nritya) dance amidst the blowing of conches,
beating of drums and tolling of bells.
8.The high dome is also a common feature of Shiva temples to enable the hanging of a pitcher
for water to drip over the emblem of Lord Shiva. The chain which held the pitcher still remains
suspended from the centre of the dome.
9.Silver doors and gold railings mentioned as fixtures of the Taj Mahal are a common feature of
Hindu temples surviving even to our own day .Had the gold railing, fancied to have been
provided for Mumtaz’s tomb, been subsequently removed one should have seen holes in the
mosaic flooring for the props which supported the railing. There are no such holes. That means
that it was Shahjahan who removed the gold railing of the ancient Hindu Shiva temple and
carried it away to the treasury, before using the location of the Hindu idol to graft an Islamic
cenotaph. Visitors may also notice there an ancient Hindu colour sketch of eight directional
pointers,16 cobras,32 tridents and 64 lotus buds all Hindu motifs in multiples of eight That
design is sketched in the concave domed ceiling of the octagonal central chamber, which
anyone standing close to Mumtaz’s cenotaph may look up and see.
10.Guides at the Taj Mahal still mention a tradition of a drop of rainwater dropping from the
high dome top on the cenotaph within. This obviously is a remnant of the past memories of the
water dripping on the emblem of Lord Shiva from the pitcher.
11.Tavernier mentions the six courts in the Taj Mahal building complex where a bazar used to
be held.It is common knowledge that in Hindu tradition bazars and fairs are invariably held
around temples which constitute the focal points of Hindu life.
12.The trident(trishul) which is Lord Shiva’s exclusive weapon is also inlaid at the apex of the
Taj Mahal’s marble entrance arches on all four sides It is in red and white lines exactly as some
Hindus wear in colour on their foreheads. Its being installed there at the apex of the entrance
arches clearly proves that it is an unmistakable Shiva temple.
13.A full length design of the entire trident pinnacle as it towers above the dome, has been
inlaid in the red stone yard to the right of the Taj Mahal as we stand facing the marble edifice.
This again proves its Hindu origin since it has been a tradition in Hindu architecture to inscribe
the basic scale used in the construction of every building ,somewhere in the premises. In the
case of Taj Mahal the length of its trident pinnacle may be the basic scale used in raising the
Shiva temple.
14.The ‘Taj Mahal itself is far from Persian .It is a corrupt from of the Sanskrit term “Tejo
Maha Alaya meaning Resplendent Shrine “It was known as resplendent shrine because it
reflects a dazzling sheen in sunlight and moonlight. That name also attaches to it because Lord
Shiva’s third eye is said to emit a jet of lustre i.e. teja.The tarditional conjecture that the term
Taj Mahal derives from the name of Mumtaz Mahal porves baseless on closer scrutiny.
15. Apparently Akbar did not dispossess the Jaipur royal family of the Taj Mahal because the
Jaipur family was his strongest Hindu ally and its scion ,Bhagwandas and Mansingh were his
most trusted generals. They were also in laws of the Mogul rulers.That after Humayun’s defeat
the Taj Mahal passed into the hands of the Jaipur royal family is apparent from Emperor
Sahhajahan’s chronicle which admits having commandeered The Taj Mahal from Jai Singh ,the
then head of the Jaipur royal family.
16.Besides the trident pinnacle, there are other Hindu symbols in the Taj namely the conch, the
lotus and the sacred Hindu chant “OM” in Devanagiri character.
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No.
of 2004
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
We have
are:
cited five direct proofs to establish that the Taj is an ancient Hindu palace.These
1.Shahjahan’s own court chronicler Mulla Abdul Hamid’s admission.
2.Mr.Nurul Hasan Siddiqui’s book, The City of Taj, reiterates the same position.
3.Tavernier’s testimony too establishes that a lofty palace had been obtained, and that it was
a world tourist attraction even before Mumtaz’s burial.
4.Emperor Shahjahan’s great great grandfather Babur’s Memoirs refer to the Taj Mahal 104
years before Mumtaz’s death whose tomb the Taj is supposed to be.
5.The Encyclopaedia Britannica has been quoted to show that the Taj Mahal building
complex comprises guest rooms, guard rooms and stables. These are all adjuncts of a temple
palace but never of a tomb.
In addition to the above we have ,in the foregoing pages,advanced many other proofs as
follows:
6.The very name Taj Mahal means a crown palace or a resplendent shrine (Tejo Maha
Alaya) and not a tomb .
7.Shahjahan’s reign was as full of turmoil and warfare as that of most other Invader rulers of
India. He could not therefore, have any wealth, peace, security or inclination to launch on
such an ambitious project as the Taj Mahal.
8.Shahjahan’s lechery and profligacy ruled out any special attachment to Mumtaz, whose
mausoleum the Taj has been misrepresented to be.
9.Shahjahan was cruel, hard hearted and stingy ;as such he could never have the artist’s soft
heart and a liberal patron’s generosity to lavish wealth on a building to house a
corpse.Mulla Abdul Hamid Lahori, the court chronicler, mentions no architect and estimates
the cost of the work done to be only Rs 40,00,000 which clearly shows that no new building
was erected.
11.Shahjahan, whose reign was supposed to be a golden period of history, has not left even
a scrap of authentic paper about the construction of Taj Mahal. There are no authentic orders
commissioning the Taj ,no correspondence for the purchase or acquisition of the so-called
site ,no design drawings no bills or receipts and no expense account sheets Some of those
usually produced or referred to have already been proved to be forgeries.
12.Had Shahjahan really been the conceiver of the Taj Mahal, he need not have specially
instructed Mulla Abdul Hamid Lahori not to forget mentioning or describing its
‘construction’ in the official chronicles, because the grandeur and majesty of the Taj as the
finest achievement of a ruling monarch could never be lost sight of by a paid court
chronicler.
13.That Shahajahan could not even in his wildest dreams conceive undertaking such a
gorgeous project is apparent from the fact that even the Invader accounts tell us that he
made the workers toil on meagre rations without giving them any cash payment. Tavernier
tells us that Shahjahan could not marshal even timber enough for as much as scaffolding.
Some accounts have also pointed out that Shahjahan made Rajas and Maharajas pay a large
part of the “cost”. So even the additions and alterations required in converting a Hindu
palace to the semblance of a Invader tomb were made by compelling labourers to toil for a
mere meagre food allocation and by imposing levies on subservient chieftains.
14. If a stupendous monument like the Taj Mahal were specially built for the burial of a
consort there would be a ceremonial burial date and it would not go unrecorded. But not
only is the burial date not mentioned but even the approximate period during which
Arjumand Banu Begum may have been buried in the Taj Mahal varies from six months to
nine years of her death.
15. Mumtaz was married to Shahjahan when the latter was 21 years old. Royal children in
his times used to be married much before their teens. This shows that Arjumand Banu was
Shahjahan’s umpteenth wife. There was thus no reason why she should have been buried in
a special monument.
16. Having been a commoner by birth Arjumand Banu was not entitled to a special
monument
17.History makes no special mention of any out of the way attachment or romance between
the two, unlike that of Jahangir and Nurjahan. This shows that the story of their love is a
concoction seeking to justify the myth about the building of the taj over her body.
18. Shahjahan was no patron of art. Had he been one, he would not have had the heart to
chop off the hands of those who are said to have toiled to ‘build’ the monument for his wife.
An art lover especially one disconsolate on his wife’s death,would not indulge in an orgy of
maiming skilful craftsman. But the maiming story is apparently true because made to toil
mercilessly on meagre rations on a palace usurped from its erstwhile Hindu master, the
infuriated workmen broke out in revolt.
19.There is no record in history that Shahjahan had any special infatuation for Mumtaz. In
fact history records that he used to run after various other women from his own daughter to
his maids.
20.The existence of the landing ghat at the rear suggests a temple palace, not a tomb.
21.Even the central marble structure consists of a 23-room marble palace suit which is
superfluous for a tomb.
22.The plan tallies with ancient Hindu architectural design and specifications.
23.The entire Taj building consists of over 1000 rooms along its corridor, in two basements,
on the upper floors and in its numerous towers, which clearly bears out the contention that it
was meant to be a temple palace.
24. The many annexes guard and guest rooms etc. prove that it is a temple palace. The
pleasure pavilions in the Taj premises could never form part of a tomb but only of a palace.
25.The Taj complex houses a pair of Nakkar Khanas, i.e. drum houses. Drum houses
are not only superfluous in a tomb but it is a positive misfit because a departed soul needs
peace and rest. On the other hand a drum house is a necessary concomitant of a templepalace because drum beats are used to herald royal arrivals and departures summoning of
the townsfolk for royal announcements and proclamations and announce divine worship
time.
26.The Taj building complex also contains cowpen which used to be part of all Hindu royal
and temple premises.
27.The Sanskrit words “Kalas” and “pranchi” (fenced off open spaces around the dome and
other structures) would never have been in the Taj premises had it originated as a Invader
tomb.
28.The decorative patterns and motifs throughout the Taj Mahal are not only entirely of
Indian flora but also of sacred Hindu emblems like the lotus, which infidel characteristics,
according to Islamic beliefs would never allow any peace to the soul of the Invader lady, if
any, lying buried beneath.
29. The galleries, arches, supporting brackets and cupolas are entirely in the Hindu style
such as can be seen all over Rajasthan.
30. Like every other suspicious aspect of Taj, its period of construction is variously stated to
be 10,12,13,17 or 22 years, which again proves that the traditional story is a concotion.
31.Even Tavernier’s testimony that he saw the commencement and the end of this work,
while weakening the traditional case, strengthens ours.
32. The reports that Shahjahan levied large amounts on rajas and Maharajas and that the socalled (tampering) work dragged on over 10,12,13,17,or even 22 years are all very true
details. Since Shahjahan was too shrewd and hard headed to spend anything out of his own
treasury and would lose no opportunity of taxing and persecuting the local people, he made
political capital even out of the death of his own wife.
33.The designers are variously mentioned by Western scholars to be Europeans, and are
claimed by Invaders to be Invaders, while the Imperial Library Manuscript contains Hindu
names.
34.The Taj Mahal had a grand garden. A graveyard never boasts of luscious fruits and
fragrant flower trees, since the idea of enjoying fruit and flowers of a graveyard orchard
is revolting.
35.The trees, moreover were those bearing Sanskrit names and select sacred plants at that
,like Ketaki, Jai, Jui, Champa, Maulashree, Harshringar and Bel.
36.The designer of Taj is unknown.
37.Far from causing him any expenditure, the Taj proved to be a veritable gold mine for
Shahjahan. While Arjumand Banu was buried in a stripped, cold,stone temple palace, the
building was robbed of all its costly trappings which were removed to Sahjahan’s treasury.
38. The Taj palace is located in the twin township of Jaisinghpura and Khawaspura which
are Rajput words, not Invader.”Pura” in Sanskrit signifies a busy locality and not an open
plot of land as is sometimes claimed.
39.The Taj Mahal entrance faces south. Had it been a Invader building it should have faced
west.
40.Its decorative and marble work tallies exactly with that in the Amer(Jaipur) palace built
circa 967.
41.The Taj temple palace has various other annexes outside its outer peripheral redstone
wall, meant for courtiers and palace staff.
42. Akbar on his early visits to Agra used to stay in Khawaspura and Jaisinghpura, which
clearly shows that he stayed in the Taj .
43.Bernier,another foreign visitor to Shahjahan’s court, tells us that the nether chambers had
a rare magnificence and no non-invader was allowed entry to them.That shows the hushhush secrecy maintained about them.
44.Even the term Taj Mahal doesn’t figure in any Mogul court records.
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of constitution of India)
Annexure No.
Civil Misc. Writ Petition No.
of 2004
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another…………..Pettioners
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. ……………….Respondents
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,
AFFIDAVIT
IN
.
Civil Misc. Writ Petition No.
of 2004
(Under Article 226 of constitution of India)
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi. And others
…Respondents
Affidavit of Pankaj Kumar ,Advocate, High Court
Aged about 26 years s/o Sri Lal Bahadur singh
R/O. 203,Preetam Nagar, Sulem Sarai
Housing scheme, 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 faught the battle of
indendence in association with Neta Ji Sri Subhash chandra Bosh and thereafter conducted
the research on the ancient Vedic Cultural Heritiage in India and also in different part of the
World. He is now running at the age of 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 .
That the contents of paragraphs 1 and 2 of this affidavit and those of paragraphs
no.1,2,20,21,22,23,24,25,26,27,28,30,31,34,35,36,37,39,40,41,42,43,45,49,50,51,52,53,54,55,
56,59,64,65,76,82,85,90,94,95,97,100,108,114,127,129,132,133,134,135,139,143,144,145,14
6, 148,149,154,155, of the writ petition are true to the personal knowledge of the deponent,
those
of
paragraphs
no.,3,4,5,6,7,8,9,10,11,12,13,14,
15,16,17,44,46,47,48,57,58,60,61,62,63,66,68,69,70,71,72,73,74,75,77,78,79,80,81,83,84,86,
87,88,89,91,92,93,96,98,99,101,12,103,104,105,106,107,109,110,111,112,113,115,116,117,1
18,119,120,121,122,123,124,125,126,128,130,131,136,137,138,140,141,142,147,150,151,152
,153, of the affidavit are based on perusal of records and those of paragraphs no
18,19,29,32,33,38,67,156,157,158,159,160, &161of the
writ petition are based on legal
advice, which also deponent believes to be true that nothing material has been concealed and
that no part of this affidavit is false. So help me God.
( Deponent )
I, Yogesh Kumar Saxena Advocate High Court Allahabad do hereby identify the deponent is
personally known to me..
( Yogesh Kumar Saxena)
Advocate
U.P.Bar Council Ragistration No. 946/1974
Solemnly affirmed before me this------------------day of -----------------2004--------at A.M./ P.M. by the
deponent who is identified by the aforesaid clerk/ Advocate.
I have satisfied myself examining the deponent that he understand the contents of this affidavit,
Which have been read over and explained to him by me.
Oath Commissioner
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
Index
Supplementary Affidavit
In Support of
Civil Misc. Writ Petition No.
of 2004
(Under Article 226 of constitution of India)
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and another
VERSUS
Union of India through Secretary,
Human Resources and Development (HRD.),
Government of India, New Delhi. And others
…………...Respondents
Sl. No.
Particulars
1.
2.
3.
Supplementary Affidavit
True copy of the Report Published in Many Newspaper
Extract of the vedic culture in India written by the
petitioner
List of the Temple destructed by the Mughal Invaders
comprising of 634 temples.
Photographs Showing the lower construction hidden
from being access in Red Fort Of Agra
Photographs of the pillar having the Lotus, OM, in
flower pot and Shiv Lingi in Deewane-e-Khas at Red
Fort At Agra.
Photographs of displayed on Marble Plank out side the
Taj Mahal
Writing displayed about the replacement of the Gold
Kalash by Captain Joseph Tailor
Copy of the Literature by Archeological Survey of
India
Photographs of the files having Koranic script
Photographs from back side showing the construction
Marking of the Kalash on the terrace
Reshuffling of the main temple and the Sanskrit
Bateswar inscription
The Script out side the Mosque like appearance
Photographs of imposter Koranic Script on Buland
Darwaza ( Fatehpur Sikri)
Terrace of Anoop Mahal
The appearance of “Shesh Nag of Fatehpur Sikri
news Item dated 9/7/2003published in “Amar Ujala” on
the basis of investigation conducted at Taj Mahal
news Item dated 20/7/2003published in “Amar Ujala”
on the basis of investigation conducted at Taj Mahal
news Item dated 2/4/1999, 15/6/1999,3/2/2000,
15/1/2000,29/1/2003 and 8/3/2003published in “Amar
Ujala” on the basis of investigation conducted at Fateh
Pur Sikiri
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14
15.
16.
17
18
19
20
Dates
Annexure
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Dated:-9th December,2004
Yogesh Kumar Saxena
Advocate, High Court
(Counsel for the Petitioner)
Chamber No.139, High court, Allahabad
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
Supplementary Affidavit
In Support of
Civil Misc. Writ Petition No.
of 2004
(Under Article 226 of constitution of India)
(District – Agra)
Page
No.
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
4.
Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi.
5. Secretary, Tourism and Archeological Department, Govt. of India,
New Delhi
6. 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:
That the deponent is the active life member of the Institute of Rewriting Indian History
1.
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 socalled 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 5 th 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 “TejoMahalya” (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 exteriorlytowards 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.
That on the other hand ,the only imposter made by the invaders during Mugal period are
23.
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 onefourth 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 coordination 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.
That by the constitution (first amendment) Act 1951, there have been further
48.
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 42 nd 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.
That the Freedom of expression may be necessarily including right of information.
57.
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.
That “The freedom of speech and expression is basic to indivisible from a
58.
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-IAkbarbadi).
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
th
11 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 27 th October 1627 and
the Prince Khurram ascended the throne at Agra on 5 th 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.
That the most crucial document sufficient to acknowledge the truth is their own Badshah-
85.
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 14 th 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.
That the second glaring truth may be revealed from the Aurangzeb’s letter written to
86.
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.
That the two farmans of Shah Jahan to ex-rulers of Jaipur bearing modern number 176
87.
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 TejoMahalya 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 270274 of Epigraphia Indica, Vol.1 obtainable from Shri M.D. Kale, advocate Chhatttarpur, Madhya
Pradesh, India).
That the other inscriptions is found at Bateshwar excavations preserved at Lucknow
88.
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.
That Shah Jahan, who is allegedly known for commissioned the large number of
89.
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 teardrop 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 17 th June 1631.
Suddenly both of them heard the crying of a baby. The sound of weeping was discovered that this
was coming from the womb of the Begum Sahiba herself. The learned men, saints, tantriks were
called to interpret and they have suspected to be a bad omen if Shah Jahan helped in the
treatment of Begum Sahiba. Thus, Arjumand Bano died as she was not allowed to survive the
dreadful omen and due to intensity of excessive pain she died. Thus, the connotation that the Taj
Mahal is a Nobel tribute to the grace of Indian womanhood is a falsehood. The Extract taken from
the ‘THE TAJ MAHAL AND IT’S INCARNATION” based on the Original Persian data on its
Builders, Material, Costs, Measurements etc. presentation by Historical Research
Documentation Programme, Jaipur by Prof. R.Nath, Rajasthan University shall be produced
at the time of Hearing.
91.
That under these circumstances, it is expedient in the interest of justice that on the basis of
the different historical evidences, which are now being placed on the record of the present and
are based upon the historian and rather based upon their own admission in Badshah Nama, it is
now expedient in the interest of justice, that a facts finding committee comprising of
the
prominent citizens, Jurists historian and other impartial agencies may be appointed for revealing
the truth to the General Public as the students may not be compelled to rely upon the false
concoction by the Mughal emperor, otherwise the students will may have the foundation based on
the false hood, which may irrode the very existence of our ancient culture and heritage on the
foundation of which the country may stain for and may raised its head before the entire world.
92.
That since there has been the further detoriation of the existing historical evidences under
the garb of the maintenance of the historical monuments having the alleged mosque inside there
by virtue of it these monuments of the national importance are managed by the Waqf Board and
as such it is expedient in the interest of justice that the respondents may be restrain from
permitting from destroying the valuable evidence by any person as the truth may be revealed
regarding the correct authorship of all these monuments to the public with any further scope
holding of the law under the garb of providing the maintenance to the mosque otherwise it will the
great loss of the students of history, which can be compassionate with the term of money.
That the contents of paragraphs 1 and 2 of this affidavit and those of paragraphs
no.1,3,15,16,18,35,41,42,43,59,61,67,76,87 of the writ petition are true to the personal knowledge of
the deponent,thoseofparagraphsno.,2, 4, 5, 6, 7,8,9, 10, 11, 12, 13, 14, 17, 19, 20, 21, 22, 23, 24, 25,
26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 51, 52,71,75,77,78,79,80,81,82,83,84,85,86,88, of the affidavit
are based on perusal of records and those of paragraphs no 37, 38, 39, 40, 44, 45, 46, 47, 48, 49, 50,
53, 54, 55, 56, 57, 58, 60, 62, 63, 64, 65, 66, 68,69,70,72,73,74,89,90of the writ petition are based
on legal advice, which also deponent believes to be true that nothing material has been concealed
and that no part of this affidavit is false. So help me God.
( Deponent )
I, Yogesh Kumar Saxena Advocate High Court Allahabad do hereby identify the
deponent is personally known to me..
( Yogesh Kumar Saxena)
Advocate
U.P. Bar Council Registration No. 946/1974
Solemnly affirmed before me this------------------day of -----------------2004--------at A.M./ P.M.
by the deponent who is identified by the aforesaid clerk/ Advocate.
I have satisfied myself examining the deponent that he understand the contents of this
affidavit, Which have been read over and explained to him by me.
Oath Commissioner
TAJ SYNOPSIS
1. 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.
“I am unjust, but I can strive for justice,
My life’s unkind, but I can vote for kindness.
I, the un-loving, say life should be lovely,
I, that am blind, cry against my blindness”.
2. 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.
3.
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.
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. Politicians act in nefarious
designs with impunity. Political parties motivated with vested interests are
dancing to usurp power through any means, fair or foul even at the cost of
sacrificing the Nation’s existence to personal interest. Party systems have
pushed to advance its own schemes upon the ruin of the rest. Our politicians
are Mafia dons next to the invaders. Robbers have generally plundered the
rich who are seldom subjected to legislation always plunder the common
citizens and protect those Mafia dons under the phraseology of “law making
sovereign power” having the connotation “procedure establish under law to be
cherished instead of due process”.
There is always an excuse for tyranny and mal-administration,
which has degenerated the national character. The power given needs a
safeguard from such arbitrary power and unfair exercise. In present set up
freedom has become an abuse and liberty as license. Therefore the moral
damage is more terrible. An oppressive system is more to be feared than a
Tiger.
Deep needs to express thought;
Profoundly sickening to compel;
Remain silent at expression;
Limitation of freedom of thought;
Is attack on social rights;
As spiritual force is stronger;
Than any material force;
As thought leash to average conscience;
By the necessities of fatal policy;
The Hon’ble Supreme Court acted as an instrument of status quo-upholding
the traditions of Anglo-Saxon jurisprudence and resisting radical innovations
in the use of the judicial power to promote social justice under the republican
constitution till early 1970 with some Hon’ble expectations, but in the light of
a social economic philosophy alien to our freedom movement and aspiration of
the liberated people, the Apex Court has started a giving importance to the
rule of Law with “tryst with destiny”. The outstanding judicial activism in the
quest for social justice came by the enormous contribution of Hon’ble
Supreme Court in the recent years. The use of newfound judicial power in the
service of “WE THE PEOPLE OF INDIA” who has often being represented in the
judicial forum have always been at the receiving end of mal-administration
and exploitation.
All the members of the court are considered as wounded, where justice is found
wounded with inequity, and judges do not extract the dart of inequity from justice or
remove its blot and destroy inequity, in other words where the innocent are not
respected and the criminal are not punished.
A virtuous and just person should never enter a court and when he does so, he
should speak the truth; he who holds his tongue on seeing injustice done, or speaks
contrary to truth and justice, is the greatest sinner.
Justice destroyed destroys its destroyer; and justice preserved, preserves its
preserver. Hence, never destroy justice, lest being destroyed; it should destroy thee.
In this world justice or righteousness alone is man’s friend that goes with him
after death. All other things or companions part on the destruction of the body and
he is detached from all company. But the company of justice is never cut off.
When injustice is done in the government court out of partiality, it is divided
into four parts of which one is shared by the criminal or doer of injustice, the second
by the witness, the third by the judges, and the fourth by the president king of an
unjust court.
It will be instructive to sun up this discourse with the observation of Hon’ble
Chief Justice Bhagwati in Sukh Das. “It is common knowledge that 70 percent of the people
living in rural areas are illiterate and even more than that percentage of the people are not
aware of the rights conferred upon them by law. Even literate people do not know what are
their rights and entitlements under the law. It is this absence of legal awareness which is
responsible for the deception, exploitation and deprivation of rights and benefits from which
the poor suffer in this land. Their legal needs always stand to become crisis-oriented
because their ignorance prevents them from anticipating legal troubles and approaching a
lawyer for consultation and advice in time and their poverty magnifies the impact of the
legal trouble and difficulties when they come. More over, because of their ignorance and
illiteracy, they cannot become self-reliant; they cannot even help themselves. The law
ceases to be their protector because they do not know that they are entitled to the
protection of the law and they can avail of the legal service programme for putting an end to
their exploitation and winning their rights. The result is that poverty becomes with them a
condition of total helplessness. This miserable condition in which the poor find themselves
can be added to situations” (1986) 2 SCC 401).
The order of lawyers are conservative by instinct and there are not a few who
believe not only in the necessity but in the absolute sacredness of every
technical rule, however unreasonable, and who see nothing but peril in
innovations, however beneficial. The lawyers are always having perplexed with
fear of change. He knoweth not the law who knoweth not the reason there of,
therefore, it is not advisable to live in cloistered seclusion, detached from the
world and all its pursuits. If you are ever tempted to join in the fierce hunt
after the vulgar prizes of the world, remember that after all. That accretes and
frets his hour upon the stage, and then is heard no more.
“There is a land in the present age,
Where the people live in graves
Liberty, freedom all unknown,
Service and be slaves.
The people are living in free past glory of their own,
As an outright, beggars would had sung,
Well once upon a time. I was a king
When such of the attitude of the people
How can they get the freedom,
Least to talk of liberty.
Yet a certain day may come
When the people will hum
In the orchard of freedom
Taste the juice of liberty”.
(Not hearsay, not gossip, not publicity, but action.)
There is an iron cage, not having any ventilation and people are living in the state of
suffocation, virtually on the verge of their death point. There is a complete apathy of the
custodian of the power towards their welfare and in our country "We, the people " who are
regarded to be the sovereign of the nation are living a life full of abrogation and
subjugation. I seldom consider that whether it is worthwhile to shout a voice and thereby
invite some lighter sleeper to suffer the agony of the death and this purpose achieved
through my writing may serve some purpose. Since the daylight shallow the darkness, I
have written articles to take the intellectual from apathetically approach towards
rectification of prevailing maladies as to wake up.
Public education is essential for functioning of the process of popular government and to
assist the discovery of truth and strengthening the capacity of individual in participating in
decision making process .The decision making process include the right to know also and
pushing the protection of reservation beyond the primary level betrays the bigwigs desire to
keep the crippled more crippled forever. Education of religion is the foundation for valuebased survival of human being in a civilized society. The force and section behind civilized
society depend upon moral value and the morality cannot be cultivated through the
falsehood of ideological barrier. Thus the children may not be required to read such facts
which are having the foundation of falsehood.
Our educational institutions are the foundation of the characteristics on the
basis of which the young generation will solve the problem of national solidatory and
integration. The children are taught to adhere with the truth for their existence in future
but the alarming situation linked with the history written by the alien rule has not only
nurtured the myth amongst the independent citizens but many monuments have been
falsely credited to the alien Muslim rulers who were driven across the Indian borders at
sword point and continued to rule our nation mercilessly without given any importance to
the existing palace and the temple built by the inhabitant ancestors of the rulers at the
contemporary period. 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.
The mankind must be satisfied with the reasonableness within reach and
the decision-making process may belong to the knowledge of the law. Thus the
reasonableness and the rationality, legality as well as philosophically, provide color to the
meaning of fundamental right .The concept of equality is not doctrinaire approach. It is a
binding threat which runs through the entire constitutional text thus the affirmative action
may be constitutionally valid and the same cannot ignore the constitutional morality, which
embraces in itself the doctrine of inequality. It would be constitutionally immoral to
perpetuate inequality among majority .The constitution is required to kept young energetic
and alive .The attempt be endure to expand the ambit of fundamental right. It is said that
the dignity of the ocean lies not in its fury capable of causing destruction, but in its vast
extent and depth with enormous tolerance. Thus the wider the power, the higher the need
of caution and care while exercising the power.
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
The Student/children, the future citizens under taking the
education of Indian History on the misconception/ pattern of Anglo Saxon
teaching meant for division of Indian society on the policy of “Divide and
Rule”. There is a important question posed as to whether we have actually
gain our independence or we have to under take another journey full of
animosity, aggressism on account of terrorism and fanatic ideology a prevalent
throughout the World of a particular religion. Thus on account of being
sentinel /Guardian at large, this is the voice of the majority of Hindu Citizens
to save our ancestral cultural heritage and there by to give protection to our
future citizens. They have the threat of being subjected to atrocities if the
drastic step to save the citizens from the oppression and exposure of falsehood
may not be done at an earliest time. Thus every nationalist who has got a
slightest patriotic cult in his inhibition has got a Fundamental Right and a
Constitutional Duty to safe guard our cultural heritage against the falsehood.
Imparting of education is a State function. The State, however, having regard
to its financial and other constraints is not always in a position to perform its
duties. The function of imparting education has been, to a large extent, taken
over by the citizens themselves. Some do it as pure charity; some do it for
protection.
A society where there is no moral values, there would neither be social
order nor secularism. Bereft of moral values secular society or democracy may not survive.
Almighty alone is the dispenser of the absolute justice. Thus an independent and efficient
judicial system, belong the repository of omnipotent power is always consider as one of the
basic structure of our constitution. The pre constitutional days cannot be countenanced as
a source of law to claim any rights when it is found to violate human rights, dignity social
equality amongst citizen. Democracy cannot survive and the constitution cannot work
unless Indian citizens are only learned and intelligent, they are also of moral character and
imbibed the inherent virtue of human being such as truth, love and compassion. Duty of
every citizen of India is collective duty of the state every citizen of India is fundamentally
obligated to develop a scientific temper and humanism .He is fundamentally duty bound
top strive towards excellence in all sphere of individual and collective activity, so that the
nation constantly arises to the higher level of endeavor and achievements. Everyone,
whether individually or collectively is unquestionably under the supremacy of law however
it is true that exaggerated devotion to the rule of benefit must not nurture fanciful doubts
or lingering suspicion and there by destroy social defense as the curiosity cannot be the
subject matter of fair criticism. Thus the conclusion derived that on one hand every citizen
is having the freedom of speech and expression so far as they do not contravene the
statutory limits and may prevail in the atmosphere with out any hindrance. Fundamental
duties and the obligation of the citizen may yet provide a valuable guide and aid to
interpretation of constitutional issues which not only required for resolving the issues but
also to provide guidance to the society. Giving a man his due, one of the basics of justice
finds reflected in right to equality .Law frowns upon such conduct thus the court accords
legitimacy to possession in due course of time.
The concept of sovereignty was present from the ancient time but the sovereignty was
conferred upon an individual who is suppress the wicked and is recognized as great
resources in itself like the fire, air, sun, moon and religion. The religion in the ancient time
was considered as spiritualism and it was not dependent upon any ritual ceremony but it
was considered s the knowledge in the darkness of ignorance and injustice. The sovereignty
was supposed to promote the cause of the religion, wealth and enjoyment of life and who is
voluptuous, malicious, mean and low minded is ruined by the retributive justice thus the
sovereignty was considered as a destroyer of the wicked like fire; a restrainer of the wicked
by storm (Varun ) and its controller. It was considered to be the dispenser of ease to the
best pupil like the moon and a replenisher of wealth. These qualities were the quality of the
sovereign power.
Now the sovereignty is attributed upon the three institution namely the
legislature, the executive and the judiciary. The combined effect of the three institutions
makes a democratic society. The legislature is creature like lord Brahma while the
executives like lord Vishnu may provide the welfare to the public. The judicial institutions
like lord Shiva is the dispenser of justice and is also the protector of all subjects. The law of
retributive justice wakes when the people sleep. Hence wise men regard the law or
punishment as virtue or religion.
The sovereignty and the people should form three Councils, Educational, Religious
and Administrative. One individual should not have the absolute power of government, the
sovereignty being the general president of the councils .The qualifications of the president
the presidents of separate councils are their interest in the welfare of the country, their
excellence of learning and character, and their influence over the people. A country
prospers as long as the people are righteous. Also their welfare requires the appointment of
learned educational officers, appointment of learned men as the dignitaries of the spiritual
council and of virtuous learned men as administrators. Obedience to law is required of all.
Secularism is the basic structure of constitution and as such in absence of
study of religion for generating brotherhood amongst the fellow citizens as to provide
mutual coordination and the ideology of live and let live to other is the basic education
which cannot be said as an attempt against the secular philosophy of the constitution .The
constitution as it stands does not proceed on the “melting pot “theory while it represents a
“salad bowls” where there is homogeneity without any obliteration of identity . The
foundation of the religion is spiritualism, which is based on trust and confidence and an
ability to strive for the good self of the other individual. The law must be enforceable to
preserve the society with out any derivation and hindrance and thus it may not resultantly
face the social catastrophe. The little Indian shall not be hijacked from the course of
freedom by mob muscle method and thereby to subtle perversion of discretion by other
large Indian “dressed in little, brief authority”. The people of our country has right to know
every public Act and the principle of finality may not be insisted upon as the maxim
“interest reipublicae ut sit finis litiun”. Wisdom and advisability of public policy may be
demonstrated in order to given effect to the statutory provisions under our constitution
thus an inquiry and investigation may be needed a complete with the opinion of the
expertise to arrive a conclusion as to whether the plurability in a society is not splited the
very object of the law through appeasement to the minority group of the citizen in order to
provide a conducive political social and legal framework with out destroying the very fabric
on the basis of which the pillar and the foundation were built in order to assimilate the
minorities with the majority . The Hon’ble court may never venture to disown its
jurisdiction when the constitution is found to be at stake and the fundamental rights of the
citizen are under fire of falsehood and thereby usurpation of the power by terrorizing for
personal leisure and pleasure through self created dogmas and rituals of particular religion
at the cost of other citizens. Thus the exposure of the falsehood may become the right of the
affected party to vanish the assertion based on unpatriotic sentimental perversity.
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.
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 Kerala 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. 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.
The ambit and scope of “Right to Know “ is conferred fundamental right
under article19 (1)(a) of the Constitution of India read with the provision of Freedom of
Information Act,2002 .The right to get information in democracy is recognized all
throughout and it is a natural right flowing from the concept of democracy itself Freedom of
expression may be necessarily include 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.On one hand we are suffering from the past prejudice of caste
predomination amongst the different section of the citizen. This country called as Arya
Varta in the ancient time was so excellent as there was no match equal to our country on
this earth. The creation of the terminology of Aryan considering themselves to be noble was
earlier regarded the real philosopher’s touchstone to eradicate the falsehood from its
perception. However by the gradual deterioration in the standard of the good behavior,
righteousness, decency which were having the foundation of impartiality, love and
conscientiousness, there has been the complete absence of discrimination in the social
coordination.
In a pluralistic society like India, which accepts secularism as the basic
ideology to govern its secular activities, education can include study based on “religious
pluralism “. Religious pluralism exclusivism and encourages inclusivism. Thus in
pluralistic society it is necessary that there may not be any encroachment upon the follower
of other ideology. Value based education is likely to help the mission to fight against all the
kinds of prevailing fanaticism, ill will, violence, dishonesty, corruption and terrorism in the
different form Citizens by getting the protection to a certain degree of preference to the
minority on the cost of majority of citizen .The education is permissible only on the grounds
of convenience, suitability and familiarity with an educational environment but the same
should not be excessive to the substantial departure of tolerance and based on practically
not existent intolerable fanatic ideological aggressism . The prevalent socio-economic
system having the vast majority of the people, ignorant uneducated and easily liable to be
misled may also be provided their due legitimization in governance of their life as they
repose tremendous faith in the secularism .It is the constitutional obligation of the state to
provide the justice by emancipation of the falsehood as the commitment of Article 19 A,
providing right of expression to an individual. It may be unreasonable if we are unable to
give the exact definition of reasonableness to the people in a democratic institution .Law
cannot afford any favorite other than truth the manifest injustice is curable in nature
rather than incurable mediocrity over meritocracy cuts the root of justice. Protective push
or prop by way of reservation or classification must withstand any over generous approach
to the section of the beneficiary if it handles the effect of destroying another’s right to
education, more so, by pushing in a mediocre over meritorious and thereby belies the hope
of generating the social coordination.
Truth will not make us but it will certainly make us free. The wrong historical data
leads to the horror as we have seen during the period of demolition of the Babri Masjid.
There has been number of concomitant given by the respective community representing to
the follower of two prominent religions but the loss which we have suffered in the shape of
hatred between the two section of the society cannot be compensated without revealing the
truth. Unfortunately, the term Hindu communalism is more exaggerated by the fanaticism
under the garb of secularism while the Hindu community as a whole has always been
receptive to all the religion. The question which is cropping its importance is much more in
relations to the question pertaining to Muslim contributions to Indian life and culture.
Such facts which have been geared to brainwash the subject of the pupil with that of
perverted history under the long spell of foreign rule may be distorted according to the
command of the ruler and as such till date the truth has not brought forward to the surface
and is exclusively aliens to the appeasement policy generated in order to rule the
parliamentary democratic set up in our country. The mentality affects and paralyses the
traditional heritage and provide a loss to the integrity of our country. Our ancient ancestors
namely Rana Pratap and Chattrapati Shivaji Maharaj and Guru Govind Singh during the
period of Moghul rulers have not conceded with the terror and torture they used in
proselytization, it is very shameful for the independent citizens to live under the false
perception of character assassination. Thus in all fairness we may accept that although the
Britishers were more civilized but inspite of their great insight, there is the historical
blunder committed by them while writing the Indian history in relations to the authorship
of the monuments. Muslim rulers without exception were sadist yet they represent
themselves as just, kind and patrons of learning. The construction is all Hindu while the
destruction of these constructions has been done by these foreigners who were either
Muslim or Britishers. These persons were stained with all wickedness and disgraceful
conduct which is still apparent in the society and remained prevalent during a thousand
year of rampant Muslim communalism then how we can expect that they have not
demolished all the Hindu Temple and converted them with slight modification as their
monuments the township of Ferozabad, Tuglaqabad, Ahmedabad and Hyderabad are falsely
ascribed to that of Sultan though the same was belonging to our ancient Hindu Rulers. The
country in which the milk was available to every citizen without investing any money to the
extent of his requirement and consumption has now been adulterd after ruthless killings of
our cattle’s by these invaders of the public confidence actually Hinduism is nothing but our
nationalism and sooner it may be understood and practiced in such a manner, we may
seek the protection of our integrity by saving the population of the innocent citizens.
The terminology of history is derived from Greek word ‘Historia’ meaning there
by an enquiry. Since the enquiry is nothing but the same is attributed to the different
branch of knowledge. Thus the inquisitiveness is always generated in educated mind. The
history should not be guided solely on etymological terminology. The meaning of ‘Itihas’
which is a Sanskrit word leads to three terminology .The first one namely ‘iti’ means such
and such (a happening or event) ,’ha’ means indefinitely while ‘aas’ means happened. Thus
the history is chronological happening of the different event during the past period.
Our scientific inventions have now provided us a great insight to reveal the truth,
which are happening in the outer atmosphere. Since due to the technological advancement
of conducting the research regarding the authorship of the monuments built by different
Hindu rulers prior to the conquest by its invaders thus we may shift our endeavor in search
of the truth. History will always deal with those who wielded power. In Russia the czars lost
power to the proletariat, the communist party wielded all power and the Russian History of
post 1917 era would mostly talk of the proletariat and monolithic communist party. Some
of the historians have deliberately, unknowingly while some cowardicely lacked the nerve to
declare that these rulers have cheated the public in the name of Indian History. Thus the
distortion, perversion and anomalies of the misleading inaccuracies and fabrications are
required to be exposed before the masses as the minority community of our Muslim citizens
may also be enlighten that the foundation on which the Muslim invaders was dependent
are themselves non existent throughout the world. There may be the minor differences at
the beginning between the followers of a particular religion but it is undesirable for the
majority of the population that the invaders who ruled India for about one thousand years
may not be credited with the authorship of the monuments to their credit. The monuments
at Delhi, Agra, Fatehpur Sikri, Allahabad, Ahmedabad and in Naini other prominent cities
were built by Indians who constructed the Madurai Temple, Rameshwaram, Konark,
Khajuraho, Ajanta, Ellora, Dilwara Temple and mighty forts at Ranthanbhor ,Ambar,
Udaipur and Jaipur itself. This is providing and impact upon the psychology of most of the
citizens that despite the atrocities committed by foreigners like Afghans, Turks, Iranians,
Mongols, Abyssinians, Kazaks and Uzbeks, the monuments built by Hindu may still be
credited for being constructed by these invaders and as such the aggressive attitude
adopted by these persons throughout the world may get a jolt through the exposure of the
falsehood, on the basis of which the foundation of a particular religion are based from
mediaeval period.
Long slavery, paradoxically enough, makes the slave to look upon the very change
that bind him as his life support. This story was told to the convict in ancient time and who
was confined in the dingy cell for fifteen years. After fifteen year the detainee was set free
and he gingerly step out of the prison gate. His eyes, which were used to the dim light
wilted at the bright sunshine outside everything including traffic, the gazing eyes were the
strange look to the detainee and as such he felt terrified. He took a long look at the outside
world and thereafter he inhaled a deep breath and there after by a sudden dash he again
reached to his dog’s tether in the cell as his imprisonment has sapped his self-confidence.
This is what has happened in India. This feeling utter destitution, dejection, desperation
and the loss of all confidence is the result of our slavery by which the Indians have
forgotten their own past history, lost freedom and obliviousness of the delights of an
unfettered life thus it is necessary to keep the flame of the truth burning in the heart of
every enlightened citizen as the majority of the public is unaware of the truth. The glory of
our country may only be restored when our traditional heritage culture may revive every
citizen from unadulterated history. The historical concepts which were distorted during the
long period of slavery may become a task of utmost importance and urgency. An
inadequate understanding on impressionable citizen has resulted the further accessibility
in implanting the misleading concepts and there by breaking the heads and idols of the
fellow citizen due to the segmentation of the society in many composition. A true history
must atleast be written in the contemporary language and it should remain independent
from interpolation otherwise the very existence of our cultural heritage may be evaporated
from the sight of the future generation. The governor general Lord Auckland, and young
lieutenant Alexander Cunningham conceived indigenous scheme of misusing the
archaeological studies. This young Cunnigham, an army engineer had no training in the
archaeological department, he wrote a lengthy letter dated September 15, 1842 suggesting
archeological exploration in India. This letter is reproduced on page no 246 Volume 7
journal of Royal Asiatic Society, London, 1843 A.D. It discloses that the purpose of
archeological exploration in India is neither the study nor preservation of historical
monuments but to use archeology as the imperial tool to create mutual dissension and
resentment between Buddhists, Jains and other Hindu with Muslims by falsely crediting all
monuments to the authorship to alien Muslim invaders while few may be labeled as that of
being constructed by Buddhist or Jain but not by Hindu.
The indo-saranice theory of architecture is the existence of Hindu patrons in all
medieval monuments thus it is necessary that the credit must be given to such Hindu
artists who designed the monuments. It may not be given to medieval cruelty and
fanaticism adopted by chauvinistic Muslim invaders. The infidel designs on each and every
Muslim mosque and tomb reveals the tolerance of Hindu citizens who were subjected to
the cruelty and terrorism from the last one thousand years. This article does not reflect any
animosity between the different section of the society but this is a description of sum of the
thought provocating a revelation in relations to the blunder committed by the Historian on
the foundation of sacrosanct concepts. The pioneer, In English daily newspaper of Lucknow
it was observed that “The Archeological survey of India reports (brought out under
Alexander Cunningham) are feeble, inane and all but useless and the Government has
reasons to be ashamed of the majority of the volume. It appears that Cunningham planted
false Muslim cenotaphs inside Hindu building, inserted Koranic over writing on Hindu
edifices and sponsored the fabrication of documents to be given to Muslim caretaker for
conversion of the Hindu Building like Taj Mahal, Red fort, Fatehpur Sikri, Sikandara,
Etmadudullah built by Hindu rulers to the Muslim monuments. Let us begin with the
dubious instance of 230 ft. high tower called as Qutub Minar to which historian claims to
have been built by Qutuubbdin Aibak from 1206-1210 A.D. The other historian claims that
it was built by his son in law and successor Iltmash while other claim it to be built by
Allauddin Khilji. The fourth view is of Ferozshah Tuglaq while the fifth view is that all these
rulers jointly or severely built the tower. Everyone knows that there is no basis for the
above assertion. But the truth is known to the public by mere seeing the sight of Qutub
Minar that the same is having so many deity and temple adjoining to this monument.
These historians may be impeached for gross dereliction of their duty and for committing
cheating upon the conscience of the public. The truth is not amenable to all individual as
no one could dare to become vigilant enough and to collect true version about the
mediaeval township of Hindu rulers.We therefore caution the world of history not to place
any faith in Anglo-Muslim translations of Muslim lettering or documents made hitherto.
Later Percy Brown, James Fergusson, Sir Kenneth Clarke, Sir
Bannister Fletcher and Encyclopaedia Britannica orchestrated the same cunning tune of
Cunnigham. That resulted in firmly establishing and perpetuating a colossal archaeological
fraud which is being sedulously taught all over the world as profound academic truth and
is echoed in newspaper articles and telecasts for over a century. Cunningham’s suggestion
was obviously highly appreciated. Because when he retired from the army as a Major
General he was straightaway appointed the first archeological surveyor of India in 1861,as
director from 1862 to 1865 and as Director General from 1871 to 1885. Thus the historical
data based on archeological study conducted by Cunningham are scheming brain of
notorious design regarding their vagueness and deceptive notions. The archeological survey
of India was dramatically closed from 1861 to 1865 when the two assistant of Cunningham
namely J D Beglar and Carlleyle took over the charge and prepare the list of historical
monuments with fabricated historical records. Consequently persons working around the
world as the expert Muslim known as saracenic architecture in museum became the
pseudo experts unwittingly perpetuating the fraud with the people. T he historical cities
were converted to Islam and the pre Muslim edifices built according to the Vedic
architecture were vanished from existence.
The ancient Indian history is remarkable from the time of the epic of Ramayana
and Mahabharata. There are the evidence that their exists the Hindu palaces having the
creation of it by the marble and other precious stone. In the ancient time there was
sculputure based on our ethical and religious concepts. The cultural heritage was in
existence in the form of iron pillars,the mandate of the ruler on copper scripts and the
creation of the artistic image indicating civilization on the different religious temple of the
contemporary period. These were the valuable antique which were ruthlessly destructed by
the foreign invaders. The portraits of the ruler and their identification could be seen on
the rocks and coins of the relevant period which are hidden inside the earth due to the
barbaric destruction of our Hindu heritage.the prominent place of thsee heritage found are
at Mohinjaddeo ,Harrapa(Sind) ,Takshila (Punjab),Kaushambi, Sarnath, Mathura(Uttar
Pradesh), Patilaputra , Nalanda(Bihar), Rajgiri , Sanchi, Burhotra (Madhya Bharat),Agadi,
Vanvasi,Talkand and Maski(south).
There has been number of articles written by foreign visitors/delegates/diplomat
and ambassdors amongst whom Magastahenes from Domiscus (Syria) and Deoneses
(Egypt) are prominent .The descirption of the great ruler Sri Chandragupta Maurya may be
found in the writing of Magasthenes.The chinese writer Faiyan left the glimpse of
Vikramaditya period thereafter Honchong came to India and remained here for about 15
years who has described the period of Harshavardhan religious and social coordination.
Harshvardhan was the prominent ruler of our nation. At the last we may get some
description from the article of Alavruni who came along with Mohammed Ghaznavi and
examined the traditions of Hindu which are described in (Tahikate hind )
Thus the civilization at Sindh river at Harappa has got the enormous storing capability of
the food articles which were distribute by the Hindu rulers during their ‘Anustan’ in the
different part of our country .The discovery of ‘Godam’ meant for storage of the grains is
still found in Harrapa civilization which has become a part of Pakistan after th division of
our country. It is evident that the people of the contemporary period were having their
expertise in molding the copper pots for storage of the valuable herbal extracts meant for
providing the cure from the ailments. All these cultural heritage of our Hindu civilization
has not been preserved by our archeological department.
The period of destruction after reaching to the optimum heights after the
propagation of Jain religion and Buddhism, may be relate back from the period of
Ajatshatru , Nand Samrajya when Sikander invaded our country in 267 B.C. at Peshawar.
He fought a battle from King Puru near Jhelum river and due to natural calamity of
unprecedented rains ,the elephant could not provide any impact upon aggressors who were
fully equipped to fight the Guerilla battle. The defeat of King Abhishad in Kashmir was the
beginning of external invasion by the foreign invaders.
During the Maurya dynasty, the King Chandragupta Maurya who was getting
instructions from great Chanakya had successfully defeated Celucus but subsequently he
entered with a compromise with Chandragupta Maurya as a result of which Chandragupta
got eastern part of Unan namely aria , archosia , gadrosia and paronishdi.Chandragupta
Maurya subsequently married with the daughter of King of Unan. Thus our country under
the domination of the dynasty of Chandragupta Maurya was extended up to Unan to
Mysore in the south. Thus except Kashmir and Kalinga the boundary our country was
extended upto Afghanistan and Baluchistan. But unfortunately the period of Chandragupta
Maurya could not remain intact.There was the revolt at tatshila which was suppressed
during the reign of Bindusar by great ruler of our nation namely Ashoka the great .King
Ashoka fought a battle with Kalinga and in this manner the dimension of the area which
was
extended
upto
Baluchistan
was
further
extended
from
makaram
,sindh,kutch,kyauli,swat ki vally but Kashmir Nepal and Assam remained in exclusion to
the aforesaid domination.
Subsequently Great King Ashoka became the disciple of Lord Buddha and he
has started expansion to the percepts of the religion by having the affixation of the symbolic
predomination adhered with the aforesaid religion. He constructed the Ashoka pillars from
mono block of a rock .On the top of which there was the symbolic resemblance of four lion
while in midst there was a chakra comprising of 24 arches and the Bull and the elephants
scriptures were carved out in the middle of the single rock below which there was the lotus
in the downward directions. The symbolic resemblance of the lotus became a tradition for
construction of the temple. Thus we may find out that wherever the lotus is evident on any
monument with the scripture like the vegetable leafs, grapes , peacock and other religious
offering provided to the deity kept inside the temple.
The foundation of Muslim religion were based on the concepts of destruction of the
existing values prevalent amongst the Buddha and Hindu religion. Although prophet
Mohammed was himself the follower of Hindu religion he was initially opposed to existence
of other religious adomination. There was the preaching that whosoever he might be ,he
does not follow the Islam then there may be the army of Muslim followers who may terrorize
him for conversion to the Islam. In this process if there may be the use of terrorism by
showing of it the follower of other religion may loose the confrontation in the expansion of
Islamic Muslim fundamentalist then even the Kuran use to profess the aforesaid crusade.
Thus after the existence of such a drastic army of the crusaders, there was no possibility
that the other peace loving religion may still remain in existence. Unfortunately Hindu,
Jain, Buddh religion followers were dependent upon the policy of non-violence, peace and
tranquillity and under there religious philosophy the entire world is like a family of the
different ideology. Thus the beginning of the Muslim invasion in our country starting from
the time of Mohammed Bin Quasim in 712 A.D., there was the gruesome murder
committed of King Daher and thereafter his two daughters after outraging their modesty
were handed over by Mohammed Bin Quasim to his uncle namely Abdul Abbass of Oman.
However the Muslim ruler after been instigated by the daughters of the King Daher got this
Mohammed Bin Quasim death by putting him alive inside the leather of the cow for
invading the chastity of two girls prior to their offering to Sultan. This was the beginning of
destruction of our cultural heritage by these ruthless invaders. The description of it may be
seen in a book written by R.C.Mazumdar namely the ‘Arab mission of India’.
Sultan Mohammed Ghaznavi robbed Somenath temple ultimately after
invading and defeating the different Rajput rulers for more than seventeen time from the
year of 1000 to 1026 A.D. This man was the follower of Islam who destructed many temples
during his aggression. Abdul Fateh Daud ,a Muslim ruler of Sultan was so terrified that he
offered his apology to Mohammed Ghaznavi and at the same time Jaypal who committed
the suicide instead of being surrendered before Mohammed Ghaznavi, his son Anand Pal
was also defeated near Peshawar. In the sixth attack committed upon our nation by
Mohammed Ghaznavi. Anand Pal thereafter associate dthe King of Ujjain, Gwalior,
kalingar , kannuanj ,Delhi and Ajmer but due to the division in the army , Mohammed
Ghaznaviu again defeated him and thereafter the he attacked on the Palace of Nagarkot
Kingdom. These invasions started from the year of 1007 upto 1027 A.D. continued to
remain near Sindhsagar Navnandh , Yagesghwar,Barran,Mahram,Mathura ,Kalinjar and
ultimately at Katiabad due to dis integrity of the Hindu rulers. Ultimaley Mohhamed
Ghaznavi died on 30th April 1030.
The journey of Shahabuddin Mohammed Gauri started from 1176 to 1178 for the
victory of Multan and Kutch,He conducted so many attacks with the help of King of Jammu
upto 1186. He entered in Gujrat but Mool Raj the King of Anhilavada got him defeated.
However in 1191 he conquered Malinga and Shar-Hind which included the territory of
Delhi. Thus Delhi and Ajmer remained under his domination while he attacked at Kannuaj,
Chandivada (near Etawah), Gwalior and Vijana. Gayasuddin Mohammed Gauri died in
1102.
The reason for the defeat of Rajput rulers was on account of the fact, which is
exhibited by the recital of Turk aggressors that there is the survival of the fittest. There was
no morality in the Hindu army and as such they were defeated by the Muslim rulers. The
main reason for the defeat were the caste system, and idol worshipness prevalent at the
relevant time. The intellectuals were side tracked and the society was divided into many
segmentation in which Kshatriya only were considered to be the fighting class amongst the
Hindus. The citizens were having the orthodox feeling and they were very much living
under the domination of superstitions. This was the reason that the Hindus were subjected
to the cruelty by the foreign invaders.
Kutubuddin Aibak appointed a Muslim governor upon Ajmer. He expanded the
territory of Mohammed Guari to Meerut, Jhansi, Kol and Runthambor. He converted many
temples into Muslim Mosques at Gwalior and Anhilvada. Bengal was invaded by
Bakhtiyaruddin Khilji at the time of Kutubbuddin.
There were many rulers namely Aalathmus , Razia Sultana, Naseeruddin Mohammed,
Tuglaq Khan, and ultimately Jalaluddin Khilji came to the power. But his real nephew and
son-in-law Allauddin Khilji trapped him and killed as a traitor. He committed the murder of
Jallaluddin’s sons namely Aktali khan and Rukunniddin. This Allauddin after getting his
enemy killed became the ruler to control the governance of the occupied territory. There
was the stability in respect of the price of food grains. The cow was sold at one by third cost
of the goat during his period. However Alluaddin died in the year of 1316 A.D.
The starting of Gayasuddin Tuglaq and after his death one Mohammed Tuqlaq who was
called as a symbol of many contradictions at the same time he was intelligent and cruel
while on the other hand he was a religious and lunatic but he was called as unfortunate
idealistic who shifted his capital from Delhi to Devgiri at Daulatabad .The successor of
Mahmmaed Tuglaq was Feroz Tuglaq who developed the government farm and made the
invention for the rotation of the crops. He converted many Hindu monuments and all these
monument description is described at Fatauath- e-ferozshahi .The cities were known as
Feroza,Ferozabad,Hissar,Jaunpur and Fatehabad during his time period. He created a
army of the slaves comprising of about one lakh eighty thousand people belonging to the
inhabitant of the same place where he was the conqueror. After the end of Tuglaq dynasty
the Taimur dynasty completely vanished the remains of Tuglaq rluers. However soon the
Taimur dynasty appointed Khijr Khan as there represntative who created Syed regime.It
has been said by the great German philosopher Gete that the success and the defeat are
the part of the same coin as the joy and sorrow are reactionary and the unity is disintegrity
are the reflections of the same quality. This was also the reason that after Mohhamed
tuglaq there was the extinction of Muslim dynasty and there was the beginning of hindu
rulers at Vijaynagar.
Hindu Religion was based on diversity of different caste, Creed, Sects and
Multiplicity of Religion
The correspondent of BBC, London Times, Derspegel , New York Times ,Washington
Post ,Christian Science ,Monitor Times and ‘life’ weekly’s continue to misrepresent these
Hindu Building as that of Muslim origin. The freedom of expression continues to ruthlessly
suppress the truth about these historical buildings belonging to the pre-Muslim origin.
These Historian have meticulously calculatively kept their readership ignorant regarding
the truth of pre–existing palaces and temple prior to declare them the building as Muslim
monuments. Now our government has provided the restriction for taking even the
photograph of the prominent historical buildings in India under the guise of archeological
department as to maintain the status quo regarding the falsehood created by the historian
and to avoid the alleged animosity between the majority class of the Hindu with the
minority Muslim. It has been revelaed by Encyclopaedias Islamia that the Arabia itself
obliterated all its past history by destroying image before the foundation of Islam. The
origin of Kaba which is the central shrine is in itself a Hindu temple surrounded by huge
shrine consisting of 360 HIndu images belonging to Indian king Vikarmaaditya who
founded them in 58 B.C. Even the word ‘Allah’ Is a Sanskrit. Word signifies “Mother or
goddess“ while mekha in Sanskrit signifies a sacrificial fire of Vedic worship prevalent
during the pre Islamic days. The monuments have not only been destroyed in the peninsula
of arvasthan belonging to King Vikramaditya, which was captured by the Arabian during
the Islamic invasion. The intriguing aspect of regarding the existence of Shivalinga in Kaba
shrine in Mecca is well known as sungay aswad that is black stone.
The poetic composition of pre Islamic Arabian poets kept in famous library called as
Makahtab-e-Sultania in Istambul in turkey contains the biographic details of these pre
Islamic construction while the second part embodies the period beginning just after
prohphet Mohammaed upto the end of Vanee- umaya dynasty resembling the Sanskrit
name of Krishnayya voice. There has been a big signboard few mile away from Mecca
banning the entry of any non Muslim in the area. This signboard signifies the period shrine
was stormed and captured by the invader having their faith in Islam. The same position is
visualized at Azmer sharif where there is still the covering over the Shivalinga for which the
Islamic follower are strictly providing the vigilance as it may not be disclosed the existence
of the Temple of Lord Shiva. Thus it be go on searching the different historical facts with
the open eyes we will find that there are ample evidence to deflate the indo- saracenic
architecture theory bubble.
Iron Pillar near the Qutub Tower
The iron pillar bearing a Hindu inscription has been standing un-rusted through
rain and shine for milleniums beside the so–called Qutub Minar amidst the surrounding
temples battered by Muslim hordes. Qutubuddin could never have brought piles of material
and dug a sprawling foundation for the stone tower called (Qutub) inside the narrow
confines of surrounding temples and other building work. Dislodged stones bearing Hindu
images on one side and Arab lettering on the other found the so called Qutub Tower also
prove that Muslim conquerors staked false claim to Hindu monuments through sculptural
forgeries.
Kutub Minar
This 238 ft. tall tower euphemistically called
Kutub Minar was erected by King
Vikramaditya for astronomical observation centuries before Islam was even founded.The
adjoining township called Mehrauli is the corrupt form the Sanskrit term Mihira-Awali
meaning the Mihira township. Mihira was Vikramaditya’s royal mathematician-cumastronomer-cum meteorologist.Even the Arabic term Kutub Minar signifies an astronomical
tower.Kutub and Kutubuddin was a subsequent unwitting mix-up. Around the tower were
27 constellation temples which Kutubuddin’s inscription vaunts to have destroyed.The
tower too has 27 flutings. Near the first storey ceiling are 27 holes one in each is likely.
True to the significance of the term Kutub, this Tower’s entrance faces due north.
Quwat-ul-Islam Mosque
Turned into a mosque called Quwat-ul-Islam
the rows of ornamental pillars of this
monument by the side of the so called Qutub Tower are a clear proof of its having been a
Hindu temple. No genuine mosque has ever such pillars lest reciters of Namaz standing and
bending with half-closed eyes inadvertently break their heads against them.
Nizam-ud-din Tomb
The ornamental Hindu style pillars in the white marble structure turned into Nizamuddin
Tomb. The arch on the right and parts of arches visible on either side of the dome are clear
proof that this haphazard conglomerate of heterogeneous buildings was a part of an ancient
Hindu township stormed by invading Muslim armies. Fakirs like Nizamuddin following in
their wake used to take up residence in the ruins of battered buildings for preaching Islam
to terrorize ‘infidels’. On their death they used to be buried in the ruins where they lived.
That is why tombs like those of Nizamuddin and Bakhtiar Kaki in Delhi, Salim Chisti in
Fatehpur Sikri and of Moinuddin Chisti in Ajmer present a mix-up of Hindu structure
devoid of any coherent plan. Around the Nizamuddin tomb in Delhi are fanciful halls
called Chausath Khamba, crumbling walls, bastions, towers, decadent graves, cellars
,plinths and cornices which are remnants of the stormed Hindu township still remembered
by the term Keel-Ukhri(Kilokri). Keel used to be the central pillar erected when a Hindu
township was planned. Since it got up-rooted in the Muslim assault that area came to be
known as Kilokri.
So called Humayun’s Tomb
Just about half a mile away from this building known as Humayun Tomb is the narrow
staircase from which Humayun the second generation Moghul emperor fell, in Delhi. He
was carried to his palace say contemporary chronicles. This was the palace he was carried
to and it was there that he died a few days later. He was buried in the central chamber
where he lay ill as has happened throughout Muslim history in India. This solves the
tantalizing riddle why we have tombs but apparently no palaces of luxury-steeped pleasureseeking alien potentates. This monument still forms part of Jaipur Estate in Delhi. It is
surrounded by ruined walls, annexes, guesthouses and guardrooms. An arcade of arches
leads to it. Close-by is a huge annexes euphemistically called Arab-ki-Serai deriving its
name from the times that invading Arab hordes encamped in it .The entire grounds are
littered with graves of invading Muslim soldiers slain by Hindu defenders. Before being
turned into a tomb Humayun as a usurper lived in this sprawling Hindu captured palace
which was the focal point of the ruined township since known as Kilokri. The nearby ruins
in which Fakir Nizamuddin lies buried were a part of this huge Hindu citadel.
Roshanara Garden
This is believed to be the tomb of Roshanara, the daughter of the last powerful Moghul
emperor Aurangzeb. Note that it has neither domes nor minarets. Instead it has ornamental
pillars, Hindu arches and cupolas. Very parsimonious and hardhearted as the Hindu-baiter
Aurangzeb was he would hardly spend any money on a Hindu style resting-place for his
daughter’s corpse. Obviously, therefore, this is a usurped Hindu garden palace
commandeered to serve as a tomb as was usual in those times.
Fatehpuri Mosque
This so called Fatehpuri Mosque at one end of Delhi’s crowded Chandni Chowk highway
was a pre-Muslim Rajput temple of the city’s guardian and royal deity Lord Shankara alias
Eklingaji.
Its entrance arches have the Hindu stone flower emblems on either side of the apex. The
word ‘Fatehpuri’ means a conquered (Hindu) township. The marble slab on the red-stone
entrance proclaiming it to be a mosque is evidently as interpolation. The monuments,
arches and pillars and cupolas are entirely of Hindu Rajput style. The so called mosque’s
rental revenue is all derived exclusively from Hindu shops swarming its fringes. This proves
that while the stalls remained with the Hindu their temples fell a victim to conquest and
conversion.
Mausoleum of Safdar Jang
This so called Safdarjang tomb in Delhi was an ancient Rajput palace which devolved on
the Muslim aristocracy through conquest .It has an ornamental Rajput style gateway and a
protective wall with watch-towers and bastions which are superfluous for a genuine tomb.
Safdarjang, an ex-chief Minister of the Nawab of Oudh had been disgraced and dismissed
prior to his death. Who would foot the bill to build a palace for an unemployed deceased
nobleman’s corpse? A little prodding with two sharp questions brings down the entire
illusory structure of tall Muslim claims to Hindu building-work. We ask that if Safdarjang’s
corpse could afford such a stupendous palace he should have had at least ten palaces
when living. But there is none. The other question is that if his heir and successor built
this palace for the corpse of the deceased Safdarjang the former must himself have had
tens of palaces in Delhi. But he too had none. Our answer to this riddle is that Safdarjang
and in fact all alien Muslim rulers and noblemen were buried in their own palaces.
Diwan-I-Khas,Red Fort ,Delhi
Contrary to popular belief the Red Fort in Delhi is a very ancient structure. Prithviraj used
to stay in this Lalkot (red palace). Saffron and ochre are colours sacred to the Hindus, but
avoided by Muslims The main highway of Delhi known as Chandni Chowk connects the
Red Fort with the royal and guardian deity’ temple now turned into Fatehpuri Mosque.
Around this axis was built Old Delhi protected by a massive wall .According to Akbarnama
and the Agni Purana, Delhi was built by the Hindu King Anagpal around 372 A.D. before
founding of Islam.
Agra the Taj Mahal
This symphony in marble was a royal Hindu palace. Its very name Taj Mahal signifies
nothing more or less. Its octagonal shape and the cupolas and four towers at the plinth
corners are all Hindu features. Havell, the English architect has all along stressed that the
Taj is an entirely Hindu structure in design and execution. The four towers used to sport
multi-coloured lights. The Taj precincts are a huge building complex encompassing over
three hundred rooms. The locality was known as Jaisinghpur.
The Marble Screen at the Taj
This ornate marble trelliswork entirely in the Hindu style now encloses tow tombs believed
to be those of Mumtaz and Shahjahan .The network was stuffed with rare gems. Traditional
accounts tell us that this enclosure had silver doors and gold railings to boot. Even
Shahjahan’s and Mumtaz’s palaces never boasted of such fabulous fixtures when the pair
was alive and kicking from the imperial throne. How come then that when Mumtaz
died(1630 A.D.) all this wealth descended on earth all of a sudden. Far from that this
expensive and resplendent enclosure was made to house the dazzling Hindu peacock
throne that throne, wrongly credited to Shahjahan, came to his possession when he
dispossessed the Taj Mahal’s last Rajput owner Jai Singh of this fabulous ancient Hindu
palace.
The Gateway of Taj
The gateway leading to the Taj garden is like any other Hindu gateway tallying in every
detail with those of other forts and palaces depicted. The tiny domes over these gateways in
a row invariably make an odd figure like 5,7,9, or 11,since in Hindu tradition the odd figure
is preferred to the even. For instance donors give away 101,501,1001 rupees but never an
even figure .
Delhi Gate, Agra Fort
This gateway of the Red Fort Agra is entirely in the traditional Rajput style. Like many
other Rajput forts this too had elephant images flanking it. Emperors Kanishka and Ashok
made use of this fort in the pre-Christian era. All its interior apartments too are of the
exclusive Rajput variety. The version which ascribes authorship of this fort to Akbar, is a
piece of court flattery. All its gateways have Hindu names. In addition to elephant images
this fort had images of Rajput horses.
Anguri Bagh ,Agra fort
The Anguri bagh pavilion inside Agra fort proves that the geometrical pattern garden has
Rajput origins. Note the arches, the pillars, the brackets, the cupola at the right, the curved
ceiling partly visible adjoining the cupola, which are all Rajput characteristics.
Golden Pavilion, Agra fort
The cupola in the top left hand corner, the curved roof and the spikes on it vividly depicts
that this Golden Pavilion in Agra’s Red Fort was built by the Rajputs for the Rajputs.
Diwan-I-Aam, Agra fort
The so called Diwan-I-Aam or hall of public audience inside Agar fort has neither domes
nor minarets. Its graceful arches and slender pillars is still the pattern for Hindu pandals
raised for auspicious ceremonies. Muslim tradition has always avoided such Hindu, ‘infidel’
patterns. Theirs are grotesque, tortuous shapes. The Red Fort in Delhi too has an identical
pavilion.
Statue of Akbar’s Horse
This replica believed to be of Akbar’s horse is in fact an earlier Rajput horse. Akbar, a
Muslim ordered no statues. Rajputs were known to erect elephant and horse statues. Those
slyly attributing the construction of Agra Fort to Akbar had willy nilly also to thrust upon
him the erection of ‘infidel’ statues.
Statue of Amar Singh’s Horse Outside Agra Fort
This horse head belongs to pre Muslim times. It commemorates a brave steed. There were
ever so many Amar Singhs in Rajput history. The invented story that this replica is Moghul
wrought and is of the horse on which Amar Singh galloped away in a huff from the Moghul
court takes for granted that the lay visitor has hardly the time or the necessary grounding
in history to debunk such canards.
Tomb of Sadiq Khan
This truncated corner tower cum-bastion of a demolished Rajput palace standing in
splendid isolation was later used to shelter Sadiq Khan’s corpse. That should not, however
blind visitors to the fact that this monument was part of a Rajput palace. Its niches, the
arched entrances and the upper floor all show that it was meant to be a place for the living.
Jahangiri Mahal, Agra fort
The entrance to the so-called Jahangiri Mahal inside Agra fort is of the typical Rajput
design and workmanship. Usurpation and centuries of occupation resulted in Moghul
names being given to earlier captured Rajput buildings. Gullible Western Scholars lacking
indigenous insight perpetuated the myth of Muslim authorship of buildings misled by their
names and latest associations. They hardly cared whether a building was attributed to a
Fakirchand or a Fakir Mohammad.
Jama Masjid,Agra
All so called mediaeval Jama Masjids in India were earlier main (Jama) temples of the town.
This so called Jama Masjid in the centre of Agra was a Rajput citadel with ladies
apartments and an underground passage to the fort. It has a huge basement too.
The inscription crediting its construction to Jahanara Begum is an interpolation.
Jahanara an unmarried lady who spent her sorrowing life in the smothering confines of the
Muslims purdah nursing her imprisoned and deposed father Shahjahan, had hardly any
money left with her. Even for two square meals a day she was at the mercy of her wily and
hardhearted brother Aurangzeb.
Salim Chisti Tomb,Fatehpur Sikri
This so-called Salim Chisti tomb in Fatehpur Sikri is clearly an ornate Rajput temple. Note
the two round stone flower emblems on either side of the arch, and the curving brackets. In
the right background is the typical Rajput gateway capped by cupolas. The lotus shaped
fountain base in the foreground tank is also reminiscent of Rajput ownership.
This ornamental pillar Pillar supporting Akbar’s Throne in Diwan-I-Khas with a narrow
circular perch on top approached by four stone-slab bridges in Fatehpur Sikri could as well
have been a royal Rajput bathroom while concocted Akbar legends claim it to be a throne
room. But throne rooms in Akbar’s time were not as tiny as a Pigeon house.
Hiran Minar,Fatehpur Sikri
This so called Hiran Minar infront of the Hathi Pol gate of Fatehpur Sikri is falsely calimed
to mark the burial of a pet deer(Hiran) of Akbar .We ask whether th edeer had whispered a
dying wish in Akbar’s ear to be commemorated with a fat Hindu temple lamp post? The
bristles were used to support oil lamps Such pillars are common infront of Hindu Temples
and palaces.The spiralling staircase inside leading to the cupola on top remins one of the so
called Kutub Minar in Delhi which have proved to be of Hindu origin.This tower was known
as ‘Hiranmaya’ since it sparkled like gold when it bristled with flames of hundreds of lamps
hung on it. That Sanskrit word has been deftly twisted to be stuffed into the concocted
Akbar legend.
Buland Darwaza, Fatehpur Sikri
This towering gateway in Fatehpur Sikri is currently known to us as Buland Darwaza.It is a
typical Rajput Township. The stone flower emblems flanking the arch are an unmistakable
sign of its Hindu origin. The three big cupolas and the 13 tiny ones in front in a row on the
terrace front are of the exclusive Rajput design. The slender pillars spiked at the top were
used for hoisting flags. Such pillars are a part of almost all-mediaeval Rajput monuments.
The stone flower emblems are invariably present on all Hindu homes and temples of the
orthodox design, while they never exist on genuine mosques.
Itmad-ud-Daulah’s Tomb
This interior mural decoration in the so called Itmad-ud-Daulah tomb ,Agra is no different
from that found the pre-Muslim Ambar palace in Jaipur,which proves that the building
was an earlier Rajput palace.
So-called Akbar’s Mausoleum at Sikandra
Every arch, supporting brackets and capping cupola of this mansion consisting of pile
upon pile of pavilions proves to the hilt that it was a Rajput palace. Euphemistically called
Sikandra ever since Sikandar Lodi a Pathan ruler lived in it, this mansion six miles to the
north of Agra is known to posterity as Akbar’s tomb. Akbar lay ill and died here.
Gateway Sikandra
This is the majestic gateway to Sikandra Palace. The mansion inside was turned into a
tomb after Akbar’s death. It was built by the Rajputs centuries before Muslim invaders
launched on a career of vandalism and usurpation. The four towers rising above the
gateway are replicas of the Taj Mahal towers. The mosaic flooring of the mansion has the
esoteric Hindu Shakti-Chakra (interlocked triangles) inlaid in it by the dozen. Muslim
funeral rites admit of no such design.
Salabat Khan’s Mausoleum,Agra
This Salabat Khan’s mausoleum is a truncated Rajput pavilion allotted to Khan for his
residence.On his death he was buried there.
Ganesh Pol Ambar Palace,Jaipur
It was built around 984 A.D.,it had obviously no Muslim influence. the gates of all extant
mediaeval monuments in India are similar to the Ganesh Pol. Gates of Mosques and tombs
in west Asian countries are also of identical design. This proves that far from Indian
mediaeval monuments having being designed or ordered by Muslim potentates and
craftsmen, it was West Asian monuments, which were designed and executed by Indian
technicians as recorded by Mohammed Ghazni and Taimurlang.
Incidentally it may also be pointed out that the recorded fact of Mohammed Ghazni
having been buried in his own palace in Ghazni(1030 A.D.) also proves that all so called
Muslim tombs whether in India or in West Asian countries are usurped palaces which they
occupied during their life times.
Shish Mahal Ambar
This Shish Mahal inside the Ambar fortress in Jaipur was built (about 984 .A.D.) centuries
before the founding of Muslim Kingdoms in India. Its ornate inlay work is no different from
that in what are believed to be mediaeval Muslim mosques and tombs. It proves two things;
firstly that the so-called tombs and mosques were of Rajput origin and secondly that they
were intended for the living not for the dead.
Palace Garden Ambar
This pavilion and the garden in the Ambar Palace with its spiked and curved roof, the
graceful Hindu arch and the geometrical design in the foreground is typical of all mediaeval
buildings. Ambar which lies three miles away from modern Jaipur, was founded not later
than 984 A.D. That was much before alien Muslims established their principalities in India.
Readers not acquainted with legal procedure might then ask as to whether there is any
documentary evidence available to prove that the fort was built by the Hindus in the prechristian era. The answer to this is that the immense Hindu evidence that existed in the
form of Hindu idols, inscriptions and documents in the archives of ancient Hindu kings was
all looted and destroyed when Mohammad Ghazni first raided the red fort in the early part
of the 11th century and again when the fort remained under continued Muslim occupation
from 1526 to about 1760 A.D. If the owner of a building is forced out of his mansion and
the aggressor remains in occupation for several centuries will the owner find his record
intact on obtaining possession of his mansion after several centuries?
There is thus a valid reason why Hindus are not in a position to produce any
documentary evidence with regard to the Hindu origin of fort. Even then we maintain that
if a systematic archaeological excavation is undertaken inside the fort and if its dingy
cellars and basements are opened and scoured they may still reveal Sanskrit inscriptions
and idols smashed and buried by Muslim occupiers. In fact whatever little and excavation
has been made has resulted in the recovery of horse and elepahnt statues. Yet taking
things as they stand any court of law will uphold the plea that Hindus have a valid reason
for not being able to produce any documentary proof.
The court will then ask the Anglo-Muslim school to produce its documents. That school too
has not got even a shred of a document to prove that any one ot more Muslim rulers built
or rebuilt the fort. A hazy mention to that effect in a court flatterer’s chronicler is no
documentary proof. It is like you or we noting in our diaries that we built the Houses of
Parliament in London.
There is no valid reason why Anglo-Muslim school should not be able to produce even a
single document pertaining to the Muslim claims to the fort. Had the claims been true such
documents should have been available in plenty because when the British deposed the
Mogul emperor they preserved and carefully classified all the documents they seized form
the mogul archives. Those records contain hardly anything but letters.
When the Anglo-Muslim school is unable to produce even a single document in support of
its claim any law court would draw an a priori adverse inference. Even then we claim no
special advantage form this fundamental weakness in the case of the respondent AngloMuslim school. In ordinary life there are very many occasions when documents are not
available on either side and yet there is overwhelming circumstantial evidence on the basis
of which the court can come to a clear judgement over the rival claims.
Its is such circumstantial evidence which we propose to lay before the bar and bench of
learned public opinion:
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
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.
8.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.
9.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.
10. Despite several centuries of Muslim occupation and canards of Muslim authorship
all the fort’s Hindu associations are intact. This is something remarkable.
11. 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.
12. 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.
13. 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 ,conquereors,usurpers.I
14. 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.
The great Kshatriya community pride to defend their faith and the culture of our country
against foreign invasions in converting the monuments by the foreign invaders require a
sacrifice magnanimity an moral purity in the exposure of the truth to the public and
thereby to safeguard their right of freedom of information couched under Article 19(1) (a) is
the theme behind the writing this Article .The serene beauty, majesty and grandeur of the
Taj Mahal, one of the seventh wonders of the world is not so well known regarding the true
story of its origin. The magnificent palace which was built earlier got converted into the
Tomb .The changeover has proved a shroud deluding from lay visitors to the researchers
and the great historian Sri P.N.Oak, a co-worker of Netaji Subhash Chandra Bose. The
popular nostalgia of legendary love to get the conversion of every Hindu Palace/Temple due
to mythical attachment from fanatic raging fire converting dazzle of leaping flames and
blinding smoke should be discouraged into a cool research regarding the origin. This is
required to check a different form of terrorism prevalent amongst the crusader of the death
to the innocent victim on the psychological level. Let us examine the scared truth about the
origin of the monuments.
The meticulous inquiry into the matter through the coherent and authentic
account .The exposure of the falsehood is always reconcilable with the historical event and
thus the burden of proof is always lying upon the individual denying the existing facts. The
onus will be shifted upon the authority when inconsistent anomalous and contradictory
versions about the origin of Taj Mahal may be scientifically tested upon the yardstick of the
truth. Let us begin with Badshahnama, a Shahjahan’s chronicle which discloses that the
cost of scaffolding exceeded that of the entire work done regarding Mausoleun. Mr Narul
Hasan Siddiqui book that a Hindu Palace was commandeered to bury Mumtaz in which
Shahjahan’s fifth generation ancestor Barbar lived in Tejo Mahalaya. All these facts are to
be examined through the scientific methods in order to expose the false propaganda that
the Mogul invaders have not given any contribution for building the monuments. We may
further examine that the mythical indo Saracen architecture medieval mosques and tombs
in India were built or conquered and misused by the invaders the number of such
monuments may include Mohammed Ghaus ‘s tomb in Gwalior,Salim Chisti mausoleun in
Ftahepur Sikri,Nizzamuddin Kabar in Delhi ,Moinuddin Chisti’s Makbara in Ajmer ,Red fort
Shicundera Etamatudaula at Agra, Jama Masjid ,Red fort Delhi, Kutub Minar in Delhi
and Sufdarjung. The disputed site of Lord Krishna temple Mathura and Vishwanath Temple
at Varanasi may also be examined not only to resolve the controversy but also to curve out
the animosity among the citizen in India on the ground of the religion.
The extract of Badshahnama may be examined after getting them translated form Persian
passage in the English rendering. On page number 403 of Badshahnama it is admitted in
verse 26 to 33 that Huzurat Mumtazul Zamani whose sacred dead body was buried in
Burhanpur in a garden was brought from 600 miles after six months and transported to
Agra(Akbarabad). In the south of the great city there was a palace of Raja Maan Singh
which was owned by Raja Jay Singh known as Tejo Mahalaya(The temple of Lord Shiva
/Teji ji) And this place was selected burial of the Queen for which the great ancestral
heritage ,religious sanctity was associated with Raja Jai Singh who was compensated by
offering the government land.Thus a palace was converted in a dome, handy readymade
Mausoleun.The authority of Badshahnama is the first proof regarding the existence of the
temple at the time when Huzurat Mumtazul Zamani was buried. The similar treatment
were given to the different Hindu palaces and temples by converting them at as Mausoleun
of Akbar at Secundara and Humayun in Delhi and the Vishnu temple to Kutub Minar by
overbearing Muslim fanatic potentate specially when these monuments were constructed
by Hindu Rulers.
One great tragedy of Indian history has been that while Indians remained subdued and
gagged under alien domination for over a millenium foreigners who wielded all power in
India played great havoc with Indian history merrily destroying or distorting it at will either
out of sheer cunning and cussedness or through their colossal ignorance and wanton
barbarism.
In that process all mediaeval buildings which came under long Muslim occupation came to
be misused as tombs or mosques. And in course of time, thanks to alien chauvinism, court
flattery and fanatic cunning ,all ancient Hindu townships and building got ascribed to
Muslim authorship. Thus with astounding historical naivete Ahmedabad was, by its sheer
name, assumed to have been founded by Ahmedshah ,Tughlaqabad by Tughlaq Shah and
Ferozabad by Ferozshah .
If one is to be guided by such puerile logic and shallow historical scholarship then one will
have to conclude that the city of Allahabad in the state of Uttar Pradesh must have been
founded by the Muslim God Allah himself. This is with regard to mediaeval townships. But
even for mediaeval buildings the same nonchalant, nondescript method is followed. Thus it
is blatantly stated that if a building is known as Salimgarh it must have been built by or for
Sheikh Salim Chisti (emperor Akbar’s fancied spiritual preceptor ) or Prince Salim (Akbar’s
heir apparent)or some other Salim. Likewise if a building is called Jahangiri Mahal it is, by
that very token insisted that it must have been built by Prince Salim after ascending the
throne as Jahangir. Such superficial derivations and conclusions about authorship make
nonsense of all historical research methodology.
During nearly 1100 years of alien rule in India most of her history has been
distorted or destroyed. All massive, majestic and alluring historic Hindu
constructions in India ,from Kashmir to Cape Comorin ,have got ascribed to
alien Muslim invaders such as Turks, Afghans,Iranians ,Arabs, Abyssinians
and Moguls out of sheer usurpation or conquest. Such misappropriated
constructions include forts, palaces, mansions, sera’s, roads, bridges, wells,
canals and even road- side mile-pillars. Misuse of a colossal number of Hindu
temples, palaces and mansions as tombs and mosque for several centuries
has misled many generations of the publics, tourists, students and scholars of
history all over the world into believing that those buildings were originally
commissioned by the Muslims.
The intelligentsia of Hindusthan has been somewhat slow in assimilating that finding is a
measure of the havoc that history causes in the minds of a subject people by making it
impervious even to logic and legal proof. While warrior -patriots like Rana Pratap and the
great Chhatrapati Shivaji spill their purple blood to emancipate the land and its people
should it not be the patriotic duty of historians to spill at least some blue-black ink for an
academic re-conquest of occupied buildings falsely ascribed to alien conquerors?
The so called Imambadas in Lucknow for instance are ancient Hindu places which are
being merrily ascribed to this or that alien Muslim nawab who subjugated that part of
Hindusthan.
There was E.B.Havell,a great architect and one endowed with deep insight. Havell has
debunked the claim that the Taj Mahal is the product of any non-Hindu architectural style.
In discussing the architecture of the Taj Mahaland the claim of some historians that an
Italian named Veroneo may have been its designer, Mr. Kanwar Lal quotes Mr.Havell thus:
“So if Veroneo was so deeply versed in Indian craft tradition that he could design a lotus
dome after the rules laid down in the Shilpa Shastras ,the dome itself ,built by Asiatic
craftsmen would not have been his. The dome of Taj at Agra and the dome of Ibrahim’s
tomb(in Bijapur) both are constructed on the same principles. They are nearly of the same
dimensions, and a fact unnoticed by Fergusson and his followers , the contours of both
correspond exactly, except that the lotus crown of the Taj at Agra tapers more finely and
the lotus petals at the springing of the dome are inlaid instead of being sculptured. The Taj
Mahal is, infact, exactly such a building as one would expect to be created in India …by a
group of master builders inheriting the traditions of Buddhist and Hindu buildings. The
plan which consists of a central dome chamber surrounded by four small domed chambers,
follows the plan of an Indian pancharatna ,or “five jewelled” temple. Its prototype as have
shown elsewhere is found in the Buddhist temple of Chandi Sewa in Java and in the
sculptured stupa shrines of Ajanta. Neither Shahjahan nor his court builders, much less
an obscure Italian adventurer can claim the whole merit of its achievements.
How very clear is Mr.Havell in his assertion that the Taj Mahal is built in the ancient
Indian, Hindu style and none of Shahjahan’s contemporaries could design or conceive of it.
We regret that Mr.Havell was unaware of the admission in Shahjahan’s own official
chronicle, The Badshahnama, that the Taj Mahal is an ancient Hindu mansion. Had that
confession come to light in his time he would have rejoiced to find his architectural
conclusion fully corroborated by history, and he would then have been acknowledged as an
authority on Indian architecture far superior to Percy Brown or Fergusson.
Like all other so called Muslim tombs i.e. Hindu buildings used by them first as residences
and later as burial places the Taj Mahal too is not a single tomb but an ancient Hindu
mansion reduced to an Islamic burial ground. Besides Mumtaz, Shahjahan himself lies
buried by her side. But that is not all. There are two other graves in the same precincts.
Mr Kanwar lal (P. 69 The Taj by Kanwar Lal ,ibid.) observes . “At the other end of the
Jilokhana, towards the east there are again two buildings These are the tombs of Satunnisa
(Khanam) who was a favourite attendant of Mumtaz Mahal and who was entrusted with the
task of looking after the temporary tomb of Mumtaz Mahal at Burhanpur. Similar is the
tomb of Sarhandi Begum, another of Shahjahan’s queens. The two structures are built
exactly the alike.”
The Satunnisa Khanam’s tomb consists of a high octagonal plinth, round a central
octagonal mortuary chamber. That Taj is based on good authority, but the special
assignment to her of this particular tomb has no better foundation than popular belief.
That shows that like every other detail about the Taj Mahal legend even the Satunissa
Khanam tomb is a concoction. All such tomb like mounds were erected in usurped Hindu
mansions so that Hindus may not reclaim and re use those buildings. The Muslims knew of
the Hindu weakness of not disturbing or reclaiming sepulchral sites. So, erecting false
oblong grave like mounds was like posting a strong military contingent or planting a
scarecrow, which cost practically nothing. It was a simple device a strategic totem to claim
Hindu buildings for Islam and it worked admirably.
It is sometimes innocently asked by history teachers that if the Taj Mahal had existed
centuries before Shahjahan, how is it there are no earlier references to it. There are three
answer to the question. Firstly, the Taj Mahal being then the palace and not the monument
open for public inspection as it now is, used to be closely guarded. It was accessible only to
the elite and then only on invitation or conquest. As such one cannot except the same
prolific references to it as a tourist attraction that one comes across in these days of
publicity and modern communications. The second answer is that ancient and mediaeval
India teemed with mansions, palaces and temples of bewildering and bewitching variety, so
much so that being all very spectacular, one could not be distinguished from another by
mere description. Despite such very good reasons for not expecting any identifiable details
in earlier records of what is at present known as Taj Mahal, luckily, Babur, the founder of
the Moghul dynasty in India, who was the great great grandfather of emperor Shahjahan,
has left us a disarming and unmistakable description of the Taj Mahal, if only we have the
inclination and insight to grasp it. So our third answer to the question why no mention is
found in earlier chronicles of the Taj Mahal and other buildings is that though many a time
there is a clear mention of such buildings, our senses benumbed by traditional tutoring fail
to grasp their significance. Such is the case with the Taj Mahal.
The rampant corruption was prevalent during the Mogul time and there were large
percentage of unauthorized profits of innumerable middle men thus there was no money to
raise a cenotaph in the ground floor in octagonal chamber by covering them with costly
mosaic stones to match with the palace flooring and barricading the hundred of rooms,
ventilators staircases, doorways, balconies and corridor. There exist a seven-storey marble
Tejo Mahalaya Hindu temple palace complex. The seven storey massive girth in its lofty
gateways and arches necessitates the removal of stone pitching and as such Badshahnama
discloses the expenditure incurred in scaffolding of these Hindu complexes and in
engraving the Koran on the walls of edifice. The great French merchant visitor Tavernier
testimony too fully corroborates the aforesaid conclusion. Let us examine his testimony
introduce in Maharashtreeya Jnyankosh. “Jean Baptiste Tavernier, a French jeweller,
toured India for trade between 1641 and 1668 A.D. His travel account is mainly devoted to
commerce. He used to sojourn at Surat and Agra (while in India). He visited all parts of
India, including Bengal , Gujrat ,Punjab, Madras , Karnatak, etc. He owned a vehicle .He
had to spend Rs. 600 for the cart and pair of bullocks. ‘The bullocks used to cover 40 miles
a day for two months at a stretch. Four days were enough for the journey from Surat to
Agra or Golcunda and the expense used to be between Rs. 40 and Rs.50. The roads were as
good as Roman highways. European traveler’s felt inconvenienced in Hindu territories for
want of meat, which was freely available in Muslim dominions. A good postal system was in
vogue. Both the town –folk and the government used to provide protection against highway
robbery’…is the kind of information Travernier has recorded (in his book titled Travels in
India). Not being learned, he has not recorded much except where wealth and commerce
was concerned.
The other important piece of evidence arises from some chance digging
conducted in the Garden in front of the marble edifice early in the year 1973 A.D.It so
happened that the fountains developed some defect .It was therefore thought advisable to
inspect the main pipe that lay imbedded underneath. When the ground was dug to that
level some hollows were noticed going down to another five feet. Therefore the ground was
dug to that depth. And to the utter surprise of all there lay at that depth another set of
fountains hitherto unknown. What appeared more significant was that those fountains are
aligned to the Taj Mahal, decisively indicating that the present building existed even before
Shahjahan. Those hidden fountains could have been installed neither by Shahjahan not his
successors, the British. Therefore they were of the pre-Shahjahan era . Since they were
aligned to the Taj Mahal building it followed ipso facto that the building too pre-dated
Shahjahan. This piece of evidence too therefore clinches the issue in favour of our
conclusion that Shahjahan only commandeered an ancient Hindu temple –palace for
Mumtaz’s burial.
The archaeology officer who supervised that digging was Mr.R.S.Verma, a conservation
assistant. This same official made another chance discovery. Once while strolling staff-inhand on the terrace near the so-called mosque and the circular well on the western flank of
the marble edifice. Mr. Verma detected a hollow sound coming from below the floor where
his staff hit the terrace. He had a slab covering that spot removed and to his surprise that
was an ancient opening, apparently sealed by Shahjahan, to a flight of about 50 steps
reaching down into a dark corridor. The broad wall under the terrace was apparently
hollow. From this it is clear that the corresponding spot on the eastern terrace also hides a
similar staircase and corridor, at its bottom. And God only knows how many more such
walls, apartments and stories lie sealed, hidden and unknown to the world. Thus also
incidentally points to the sorry state of research with respect to the Taj Mahal. Nobody
seems to have done neither any archaeological investigation in the grounds of the Taj
Mahal nor conducted a diligent academic study of the whole issue. Apparently extraneous
political and communal considerations have inhibited historians and archeologists from
conducting any meaningful research into the origin of Taj Mahal. Such Academic cowardice
is highly reprehensible.
Naturally when chance alien visitors like Peter Mundy visit such sites undergoing
extensive superficial changes his observing that “the building is begun….( and ) is
prosecuted with extraordinary diligence “ is not wrong .He couldn’t visualise that some
generations after him posterity would be bluffed into believing that the Taj Mahal complex
was raised by Shahjahan himself .Travernier and Peter Mundy could not possibly visualize
such a falsification of history and could not be more explicit. We ourselves visiting some
building as chance visitors wouldn’t be more explicit. For instance if we were to visit
Bombay or London at a time when somebody has acquired somebody else’s mansion and
has enclosed it in massive scaffolding to renovate it for his own purpose we won’t dare or
care to ask him how he acquired the building ,for how much, from whom ,what changes he
proposed to make ,and spend how much over it .We would simply refer to it as his building.
Such inquiries are all the more impossible when a wide hiatus of language, race, culture
authority and wealth separates the two.
Peter Mundy also fortunately records the object
of the leveling up of the hillocks. The hillocks were removed , he says, ”because they might
not hinder the prospect “ of the mausoleum .The very fact that within a couple of years of
Mumtaz’s death the hillocks were leveled to afford a glimpse of the mausoleum clearly
indicates that the Taj building complex already existed .All that was necessary was to level
some of the hillocks and make the building visible from a distance. In fact the very object of
the ancient Hindu builders of the Taj raising those hillocks seems from Mundy’s noting, to
prevent the tempting Taj to be the target of a malicious enemy’s attack. Since Shahjahan
was converting it into a tomb open to all and sundry, he no longer had the need to keep it
out of the gaze of enmical people.
Waldemar Hansen notes on pages 181-182 of his book (titled “The Peacock Throne”
,published by Holt ,Rhinehart and Winston ) that “Even as early as 1632 on the first
anniversary of Mumtaz Mahal’s death ,the courtyard of the mausoleum in progress had
been adorned with superb tents, with the entire court assembled to pay homage- princes of
the royal blood ,grandees and an assemblage of religious scholars including sheikhs,
ulemas and hafizes who knew the whole Koran by heart. Shahjahan had graced the event
with his presence, and as the empress’s father Asaf Khan was present by imperial request,
a great banquet was spread before the then nascent tomb and guests partook of a variety of
foods, sweetmeats and fruits. Verses from the Koran filled the air, prayers were offered for
the soul of the dead and a hundred thousand rupees went into charity. In later years on
other anniversary days, Shahjahan attended memorials at the incomplete edifice whenever
in Agra, formally accompanied by Jahanara and the harem .The ladies always occupied a
central platform set up for the occasion, and remained concealed from the public gaze by
kanats, screens of red cloth and velvet. Noblemen gathered under pitched tents.
“The Mehtab garden is innundated and looks desolate. Its scenic beauty will reappear only
when the floods recede”. That the rear portion of the building complex remains safe is a
mystery. The stream keeping away from the rear wall has prevented damage.
“On Saturday too I visited the spot and then I called on the Prince (Dara) who also paid me
a return visit. Then taking leave of all I resumed my journey (to take charge as govrneor of
the Deccan) on Sunday and today the 8th instant I am in the vicinity of Dholpur…”
Thus from Aurangzeb’s noting it is apparent that in 1652 A.D. itself the Taj Mahal building
complex had become so ancient that it needed elaborate repairs. So what was carried out in
1652 A.D was not the completion of a new building but the repairs to an old building
complex. Had The Taj Mahal been a building completed in 1653 it would not have fallen to
the lot of a chance ,lone visitor like Aurangzeb to notice the defects and order repairs in
1652.The defects should have been noticed by the thousands of workmen and hundreds of
court supervisors who were supposed to be building the Taj Mahal. And since such
serious defects had been in fact noticed a year before completion all the tom-tomming of
the “master –builders” of the Taj is utterly unjustified. The builders of the Taj were no
doubt master-craftsmen but they were not Shahajahan’s contemporaries but Hindus of
several centuries earlier. Similarly it was not Shahjahan who commissioned the Taj Mahal
but some ancient Hindu king . Likewise the Taj did not come into being as an Islamic
mausoleum but as Hindu temple –palace.
The builders of the Taj Mahal –ancient secret revealed
“Tourists come from the world over to see Taj at Agra and all marvel at the genius of the
architects that could plan and accomplish so lovely a “dream of marble”.
They were commissioned by the Mogul emperor Shahjahan to raise a mausoleum
befitting his love for Mumtaz Mahal , his beloved consort ; and they created this Wonder of
the world.
“Yet, despite strenuous efforts to discover it , their identity had remained a mystery ;wild
guesses as to their origin being foreign were abroad. Even Bernier (1642 A.D.) notes only a
rumour that the architect was killed lest the secret of his art be revealed and a rival to Taj
created.
“But the secret has at long last been found in a manuscript book discovered lately in the
library of Mr.Mehmud Khan of Bangalore. The glory of building the Taj belongs definitely to
India,to a family of Lahore architect, Ahmad, the father ,and his three sons. The book is in
Persian verses in the Persian character, its author being Lathfullah Maaahandis, himself
one of the three son architects and it is almost 300 years old, falling within the last years of
Shahjahan’s reign.
“ It has been declared to be the only copy in the world, by the well-known authority on
these matters , Syed Suleiman Sahib Nadvi,Principal ,Shibly Academy ,Azamgarh.
“The book is in Mahandis’ own handwriting .As is noticed from different verses, the author
was a staunch follower of Dara Shikoh , Shahjahan’s eldest son ,and when Aurangzeb
finally came to power, after defeating Dara Shikoh, the author and his family suffered. He
sent a petition to the emperor but as it was not heeded the family had to retire into
seclusion and poverty.
“It seems that the book was very secretly kept by the family in fear of Aurangzeb ,as it
contained verses in praise of Dara Shikoh .The subsequent dates and writing on the last
page show that the book was brought and kept in the library of the library of the historical
personage Nawab Ebrahim Khann Hazbar Jung ,the famous Mahammedan general nick
named Gardy ,who sided with the Maharatas in the battle of Panipat in 1761 against
Ahmed Shah Abdali.The book has been in the family of the present owner for generations,
but it was not noticed until Moulana Syed Suleiman Nadvi ,the well known historian,
author and editor of the Moariff (the monthly journal of the Society of Authors and Shibly
Academy, Azamgarh ,U.P.) Discovered it and, on information gleaned from it, read a lengthy
Urdu paper on the builders of the Taj in Punjab University.
“In the verses on two pages of the book described in the article, the author praises
Shahjahan ,and speaks of his father Ahmed, the ‘Nadar–ul-Asar’ (the unique of the world
),as supreme master craftsman, geometer ,astronomer and prosateur .He was appointed
court architect by Shahjahan’s Ryal Warrant ,and was the builder of the Taj Mahal at
Agra and the Lal Quila (Red Fort) at Delhi. He died in 1649,two years after the Taj was built
.The author his son and co-architect of the Taj learnt at his feet.”
Article titled Some Facts About the Taj Mahal by Mohammed Din, published in The
illustrated weekly of India dated December 30,1951.The article runs thus:
“When The Taj Mahal was built, the many mechanical aids available today were unheard of;
yet the extraordinary ingenuity employed in its construction and the high degree of
engineering skill evidenced in its design make the mind pause.
Not less remarkable were the talent and skill of the artisans employed. In translating this
fabulous architectural dream into brick and mortar, and area 967 ft. long and 373 ft. wide
was excavated to a depth of 44 ft. where sub-soil water was met .The whole excavated area
was filled in mass with rubble stone in hydraulic lime to provide a common foundation for
the three heavy structures, the Taj Mahal , Jamaet – Khana and one mosque which were to
be raised close to one another. About 20,000 men were engaged on this work.
“Over this foundation the plinth of the Taj Mahal , 313 ft. square and 8 ft. high, was built
in stone with hydraulic lime mortar and marble stone casing. The casing was laid after the
rubble masonry was raised to its designed height, then the marble facing was set.
“The main engineering problem was to haul up the materials to the required height during
the progress of the work. This was done by constructing wooden pillars of square timber
posts bundled together and skillfully tied with top levels at different heights, and so spaced
as to carry a strong platform 40 ft. wide and a spiral roadway with a slope of 1 in 20, to
permit loaded mules and mule carts to run over it, and to hold dumps of materials for
construction work. This spiral platform was continuous and ran all round the dome, and
remained in position till the work was raised to its designed height of 240 ft. above ground
level. Special engineers were engaged to build the scaffolding and platform, and 500
carpenters and 300 blacksmith were employed on this project alone. The total length of the
spiral platform was about 4,800 ft. The mortar was hoisted by means of Persian wheels,
which were fitted on the spiral platform. These were worked by bullocks and mules.
“The materials for the massive work were brought from many distant places. The marble
stone was obtained from Makrana in Rajputana ,for which about a thousand elephants
were engaged. The maximum weight of a block of stone was about 2.5 tons, which is the
safe carrying capacity of an elephant. A number of elephants were also engaged to work the
pulleys.
“The timber for scaffolding was brought from the Kashmir and Naini Tal areas. About 2000
camels and 1000 bullock carts were employed for carting bricks and light materials to the
construction site and about 1000 mules for lifting the materials along the spiral platform.
“The marble stone required for drum and dome was dressed on the ground and then lifted
and laid in position by means of pulleys…
“After the main dome and drum work was finished, work on annexes and subsidiary
buildings was taken in hand and completed in the same manner.
“There are four minarets at the four corners of the Taj Mahal …
“The river Jumna was half a mile away from the structure. After the building was
completed , the river was diverted artificially to flow alongside the Taj to add to the beauty
of landscape.
“Contemporary Muslim writers recorded the names of those who designed and constructed
the Taj Mahal, and the names and quantities of precious stones used. It appears that
Mohammed Isa Afandi, of turkey, was the chief designer and draftsman. Among the other
foreigners employed on the construction, there were men from Arabia ,Persia, Syria
,Baghdad and Samarkand and there was at least one Frenchmen, Austin de Bordeaux, a
goldsmith.
The precious stones used included 540 pieces of cornelian from Baghdad, 670 turquoises
from upper Tibet, 614 malachite’s from Russia ,559 onyxes from Deccan and 625 diamonds
from Central India. The construction of Taj Mahal was begun in 1632 and was not
completed till 1650.It is believed to have cost more than a crore and a half of rupees which
in terms of the present value of money ,would be at ten times as much .Two thirds of this
were contributed by the State office and one third by third by the State treasury of the
province. The allocations of expenditures on different parts of the structure have been
carefully recorded in documents which are still existent.
“Shahjahan, magnificent in his kingship, was equally magnificent in his sorrows. This
exquisite memorial of an emperor’s love was built by the sorrowing Shahjahan for his
departed spouse. He manifestly designed it to go down in history to a worshipful posterity;
three hundred years after, it is still acclaimed as one of the supreme achievements of the
architect.
The measurement mentioned could of course always be taken from the erstwhile Hindu
Temple palace, which stands before us today as the Taj Mahal, and stuffed into any postmortem of the construction.
The account of how the edifice was erected is apparently the result of an hind-sight postmortem carried out by some contemporary architects, as far as they can visualize it .As for
the 500 carpenters and 300 blacksmiths and such others employed, we have no special
objection because that many would be easily absorbed in erecting even a scaffolding around
the massive Hindu Temple palace, which the Taj Mahal is, to convert it into a Muslim tomb.
The following conclusions emerge from what Emperor Shahjahan’s own court chronicler
has recorded in the official history of the reign, Badshahnama :
1.The Taj Mahal is a Hindu palace.
2.It has around it a majestic and spacious garden.
3.The huge building complex was obtained in exchange (if at all ) for almost a song, i.e. at
best transferring to the owner an open plot of land. This too seems fishy because the
location and the size of the plot of land are not mentioned. Most probably it was just a
blatant expropriation effected by turning Jaisingh out of his wealthy ancestral palace. The
detail that Jaisingh was compensated by gifting him on open plot of land is obviously a
royal Islamic bluff to cover up the fact that Raja Jaisingh was blatantly robbed of his
wealthy temple-palace.
4.The Hindu palace had a dome.
5.Mumtaz was buried, so they say, under that dome soon after her exhumed body was
brought from Burhanpur to Agra, if at all.
6.The estimated expenditure (to transform the Hindu Palace into a Muslim tomb ) was
Rs.40 lakhs .(the actual expenditure is unknown ).
7.Of the above sum , Rs.5 lakhs was spent on the grave and cenotaph and the balance of
Rs 35 lakhs on the scaffolding and the Koranic engravings.
8.Designer or architects are out of the picture, since the Taj Mahal was never raised by
Shahjahan.
9.The Hindu palace was known as Mansingh’s palace during Emperor Shahjahan’s time
though it was in the occupation of his grandson Jaisingh.
The above account being fairly plausible fits with the truth that the Taj Mahal is an
ancient Hindu palace commandeered for conversion into a Muslim tomb.
In spite of this fundamental vagueness we would have accepted the duration of the period
during which the Taj Mahal was a building if there had been any consensus about it among
historians. Unfortunately, there is none .See how many versions are there:
1.The Maharashtreeya
Jnyankosh quoted
(Pp. 35-36 ,Maharashtreeya Jnyankosh
,ibid,Vol. 15) says that the “construction commenced in 1631 A.D. and ended in January
1643 A.D.”That gives a period of a little less than 12 years .
2.The encyclopaedia Britannica (P. 758, Encyclopaedia Britannica ,1964 Ed.,Vol. 21) says
“the building was commenced in 1632.More than 20,000 workmen were employed daily to
complete the mausoleum building itself by 1643,although the whole Taj complex took 22
years to complete .Unlike the first encyclopaedia ,the latter gives us two separate periods
:one of 10 to 11 years and the other of 22 years. About this latter period of 22 years we
would also like to know why the mausoleum needed a building complex containing stables
and guard and guest rooms was Mumtaz still supposed to go riding, casting away the
burqa and escorted by large cavalry contingents? Was she also expected to receive guests?
3.Tavernier’s account runs completely counter to all Muslim versions, which form the basis
of the encyclopedic accounts quoted above. The Encyclopaedia Britannica account is
actually as amalgam of the Tavernier and Muslim accounts in as much as it borrows the
figure of 20,000.workmen and 22 years from Tavernier while deftly weaving in it the 11or
12 year period fancied in Muslim accounts.
Tavernier (PP.109-111, Travels in India, ibid.) says he witnessed the commencement and
accomplishment of this great work on which they expended 22 years during which 20,000
men worked incessantly .The cost of it has been enormous. The scaffolding alone cost more
than the entire work…”
Even presuming that Tavernier arrived in Agra in 1641, and the work began soon after his
arrival there, it should have lasted from 1641 to 1663.But Shahjahan was deposed and
imprisoned by his son Aurangzeb in 1658 .How then could the work of the Mumtaz
mausoleum proceed until 1663,i.e. five years after his losing control of state affairs ? And if,
in fact, It did, what are we to make some Muslim accounts, which claim that the work had
ended in 1643? Then again, is the problem of the commencement of the construction still
remains hanging in air.
4.Mr.Mohammed Din’s article (The Illustrated weekly of India dated Dec 30,1951.) asserts
“the construction of the Taj Mahal was begun in 1632 and was not completed till
1650”.Mr.Mohammed Din seems to be sure only of the date when the building commenced
.If we take 1632 as the year of commenced then what are we to make of Tavernier’s
assertion that work started in his presence ?
5.Yet another version estimates the Taj Mahal to have been under construction for 17 years
.This is from Mr.Arora’s book (P. 10 City of Taj by R.C.Arora ,printed at the Hiberninan
Press,15 Portuguese Church Street ,Calcutta). He says “Shahjahan commenced building
the Taj in 1631,the fourth year his accession .The splendid mausoleum was completed in
1648.
It is not even certain that Mumtaz died in 1630.Even assuming that she died in 1630 she
perhaps died towards the close of that year. In such a case is it possible for the emperor to
make a decision to build a dreamland monument, have a huge amount sanctioned for it,
broadcast his scheme to distant lands, have artists prepare plans have them sent to
Shahjahan, from among which, we are told ,he selected one ,have a wooden model
constructed ,the necessary workmen collected, the bewildering variety of material ordered
and construction begun all by 1630?
6. A like version is also found in The Columbia Lippincott Gazetteer(P. 19 ,Vol II). It states:
“the beautiful Taj Mahal (built 1630-1648) probably the most noted mausoleum in the
world.. etc .etc. All the arguments repeated above apply to this Gazetteer version too,
namely, that since we are not even sure whether Mumtaz died in 1630, how could calling
for mausoleum plans, selecting one, ordering the building material etc. all be done just in
one year?
Since bricks (and timber) are generally bought and used soon after being marketed (and are
not stored for generations like diamonds, bullion and ornaments) thermoluminescence is
very helpful in determining the age of a brick-structure fairly accurately. The carbon – C14
test is applicable to anything, which had been part of a living organism such as piece of
bone or timber. A living tree continues to breathe in carbon di oxide while alive.But once it
is dead the breathing in stops and the dead piece continues to lose its carbon di oxide
(including C14) content at a known rate.
The report published in the Itihas Patrika (a quarterly journal,Vol 4 No. 4 dated 31
December 1984,THANA)is produced hereunder….
Sample 1
“Wood piece from door at North (east) end of Taj Mahal at beach level fronting on Jumna
River.
“Age 1359+ - 89 A.D. Thus there is a 67% probability that the age of the sample lies
between 1448 and 1270 A.D.
Submitted by Evan T.Williams
Professor of chemistry
City University of New York,
Brooklyn College,
Brooklyn,N.Y.,11210
The Taj Mahal originated as a temple -The inscription in Sanskrit has 34 stanzas of
which stanzas 25,26 and 34 being relevant to our topic are reproduced as translation.
Translated, these means :”He (King Parmardi Dev or on his behalf his minister Salakshan )
raised a palace which had inside it the idol of Lord Vishnu whose feet the king used to
touch with his (bowed ) head.
“Similarly the King also had constructed this temple,(dedicated) to the God who bears the
crescent on His (fore)head, made of crystal white stone. Consecrated in that (magnificent)
temple the lord (was so pleased that He) never thought of repairing to His (Himalayan )
abode on mount Kailas. The inscription found at Mauja Bateshwar,near Agra is at present
in the Lucknow Museum.It is of the King Paramardi Dev dated Vikram Samvat
1212,Ashwin(month),5th day of the bright lunar fortnight. It has in all 34 stanzas which
describe the origin of the Chandratreya (regal) dynasty and its important rulers. The
inscription was found embedded in a mound at Bateshwar .It was later deposited in the
Lucknow Museum by General Cunnigham, where it still is.The two beautiful marble
temples which King Paramardi Dev had raised, one for Lord Vishnu and the other for Lord
Shiva
were
subsequently
desecrated
during
Muslim
invasions
.Some
clever(farsighted)person has this inscription ,concerning these temples,buried in a mound.
It remained buried for many years until1900 A.D. when during excavations it was
discovered by General Cunnigham. The Shiva (Chandramauleeshwar) temple is obviuosly
the Taj Mahal for the following reasons:
1.It is of crystal white marble as mentioned in the inscription .
2.Its pinnacle and entrance arches bear the trident (trishul) which is an exclusive emblem
of Chandramauleeshwar.
3.The edifice is said to have been of such captivating beauty that the Lord (Shiva)
Chandramauleeshwar never again thought of returning to his Himalayan abode of Kailas.
4.The Taj Mahal garden included plants and tress all sacred to Hindus. Among them is the
Bel and Harshringar ,the leaves and flowers of which are considered a necessity for the
worship of lord Shiva.
5.The central Chamber of the Taj Mahal which is now believed to contain the cenotaphs of
emperor Shahjahan and his wife Arjumand Banu Begum has around it ten quadrangular
chambers providing a perambulatory passage for devotees as is the Hindu custom.
6.As the devotee passes through each of those rooms, ventilators provide him a view of the
centre of the octagonal central chamber where the emblem of Lord Chandramauleeshwar
was consecrated.
7. The high dome of the Taj Mahal central chamber with its reverberative effect provided the
proper gimmick to produce the ecstatic din that accompanies the worship of Lord Shiva
when he is supposed to perform the cosmic(Tandava Nritya) dance amidst the blowing of
conches, beating of drums and tolling of bells.
8.The high dome is also a common feature of Shiva temples to enable the hanging of a
pitcher for water to drip over the emblem of Lord Shiva. The chain which held the pitcher
still remains suspended from the centre of the dome.
9.Silver doors and gold railings mentioned as fixtures of the Taj Mahal are a common
feature of Hindu temples surviving even to our own day .Had the gold railing, fancied to
have been provided for Mumtaz’s tomb, been subsequently removed one should have seen
holes in the mosaic flooring for the props which supported the railing. There are no such
holes. That means that it was Shahjahan who removed the gold railing of the ancient Hindu
Shiva temple and carried it away to the treasury, before using the location of the Hindu idol
to graft an Islamic cenotaph. Visitors may also notice there an ancient Hindu colour sketch
of eight directional pointers,16 cobras,32 tridents and 64 lotus buds all Hindu motifs in
multiples of eight That design is sketched in the concave domed ceiling of the octagonal
central chamber, which anyone standing close to Mumtaz’s cenotaph may look up and see.
10.Guides at the Taj Mahal still mention a tradition of a drop of rainwater dropping from
the high dome top on the cenotaph within. This obviously is a remnant of the past
memories of the water dripping on the emblem of Lord Shiva from the pitcher.
11.Tavernier mentions the six courts in the Taj Mahal building complex where a bazar used
to be held.It is common knowledge that in Hindu tradition bazars and fairs are invariably
held around temples which constitute the focal points of Hindu life.
12.The trident(trishul) which is Lord Shiva’s exclusive weapon is also inlaid at the apex of
the Taj Mahal’s marble entrance arches on all four sides It is in red and white lines exactly
as some Hindus wear in colour on their foreheads. Its being installed there at the apex of
the entrance arches clearly proves that it is an unmistakable Shiva temple.
13.A full length design of the entire trident pinnacle as it towers above the dome, has been
inlaid in the red stone yard to the right of the Taj Mahal as we stand facing the marble
edifice. This again proves its Hindu origin since it has been a tradition in Hindu
architecture to inscribe the basic scale used in the construction of every building
,somewhere in the premises. In the case of Taj Mahal the length of its trident pinnacle may
be the basic scale used in raising the Shiva temple.
14.The ‘Taj Mahal itself is far from Persian .It is a corrupt from of the Sanskrit term “Tejo
Maha Alaya meaning Resplendent Shrine “It was known as resplendent shrine because it
reflects a dazzling sheen in sunlight and moonlight. That name also attaches to it because
Lord Shiva’s third eye is said to emit a jet of lustre i.e. teja.The tarditional conjecture that
the term Taj Mahal derives from the name of Mumtaz Mahal porves baseless on closer
scrutiny.
15. Apparently Akbar did not dispossess the Jaipur royal family of the Taj Mahal because
the Jaipur family was his strongest Hindu ally and its scion ,Bhagwandas and Mansingh
were his most trusted generals. They were also in laws of the Mogul rulers.That after
Humayun’s defeat the Taj Mahal passed into the hands of the Jaipur royal family is
apparent from Emperor Sahhajahan’s chronicle which admits having commandeered The
Taj Mahal from Jai Singh ,the then head of the Jaipur royal family.
16.Besides the trident pinnacle, there are other Hindu symbols in the Taj namely the
conch, the lotus and the sacred Hindu chant “OM” in Devanagiri character.
Visitors to the Taj may notice the letter “om” woven in bold relief in embossed flower –
designs on the interior marble walls. As one stands poised at the top of the stairs leading to
the basement (to se what they call the ‘real graves’ ) one may see on the walls around the
upper marble cenotaph chamber ,at chest level, the esoteric sacred Hindu letter ‘om’ woven
into embossed marble flower pattern. Pink lotus patterns on the border of the grilled panels
that enclose the cenotaph may also be noticed.
A peacock Throne could never have been ordered by fanatic mediaeval Muslim rulers
surrounded by even more fanatic maulvis. Throughout their millennium long rule in India
their one penchant was to break images not to make them.
The peacock Throne could only be a piece of Hindu Palace furniture because traditionally a
Hindu throne must have the effigy of some bird or animal known for its splendor or valour.
In Hindu terminology the very term for a throne is a “Lion Seat (Simhasan).”
Hardly had the project begun, than we are told that by 1635 Shahjahan had amassed such
a plethora of gems and bullion, within seven years of his accession that he did not know
what to do with them. He therefore had a fabulous Peacock Throne ordered.
According to Shahjahan’s court chronicler (PP. 45-46,ibid.),it appears that the peacock
Throne was “three yards long, two and a half yards broad, yards high and set with jewels
worth 86 lakh rupees. The canopy had 12 emerald columns. On top of each pillar were two
peacocks thick –set with rubies ,diamonds, emeralds and pearls. The throne cost ten
million rupees”.
“The marble screen enclosing an octagonal area in the centre of the cenotaph chamber was,
according to the Badshahnama placed here in 1642 by Shahjahan …According, however ,to
competent authority the screen was placed here by Aurangzeb after he laid his father’s
remains there.
“The basement rooms are centrally situated as a line of 14 rooms along the face of the
Great Basement, under its terrace; and each of them is connected by a doorway with as
inner lobby running east and west along their entire length. From each end of the lobby a
staircase ascends to the terrace of the Great Basement ,where its entrance closed by red
sandstone slabs, lay unsuspected until discovered a few years ago, the clue being given by
a small window overlooking the river in each of the two easternmost rooms. The rooms,
once frescoed and otherwise decorated being now in darkness and infested by bats ,
cannot be explored without a torch or lamp. Whether they originally opened on to a ghat
and gave admittance to the Taj from the river; or being provided with windows, were used
as cool resorts during the heat of the day, cannot now be decided”.
In the Agra Fort gallery, facing the Taj, is a tiny glass piece embedded in the wall to mirror
the Taj Mahal. Originators of the Taj legend have conveniently annexed the device to add to
the mesmeric effect of the myth. Embedding tiny, round glass reflectors by their thousands
in arched recesses of palaces and in women’s dresses is a very common and widespread
Rajput practice. Such glass reflectors can still be seen fixed in numerous ancient palaces in
Rajasthan, and continue to be used for decoration in Rajput women’s dresses. Saracenic
architecture, if there be any such,should rather believe in “purdah “ i.e. shrouding or
hiding and would never think of glass reflectors.Mirror –pieces decorated the royal
apartments in Agra fort because it was a Hindu fort.Moreoever Shahjahan was never
permitted access during interment to that part of the fort which overlooks the Taj. It is,
therefore absurd to argue that during detention he consoled himself by catching glimpses of
the Taj in the tiny glass piece. A further absurdity and inconsistency is ; would an old
monarch, bent with age, stand up all the time to strain his bedimmed vision, and peer into
a tiny glass piece with his back to the Taj to catch a fleeting, reflected glimpse of the Taj
when he could as well have a clear ,full, straight and direct view of it seated comfortably
facing the monument? And would not such a stance give him a pain in the neck? This is
yet another instance of how students of history ,archaeologists and lay visitors have never
bothered or cared to take stock of the loose bits of the Taj legend, and tried to rearrange
them to find out whether they add up to at least a coherent and cogent account, even if
fictitious.
In addition to its sculptural splendor, the Taj is also believed to have had gem studded
marble screens, gold railing and silver doors. Readers can well add up to the cost of all
these. It will amount to a fabulous, astronomical sum. Perhaps even all the Mogul emperors
together could not have invested that much on a single monument.
Had the Taj been an original tomb, Shahjahan would never have allowed Indian flora to
form the dominant feature of the tapestry design inside the mausoleum of his wife. It is
idle to argue that because the workmen employed on the Taj happened to be Hindus their
motifs got incorporated in the Taj design. It must be remembered that it is the person who
pays the piper that calls the tune. Moreover when it is a question of the peace of departed
soul, symbols and motifs of a detested religion would never have been allowed to be
incorporated in the ornamental patterns of the Taj. In fact the whole idea of having such a
luxurious tomb built and having decorative patterns made inside it is frowned upon in
Islamic religion and tradition. But Shahjahan had no alternative but to put up with them
since he had taken over a ready made “heathen” monument.
We have
cited five direct proofs to establish that the Taj is an ancient Hindu
palace.These are:
1.Shahjahan’s own court chronicler Mulla Abdul Hamid’s admission.
2.Mr.Nurul Hasan Siddiqui’s book, The City of Taj, reiterates the same position.
3.Tavernier’s testimony too establishes that a lofty palace had been obtained, and that it
was a world tourist attraction even before Mumtaz’s burial.
4.Emperor Shahjahan’s great great grandfather Babur’s Memoirs refer to the Taj Mahal 104
years before Mumtaz’s death whose tomb the Taj is supposed to be.
5.The Encyclopaedia Britannica has been quoted to show that the Taj Mahal building
complex comprises guest rooms, guard rooms and stables. These are all adjuncts of a
temple palace but never of a tomb.
In addition to the above we have ,in the foregoing pages,advanced many other proofs as
follows:
6.The very name Taj Mahal means a crown palace or a resplendent shrine (Tejo Maha
Alaya) and not a tomb .
7.Shahjahan’s reign was as full of turmoil and warfare as that of most other Muslim rulers
of India. He could not therefore, have any wealth, peace, security or inclination to launch
on such an ambitious project as the Taj Mahal.
8.Shahjahan’s lechery and profligacy ruled out any special attachment to Mumtaz, whose
mausoleum the Taj has been misrepresented to be.
9.Shahjahan was cruel, hard hearted and stingy ;as such he could never have the artist’s
soft heart and a liberal patron’s generosity to lavish wealth on a building to house a
corpse.
10. Mulla Abdul Hamid Lahori, the court chronicler, mentions no architect and estimates
the cost of the work done to be only Rs 40,00,000 which clearly shows that no new
building was erected.
11.Shahjahan, whose reign was supposed to be a golden period of history, has not left even
a scrap of authentic paper about the construction of Taj Mahal. There are no authentic
orders commissioning the Taj ,no correspondence for the purchase or acquisition of the socalled site ,no design drawings no bills or receipts and no expense account sheets Some of
those usually produced or referred to have already been proved to be forgeries.
12.Had Shahjahan really been the conceiver of the Taj Mahal, he need not have specially
instructed Mulla Abdul Hamid Lahori not to forget mentioning or describing its
‘construction’ in the official chronicles, because the grandeur and majesty of the Taj as the
finest achievement of a ruling monarch could never be lost sight of by a paid court
chronicler.
13.That Shahajahan could not even in his wildest dreams conceive undertaking such a
gorgeous project is apparent from the fact that even the Muslim accounts tell us that he
made the workers toil on meagre rations without giving them any cash payment. Tavernier
tells us that Shahjahan could not marshal even timber enough for as much as scaffolding.
Some accounts have also pointed out that Shahjahan made Rajas and Maharajas pay a
large part of the “cost”. So even the additions and alterations required in converting a
Hindu palace to the semblance of a Muslim tomb were made by compelling labourers to toil
for a mere meagre food allocation and by imposing levies on subservient chieftains.
14. If a stupendous monument like the Taj Mahal were specially built for the burial of a
consort there would be a ceremonial burial date and it would not go unrecorded. But not
only is the burial date not mentioned but even the approximate period during which
Arjumand Banu Begum may have been buried in the Taj Mahal varies from six months to
nine years of her death.
15. Mumtaz was married to Shahjahan when the latter was 21 years old. Royal children in
his times used to be married much before their teens. This shows that Arjumand Banu was
Shahjahan’s umpteenth wife. There was thus no reason why she should have been buried
in a special monument.
16. Having been a commoner by birth Arjumand Banu was not entitled to a special
monument
17.History makes no special mention of any out of the way attachment or romance between
the two, unlike that of Jahangir and Nurjahan. This shows that the story of their love is a
concoction seeking to justify the myth about the building of the taj over her body.
18. Shahjahan was no patron of art. Had he been one, he would not have had the heart to
chop off the hands of those who are said to have toiled to ‘build’ the monument for his
wife. An art lover especially one disconsolate on his wife’s death,would not indulge in an
orgy of maiming skilful craftsman. But the maiming story is apparently true because made
to toil mercilessly on meagre rations on a palace usurped from its erstwhile Hindu master,
the infuriated workmen broke out in revolt.
19.There is no record in history that Shahjahan had any special infatuation for Mumtaz. In
fact history records that he used to run after various other women from his own daughter
to his maids.
20.The existence of the landing ghat at the rear suggests a temple palace, not a tomb.
21.Even the central marble structure consists of a 23-room marble palace suit which is
superfluous for a tomb.
22.The plan tallies with ancient Hindu architectural design and specifications.
23.The entire Taj building consists of over 1000 rooms along its corridor, in two basements,
on the upper floors and in its numerous towers, which clearly bears out the contention that
it was meant to be a temple palace.
24. The many annexes, guard and guest rooms etc. prove that it is a temple palace. The
pleasure pavilions in the Taj premises could never form part of a tomb but only of a palace.
25.The Taj complex houses a pair of Nakkar Khanas, i.e. drum houses. Drum houses
are not only superfluous in a tomb but it is a positive misfit because a departed soul needs
peace and rest. On the other hand a drum house is a necessary concomitant of a templepalace because drum beats are used to herald royal arrivals and departures summoning
of the townsfolk for royal announcements and proclamations and announce divine worship
time.
26.The Taj building complex also contains cowpen which used to be part of all Hindu royal
and temple premises.
27.The Sanskrit words “Kalas” and “pranchi” (fenced off open spaces around the dome and
other structures) would never have been in the Taj premises had it originated as a Muslim
tomb.
28.The decorative patterns and motifs throughout the Taj Mahal are not only entirely of
Indian flora but also of sacred Hindu emblems like the lotus, which infidel characteristics,
according to Islamic beliefs would never allow any peace to the soul of the Muslim lady, if
any, lying buried beneath.
29. The galleries, arches, supporting brackets and cupolas are entirely in the Hindu style
such as can be seen all over Rajasthan.
30. Like every other suspicious aspect of Taj, its period of construction is variously stated
to be 10,12,13,17 or 22 years, which again proves that the traditional story is a concotion.
31.Even Tavernier’s testimony that he saw the commencement and the end of this work,
while weakening the traditional case, strengthens ours.
32. The reports that Shahjahan levied large amounts on rajas and Maharajas and that the
so called (tampering) work dragged on over 10,12,13,17,or even 22 years are all very true
details. Since Shahjahan was too shrewd and hard headed to spend anything out of his
own treasury and would lose no opportunity of taxing and persecuting the local people, he
made political capital even out of the death of his own wife.
33.The designers are variously mentioned by Western scholars to be Europeans, and are
claimed by Muslims to be Muslims, while the Imperial Library Manuscript contains Hindu
names.
34.The Taj Mahal had a grand garden. A graveyard never boasts of luscious fruits and
fragrant flower trees, since the idea of enjoying fruit and flowers of a graveyard orchard
is revolting.
35.The trees, moreover were those bearing Sanskrit names and select sacred plants at that
,like Ketaki, Jai, Jui, Champa, Maulashree, Harshringar and Bel.
36.The designer of Taj is unknown.
37.Far from causing him any expenditure, the Taj proved to be a veritable gold mine for
Shahjahan. While Arjumand Banu was buried in a stripped, cold,stone temple palace, the
building was robbed of all its costly trappings which were removed to Sahjahan’s treasury.
38. The Taj palace is located in the twin township of Jaisinghpura and Khawaspura which
are Rajput words, not Muslim.”Pura” in Sanskrit signifies a busy locality and not an open
plot of land as is sometimes claimed.
39.The Taj Mahal entrance faces south. Had it been a Muslim building it should have faced
west.
40.Its decorative and marble work tallies exactly with that in the Amer(Jaipur) palace built
circa 967.
41.The Taj temple palace has various other annexes outside its outer peripheral redstone
wall, meant for courtiers and palace staff.
42. Akbar on his early visits to Agra used to stay in Khawaspura and Jaisinghpura, which
clearly shows that he stayed in the Taj .
43.Bernier,another foreign visitor to Shahjahan’s court, tells us that the nether chambers
had a rare magnificence and no non-muslim was allowed entry to them.That shows the
hush-hush secrecy maintained about them.
44.Even the term Taj Mahal doesn’t figure in any Mogul court records.
45.An English visitor, Peter Mundy who was in India only for about a year after Mumtaz’s
death mentions the Taj Mahal as one of the most spectacular buildings. Thus Shahjahan’s
sacrilege of the Hindu Taj temple-palace by misusing it as an Islamic graveyard ought to be
rectified by removing Arjumand Banu’s remains,if they really are in the Taj Mahal, to her
original grave, still existing in Burhanpur. The garden pavilion of an Hindu mansion in
Burhanpur(about 600 miles south west of Agra) where Mumtaz was buried in1631 A.D.
after her death in her 14th delivery during 18 years of married life. Shahjahan Mumtaz had
encamped in the adjoining Hindu palace during a north south journey when Mumtaz
died.The ground plan of the orthodox Vedic octagonal Tejomahalaya shrine in Agra where
Mumtaz’s exumed body is supposed to have been interred again. Why this sacrilege? An
aerial view. The white marble Tejomahalaya framed by four towers at its plinth-corners on
the south bank of the sacred Yamuna river. Two identical red stone buildings(each with
three marble domes) facing the marble edifice from the east and west were meant to be
reception pavilions for royal or religious congregations. The central marble building and the
flanking red stone buildings are all seven storied with octagonal features,which is a Vedic
specialty.Seven storied octagonal buildings are mentioned even in Ramayanic description of
Ayodhya. A meticulous count will reveal 33 arches in the marble plinth seen in front in
between the two towers on the left and the right. Since the marble platform is a square the
breadth too has 33 arches consequently the marble plinth itself encloses 33x 33=1089
rooms That is the ground floor. Above it on either side of the lofty entrance arch may be
seen vaulted arches on two levels one above the other, which constitutes two more stories
in marble. The outer western gateway leading to the spacious parking area for visitors’
vehicles lined by arcaded red stone verandahs with rooms for shopkeepers selling their
wares. The entire parking area is lined by such shopping arcades which Tavernier describes
as bazar of six courts.The western gateway has assumed importance in modern times
because the main bus depot and railway stations of the populous, bustling Agra city lies in
that direction. In olden days it was the elevated gateway at the left which used,to be the
main entrance of the Tejganj alias Tajganj township.The Tejomahalaya shopping arcade has
had at its outer eastern and western corners, flanking the Shree gate, two other subsidiary
sentinel-temples. This octagonal pavilion with a white dome in the south west corner
bearing the inverted lotus cap and straight Vedic pinnacle pitcher shaft is one of them. But
alas, since Shahjahan’s time the sacred sanctum has an Islamic cenotaph attributed to an
harem-maid Satunnisa Khanam. But since no name is inscribed on it that seems to be an
inspired canard explaining away the desecration of the Hindu shrine.
The interior of the multi-storied vaulted entrance gate leading first to the rectangular
garden and then to the wonder marble edifice at the far end. The temple palace
management staff used to work on both floors on various assigned duties. The carved
decorative red stone bunting around the interior and exterior of this gateway, about kneehigh from the floor, if minutely observed turns out to be an ingenious running chain of
three-in-one Ganesh images, two in profile on the flanks and one with a frontal facing in
the middle. The marble Taj Mahal has identical vaulted lofty archways in all the four
directions. Their temple décor was chiseled away and Koranic extracts were improvised to
fill the cavities. Close look at the marble stone frames around the vertical and horizontal
Koranic passages to notice the patches of dissimilar shapes and tints of marble used.
Cobras lined up above a string of inlaid temple bells pattern form the upper border of the
Taj Mahal. Both cobras and bells have sacred associations in Vedic spiritual lore.
The gateway at which entry tickets are issued, is decorated both inside and out,
at the knee level with a bunting depicting such ingeneous three-in-one Ganesh caricatures;
two in profile on the flanks enclosing a frontal one in the middle. The arches in the marble
plinth and the rectangular ventilator above each one of them,(allowing light and air to the
1089 chambers inside the plinth)may be minutely observed to have been sealed with
marble slabs.
The seven arches at the bottom enclose the stairs, which lead to the top of the marble
plinth symmetrically from the right and left.The Nandi(Lord Shiva ‘s Bull ) occupied the
spot where the person clad in white robes is seen standing facing the entrance, before it
was uprooted at Shahjahan’s orders. That spot was patched up later with inferior reddish
slabs. There is trident shaped designs in inlay filigree at the two upper corners of the
entrance and the trident shaped red lotus bud at the apex of the arch.
The Koranic stones fixed vertically and horizontally along such lofty arches on all four sides
were improvised to fill up gaping cavities left after digging out idols of Vedic deities and
Sanskrit extracts. We arrive at the above conclusion because (1) a close inspection of the
marble frames enclosing the Koranic extracts reveal patches of marble of different shapes
and tints (2) The Koranic extracts are random, haphazard out of sequence and incomplete
(3) On hot days with the visitor’s feet burning on the marble plinth a fierce sun beating
down on the head and the eyes burning with intense sunlight radiated by the white marble
sheen even a devout Muslim knowing Arabic won’t have the heart or even the steady head
or patience to crane and strain his eyes and neck alternately vertically and horizontally to
make any head or tail of that message of Allah. A close-up of the upper part of a minaret.
The galleries rest on snake-shape brackets, which is a distinct Hindu architectural trait.
Mumtaz’s tomb in the crypt (basement). The pavement patched up with marble slabs of
varying sizes and tints indicating that the Shivling here has either been replaced by the
cenotaph or is covered up by it.
After one enters the lofty arch from the marble platform one steps onto spacious halls
which form a perambulatory passage all around the central octagonal sanctum. That
sanctum too has entrances on all four sides. But only the south entrance has been kept
open since Shahjahan’s time.
All these outer and inner entrances had silver doors which are common to all renowned
Hindu(Vedic) shrines. Those were uprooted and ranged on the outer marble plinth before
being spirited away to Shahjahan’s Mogul treasury. European visitors to the shrine around
1631 A.D. noticing the uprooted costly fixtures such as silver doors ranged on the marble
platform misunderstood them to have been ordered by Shahjahan to be used in the
building.Contrarily the thousands of labourers rounded up from the by lanes of Agra city
under threats of dire consequences were forced to toil gratis to uproot all the costly fixtures
such as the gem studded gold railings(around the Shivaling),silver doors, precious stones
stuffed in the marble lattices and the golden pitcher dripping water on the Shivlinga, and
transport them to the mogul treasury. Notice the framed decorative panels to the left and
right of the doorway. They depict embossed OM shaped Dhatura flowers and conchshelltype foliage. The panel at the left has the sacred conchshell design. The right side panel
depicts a plant with flowers shaped like the sacred Vedic chant (OM).
Mumtaz’s cenotaph in the foreground and subsequent Shahjahan’s cenotaph besides it in
the upper marble octagonal chamber. Notice that both the cenotaphs are highly decorated
with inlay work.
Neither Shahjahan nor Mumtaz could have been buried here because this chamber is on
the 4th floor above the river surface. Corpses are invariably buried in mother-earth and
never on stone floors. Consequently this so-called Mumtaz’s cenotaph in this central
octagonal chamber either covers the sacred Hindu ( Vedic ) Shivling itself or the sacred
spot from which the Shivling was uprooted.Shahjahan and Mumtaz must be fake. Why
should there be even one pair of fake cenotaph? And since one pair of cenotaphs is fake
the crucial question is which is the fake one. The one in the lower chamber or upper
chamber? Or does each floor contain one fake and the genuine cenotaph alternating
between Shahjahan and Mumtaz?
Science have been so somnolent for the last 350 and odd years as to allow the
preposterous Shahjahan and Mumtaz legend, stained with carnal love to pass muster in
spite of being riddled with a myriad loopholes disclosed .Around the hook (from which
hangs the chain) is a sketch in concentric circles. In the smallest innermost circle are
arrows symbolizing the eight surface directions. Around it is another circle of 16 serpents
looking down on the Shivling underneath. Around it is a wider circle of 32 tridents.
Surrounding it is a bigger circle depicting 64 lotus buds. Even this mathematical
progression of multiples of 8 i.e. 8x2=16x2=32x2=64 is of esoteric Vedic significance and
has no relation with Islam.The preponderating significance of 8 in Vedic tradition may be
judged from terms such as Ashtapailu, Ashtavadhani, Ashtaputra, Ashtadhatu, Ashtang
Ayurved, Mangalashtak and Sastang namaskar.
The octagonal lattice around the cenotaph of Mumtaz (which has replaced or
covered the sacred Shivling) has in its upper border a total of 108 pitchers, some rotund
and striped and some oblong like vases. The rotund striped pitcher is seen bathing the
Shivaling underneath with a stream of milk. The decorative flora on the vase and other
parts of the Taj Mahal alias Tejomahalaya is all native to India. Such decoration in the
orange, Vedic colour behooves a Hindu temple or palace but never a somber Islamic
sepulchre.
A close-up of the gilded pinnacle rising from the inverted lotus cap of the marble
dome .The pinnacle is known as Kalash in Vedic parlance because of the stack of pitchers
which constitute it. The curvy shaft seen in the upper portion represents the crescent on
Lord Shiva’s forehead. Above it is an oblong pitcher, two mango leaves curving on either
side with a coconut balanced on top. Such a coconut –topped pitcher represents divinity in
Vedic tradition.
The three domes of the so called mosque are a misfit in Islam. Since Islam has only
one Allah and one prophet for whom is the third dome? Moreover the qibla (i.e. the prayer
niche) is not aligned to the Kaba in Mecca as it should be in a genuine mosque. Also when
there are three qiblas instead of one they couldn’t all be aligned to the Kaba at the same
time. And since the twin buildings on the eastern flank is a non-mosque it automatically
follows that its counterpart to the west is also a non-mosque. Only buildings with the same
function and purpose can have an identical design.
There is staircase and another symmetrical one at the other end lead down to
the storey beneath the marble platform Tow such staircases (one each at the eastern and
western ends) behind the marble plinth take one to the nether chambers. Visitors may go to
the back of the marble plinth at the eastern or western end and descend down the
staircase because it is open to sky. But at the foot the archaeology department has set up
an iron grill door which it keeps locked. Yet one may peep inside from the iron grill in the
upper part of the door. Shahjahan had sealed even these two staircases. It was the British
who opened them. But from Shahjahan’s time the stories below and above the marble
ground floor have been barred to visitors. We are still following Mogul dictates and Muslim
secrecy though long free from Mogul Islamic rule.
One of the 22 locked rooms in the secret storey beneath the marble platform of the Taj
Mahal, which the archaeological Survey of India keeps conspiratorially locked to hoodwink
the public. Therefore the public must pressurized the government to open all locked and
sealed chambers in all monuments including the Taj.
Strips of ancient Hindu paint are seen on the wall flanking the doorway. The niches above
had paintings of Hindu gods, obviously rubbed off by Muslim desecrators.
One of the 22 riverside rooms in a secret storey of the Taj Mahal unknown to the public.
Shahjahan far from building the shining marble Taj wantonly disfigured it. Here he has
crudely walled up a doorway. Such imperial Mogul vandalism lies hidden from the public.
This room is in the red stone storey immediately below the marble platform. Indian history
has been turned topsy turvy in lauding destroyers as great builders. Therefore Shahjahan
should be referred to not as the creator of Taj but as a plunderer of its costly fixtures and
disfigurer of the sublime, serene beauty of the holy Tejomahalaya.
Many such doorways of chambers in secret stories underneath the Taj Mahal have been
sealed with brick and lime. Concealed inside could be valuable evidence such as Sanskrit
inscriptions, Hindu idols, the original Hindu model of Taj, the desecrated Shiva Linga,
Hindu scriptures and temple equipment .The Government is deliberately refraining from
opening hundreds of such sealed chambers. Inside the Taj Mahal for fear of enraging
Muslims and exposing the incompetence of historians worldwide.
There was the traditional treasury well of the Hindu temple palace. Treasure chests
used to be stacked in the lower stories. Accountants, cashiers and treasurers sat in the
upper stories. On being besieged if the building had to be surrendered to the enemy the
treasure chests used to be pushed into the water for salvage later after recapture. For real
research, water should be pumped out of this well to reveal the evidence that lies at the
bottom. This well is inside a tower near the so called mosque to the west of the marble Taj.
Had the Taj been a mausoleum this octagonal multi storied well would have been
superfluous.
The Hindus, who had ruled India for at least 4000 years from the Pandavas to
Prithviraj, did not have even a single monument to their credit? If they did not
build any monuments where did they, their countries and the common people
live? If during that period, as is nostalgically described rivers of milk and honey
flowed in India, and every chimney emitted smoke of gold, where all that wealth
stored? And if Rome is built by the Romans, London by Londoners and Tokyo by
the Japanese, how come that in India alone Delhi, Agra, Fatehpur Sikri,
Allahabad, Ahmedabad and a host of other cities teeming with mediaeval
monuments, built by a wide assortment of foreigners like Afghans, Turks,
Iranians, Mongols, Abyssinians, Kazaks and Uzbeks and in fact by every other
community except Indian themselves? And were these Indians, thus insinuated to
be nincompoops the novices in the building art, not the same who constructed the
Madurai temples, Rameswaram, Konarak, Khajuraho, Ajanta, Ellora and a host of
other rock cut edifices, the mount Abu temples, mighty forts like Ranthambhore
and luxurious palaces, as at Ambar and Udaipur? And if at all it was the aliens
named above who founded all the important towers in India and built all its
magnificent monuments how is it that they all had a uniform penchant for the
Hindu style of Indian architecture? If they had such captivating attraction for
Indian culture how is it that the very name Hindu was anathema to them so as to
provoke them to plunder and massacre, rape and destruction? And if for centuries
these alien rulers and their alien noblemen built all their tombs and palaces in the
Hindu style do their cultural and religious descendants – the Muslims of today –
build even a single tombs, mosque or home with even one single Hindu motif on
them? And how is it that these aliens belonging to diverse nationalities, different
strata from slave to prince, and various races display the same vigour and
identical taste in building monument after monuments, city after city and tombs
and mosques all in the Hindu style? Why is it that they built only tombs and
mosques without corresponding palaces? If they built only tombs for their
predecessors and mosque where did these alien rulers and their noblemen
themselves stay? And in the context of deadly intenecine succession struggles that
used to ensure in all Muslim households from princes to paupers how was it that
successors to titles built tombs for hated predecessors for whose blood they had
thirsted, and to supplant whom they were so very eager? And when the whole
realm used to be thrown into utter confusion and revolts and warfare erupted on
the death of every Muslim sovereign where did money to build a palatial tomb for
him come from? Who controlled the treasury exclusively in those perilous times?
And was not all the money available needed to raise armies, maintain huge
harems and consolidate one’s own position? And where was the time and peace
necessary to supervise the construction of palatial tombs? Where was the
architectural know how in those days of stark illiteracy and in an atmosphere
seething with plotting and treachery? If it consistent with human psychology that
even granting normal filial love a son or son-in-law succeeding a deceased ruler
will build a palace for a dead body but none for himself and his children, wives
and concubines? Is there any Muslim individual or group even in this 20th century
when orthodoxy, fanaticism and autocracy have lost some of their edge, who
would be ready to build tombs and mosque styled like temples? In fact will the
richest of them build any expensive tomb for his predecessor at all? And how is it
that the mediaeval buildings seen in Delhi, Agra and Fatehpur Sikri, are identical
with those in Ambar, Bikaner, Jaisalmer and Jodhpur known to exist from preMuslim times? And if no such magnificent mansions existed when Muslim
invasion of India started what were the invaders fighting for and what were the
Indian Kshatriyas defending? That leads to another incongruity namely that
Indian warriors gave battle to the invading army in open country? If that is so how
do we explain names like Kot Kachwaha, Nagarkot and Umarkot, since kot
signifies a fortified township? We know for certain that in ancient times all
buildings from humble residences of the common folk to those the kings, used to
have massive battlemented walks enclosing huge courtyards and spacious
apartments.
There are two sepulchral mounds in the central chamber of the Taj which look
like Muslim tombs, and could very well be those of Mumtaz Mahal, one of thee
thousands of consorts of Shahjahan, and of Shahjahan himself. It is well known
that many such mounds are fake. Such mounds have sometimes been found on
the terraces of historic buildings where no dead person could be buried by one
chance. Another reservation is that no specific burial date of Mumtaz being on
record it is highly doubtful whether she was at all buried in the Taj. Period is
mentioned a between six months to nine years of her death. Such vagueness, even
after a special palatial mausoleum is stated to have been constructed for her body,
is highly suspicious. Manuchi, an officer in the service of the East India Company
during Aurangzeb’s time, has recorded that Akbar’s tomb is empty. Who knows
then whether Mumtaz’s supposed tomb is not empty too. In spite of such weighty
reservations we are ready to presume that the two tombs could be those of
Mumtaz and Shahjahan.
Koranic texts have been inscribed along the outside of some of the arches. Our
weighty reservations on this point is that such inscriptions exist on the exterior of
the Adhai Din Ka Zopda in Ajmer and on the so-called Kutub Minar in Delhi, but
they are known to be a camonflage.
Proofs in support of our contention that the Taj Mahal is an ancient Hindu
temple-palace.
Shahjahan’s own official court chronicle from a grave in Burhanpur (after a six
month burial there) was brought to Agra and interred inside a mansion of unique
splendour capped with a dome. Raja Mansingh’s mansion was owned by
Mansingh’s grandson Jaisingh.
Prince Aurangzeb in 1652 A. D. reports carrying out some urgent, hasty repairs to
the cracked dome and leaking seven-storeyed building complex. Entrance asserts
that ready brand new in 1652. Does the archaeology department know better than
prince Aurangzeb?
Pairs of Shahjahan-Mumtaz graves, i.e. a pair each in the marble basement and
the marble ground floor. Why two graves each? Did each of them die a double
death? And why is the marble slab of Mumtaz’s cenotaph in the basement just
plain white when its hump and the other three cenotaphs have filigree decoration.
There are no orders commissioning the Taj, no correspondence for the purchase
or acquisition of the so-called site, no design drawings, no bills or receipts, and no
expense account sheets.
By no stretch of imagination could a graveyard ever be designated as a palace
unless a palace itself has been converted into a graveyard.
Had Shahjahan really been the conceiver of the Taj, he need not have specially
instructed Mulla Abdul Hamid not to forget mentioning or describing its
construction in the official chronicle because the grandeur and majesty of the Taj
as the finest achievement of a ruling monarch could never be lost sight of by a
paid court chronicler. He should not need a special remainder for it.
Abdul Hamid chronicler’s contains serious discrepancies like the absence of the
designer’s name, and a ridiculously low estimate (40 lakh rupees) of the cost of the
Taj, which is scoffed at by subsequent scholars.
The entire Taj complex contained nearly 300 or even more rooms along its
corridors, in the basement, the upper floors and its many towers.
The so-called mosque on one flank and the nondescript, counterpart
euphemistically explained away as a useless Jawab served as the guest pavilions,
guardrooms and waiting halls of the palace.
The words Kalas and Basai (tower) are Sanskrit words.
Even Tavernier’s testimony that he saw the commencement and the end of the
building work while weakening the case of traditionalists strengthens our case
because Tavernier arrived in India only in 1641 i.e. 10 years after Mumtaz’s death.
Koranic etchings were carried out he referred to it as “the commencement and the
end of the building work” during his presence in India.
Traditional accounts tell us that the Taj had gem-studded marble screens, gold
railings and silver doors. Even Shahjahan’s own or even his wife’s palace did not
possess such fairy-tale fixtures while the two were alive.
The Taj had a grad garden. A graveyard never boasts of luscious fruit and fragrant
flower trees since the idea of enjoy the fruit and flowers of a graveyard orchard is
revolting. The trees, moreover, were those bearing Sanskrit names, and select
sacred plants at that like Ketaki, Jai, Jui, Champa, Maulashree, Harshrinagar and
Bel.
It is a pity that both our Government and our scholars show no eagerness to open
up the underground chambers of the Taj, clear the debris, provide lighting,
remove the fillings in staircases and rooms and let students of history and even
laymen have a free run of the premises.
The Tarikh-i-Taj Mahal deed has been detected to be a forgery.
The great historian Sir H. M. Elliot in his preface to eight-volume study of
mediaeval chronicles has very aptly and pointedly remarked that the history of the
Muslim period in India “is an interested and impudent fraud.”
4. 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.
5.
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.
6.
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.
7.
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.
8.
9.
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.
10.
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.
11.
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.
12.
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.
13.
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.
14.
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 antinational 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”.
15.
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.
16.
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.
17.
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….”
Under Article 214 of the constitution, the High Court is provided for a state and has been
considered to be a Court of Record. The administrative power of High Court is the
constitution of bench providing roster, transfer of cases is conferred within the prerogative
of the Hon’ble Chief Justice and the puisne judges can only do that work that are allotted
to them by the Hon’ble Chief Justice. The Hon’ble Chief Justice may not exercise the
administrative power more effectively if the seat of the High court is further bifurcated to
many places regarding such prerogative conferred under our Constitution. ( The power
Conferred with High Court- How to inferred with- Ref. AIR 1982 SC 1198; (1996) 6 SCC
587; 1996 AWC 644 & 1998 (1) SCC 1)
The legal maxims:- “Fraus et jus nunquam cohabitant” ( Fraud and justice never dwell
together) & “ Fraus et dolus nemini patrocinari debent” ( Fraud and deceit defend or excuse
no man). These maxims have been reiterated in the decisions of Apex court. It has been
observed that it is in the inherent powers of superior courts to quash such proceedings,
which have been secured by playing the fraud or misrepresentation. There is no other
remedy being available to aggrieved party. The power conferred under the extra ordinary
jurisdiction of Hon’ble High Court under Article 226/227 of the Constitution may also be
exercised to defeat the wrongful gain secured by playing the fraud from the property of
innocent person. There are very few instance when the Hon’ble Courts have exercised their
inherent jurisdiction to secure the justice for the litigants by seeing the abstract truth,
hidden behind the surface through graceful foresight looking into the substance. In this
back ground, the decision given in writ petition no. 6370 of 2001 ( Amar Singh and another
versus Collector/ District Magistrate, Kanpur Dehat and others) decided on 19.4.2001 is a
remarkable judgement on this point. The Hon’ble High Court has not only overlooked the
mistake in drafting the
incomplete factual averments in the interest of providing
substantial justice to the petitioners. The particulars required for the purposes of effective
adjudication of the controversy involved were missing to a larger extend in the Writ Petition.
However the merit of the case has been dealt with in the present case. The Hon'ble High
court has further exercised the extra ordinary powers to provide the substantial justice to
the illiterate villager Lalloo Lal, whose six plots measuring more then three Bighas of
agricultural land were arbitrarily sold in auction sale for the alleged recovery of Bank Dues
for a nominal price of Rs.40,000/- in the Illegal manner with malafide intentions for
extraneous purposes.
It has been observed by the Hon’ble Courts that “where the power is conferred to
achieve a purpose it has been repeatedly reiterated that the power must be exercised
reasonably and in good faith to effectuate the purpose. And in this context ‘ in good faith’
means ‘for legitimate reasons’. Where power is exercised for extraneous or irrelevant
considerations or reasons, it is unquestionably a colourable exercise of power or fraud on
power and the exercise of power is vitiated”.
The judicial review is the heart and soul of the constitutional scheme. The judiciary
is constituted the ultimate interpreter of the Constitution and is assigned the delicate task
of determining the extent and scope of the powers conferred on each branch of the
Government, ensuring that action of any branch does not transgress as limits.
The Hon’ble Supreme Court has also held that ‘ Pithily put, bad faith which
invalidates the exercise of power- sometimes called colourable exercise or fraud on power
and oftentimes overlaps motives, passions and satisfactions- is the attainment of ends
beyond the sanctioned purposes of power by simulation or pretension of gaining a
legitimate goal. If the use of the power is for the fulfilment of a legitimate object the
actuation or catalysation by malice is not legicidal. The action is bad where the true object
is to reach an end different from the one for which the power is entrusted, goaded by
extraneous considerations, good or bad, but irrelevant to the entrustment. When the
custodian of power is influenced in its exercise by considerations out side those for
promotion of which the power is vested the court calls it a colourable exercise and is
undeceived by illusion’.
The judiciary in India also possesses inherent power, especially under section 151
CPC, to recall its judgement or order if it is obtained by fraud on Court. In the case of
fraud on a party to the suit or proceedings, the court may direct the affected party to file a
separate suit for setting aside the Decree obtained by fraud. Inherent power are powers
which are resident in all courts, especially of superior jurisdiction. These powers spring not
from legislation but from the nature and the constitution of the Tribunals or Courts
themselves so as to enable them to maintain their dignity, secure obedience to its process
and rules, protect its officers from indignity and wrong and to punish unseemly behaviour.
This power is necessary for the orderly administration of the court’s business.
Since fraud affects the solemnity, regularity and orderliness of the proceedings of
the court and also amounts to an abuse of the process of court, the courts have been held
to have inherent power to set aside an order obtained by fraud practiced upon that court.
Similarly, where a party misleads the court or the court itself commits a mistake, which
prejudices a party, the court has the inherent power to recall its order. The court has also
the inherent power to set aside a sale brought about by fraud practiced upon the court or
to set aside the order recording compromise obtained by fraud.
“ Charges of fraud and collusion like those contained in the plaint in this
case must, no doubt, be proved by those who make them – proved by established facts or
inferences legitimately drawn from those facts taken together as a whole. Suspicions and
surmises and conjecture are not permissible substitutes for those facts or those inferences.
By no means requires that every puzzling artifice or contrivance resorted to by one accused
of fraud must necessarily be completely unraveled and cleared up and made plain before a
verdict can be properly found against him. If this were not so, many a clever and dexterous
knave would escape.”
“ Fraud avoids all judicial acts, ecclesiastical or temporal” observed Chief
Justice Edward Coke of England about three centuries ago. It is the settled proposition of
law that a judgement or decree obtained by playing fraud on the court is a nullity and non
est in the eyes of law. Such a judgement/ decree – by the first court or by the highest court
– has to be treated as a nullity by every court, whether superior, or inferior. It can be
challenged in any court even in collateral proceedings have been reiterated.
“ Since fraud affects the solemnity, regularity and orderliness of the proceedings of the
court and also amounts to an abuse of the process of court, the Courts have been held to
be inherent power to set aside an order obtained by fraud practiced upon that court.
Similarly, where the court is misled by a party or the court itself commits a mistake which
prejudices a party, the court has the inherent power to recall its order”.
Therefore, no doubt that the remedy to move for recalling the order on the basis of the
newly discovered facts amounting to fraud of high degree, cannot be foreclosed in such a
situation. No court or tribunal can be regarded as powerless to recall its own order if it is
through fraud or misrepresentation of such a dimension as would affect the very basis of
the claim.
It is well-settled proposition of law that the extra ordinary power conferred under
Article 226 relating to commercial matters may apply with reluctance, but subsequently the
law has under gone a change by the subsequent decisions. The present case is not a mere
example of violation of an ordinary right of a citizen. Where the public functionaries were
involved in such a malafide and colourable exercise of power that may abridge or abrogate
the right of livelihood of a citizen duly guaranteed under Article 21 of the Constitution, the
remedy will still be available under the public law notwithstanding that a suit could be filed
for declaring the aforesaid transaction as void. This remarkable judgement is an exemplar
of a verdict given in a socially sensitized manner containing a complex exception to show
the people beacon light in favour of poor uneducated exploited mass who need a helping
hand from the legal profession and also from the Hon’ble Courts. This is an attempt to
prevent contagious virus of corruption, which is opposed to democracy and social order.
Unless this corruption is nipped in the bud that is likely to cause turbulence by a dreaded
communicable disease, the same will crumble the socio political system under its own
weight.
Hon’ble Supreme court has taken into account two spheres of dimensions to the right of
personal liberty against the sovereign power exercising its functioning with the police power
and restrictions imposing procedural safeguard in order to provide the public safety having
invasion of individual privacy as susceptible to abuse. The custodian violence and torture
by the police adopting third degree of interrogation and other agencies have been deemed to
be violative of article 21 and article 22 of the constitution of India. It has been held that the
importance of affirmed rights to deter breaches by the violence, torture and even death in
police lock up strikes a blow of rule of law. The police who is supposed to provide the
protection of citizens is committing such crime under the shield of uniform and authority in
the four walls of a police station of lock ups in which victim is being totally helpless.
Torture of human being by another human beings is essentially an instrument to impose
the will of the "strong over the weak" by sufferings. These are a calculated assault on
human dignity and whenever human dignity is wounded, civilisation takes a step
backward. Universal declaration of human rights in 1948 in reference to article 5 stipulates
"no one shall be subjected to be tortured or to be cruel inhuman or degrading treatment or
punishment". The constitutional guarantee provided in article 20 (3) provides that of a
person excused of an offence cannot be compelled to be a witness against himself. Article
22 (2) provides that the person arrested or detained in the custody shall be produced before
the nearest magistrate within a period of 24-hour of such arrest excluding the time
necessary for journey. The accused shall be informed of the ground of such arrest and shall
not been denied that right to concern and defend himself by legal practitioner of his choice.
The personal liberties is protected under article 21 except according to the procedure
established by law. Thus personal liberty is a sacred and cherished right under the
constitution (UBI JUS IBI REMIDIUM).
The Hon’ble supreme court has held in respect of the guarantees of the fundamental rights
to education to its citizen in Miss Mohini Jain Vs state of Karnataka 1992 (3). S.C.C. Page
666, while dealing with this aspect of constitutional bench in Unikrishanan J.P and others
Vs state of Andhra Pradesh (A.I.R 1993 S. C. Page 2178) has observed "Learning is
excellence of wealth that none can destroy, to man nought ,else affords reality of joy".
Quoting an old Sanskrit adage.
"Liberation from ignorance which shrouds the mind, the liberation from the superstition
which paralysis efforts, liberation from prejudices which blind the vision of the truth.
"victories are gained, peace is preserved , progress is achieved, civilisation is build-up and
history is made, not on the battlefield where ghastly murders are committed in the name of
patriotic , not in the council chambers were insipid speeches are spun out in the name of
debate, not even in factories were are manufactured novel, institutions which are the seatbeds of culture, where children in whose hands quiver the destinies of the future, are
trained. From their ranks will come out when they grow up, statesman and soldiers, patriot
and philosopher who will determine the progress of the land. In Keshavanand Bharti Vs
state of Kerala A.I.R 1973 S. C. Page 1431 Justice Matthew held "The fundamental rights
have no fixed content, most of them are empty vessels into which each generation must
pour its content in the light of its experience. It is relevant in this context to remember that
in building of just social order, it is sometimes imperative that the fundamental rights
should be somewhat related to directive principles. The following rights are held to be
covered world under article 21.
1. Right to go abroad ( A.I.R 1967 S. C. 1836)
2. Right to privacy (A.I.R 1975 S.C.1378)
3. The right against solitary confinement. (A.I.R 1978 S.C 1675)
4. Right against bar fetters (A.I.R 1978 S.C 1514)
5. The right to legal aid (A.I.,R 1978 S.C. 1548)
6. The rights to speedy trial (A.I.R 1979 S.C 1360)
7. The right against hand cuffing (A.I.R 1980 S. C. 1535)
8. The right against delayed execution (A.I.R 1983 S. C. 361)
9. The right against custodian violence (A.I.R 1983 S C. 378)
10.
The right against public hanging (A.I.R 1986 s c. 467)
11.
Doctors assistance (A.I.R 1989 S. C 2039)
12.
Right to shelter (A.I.R 1990 S. C 630)
13.
the right to live with human dignity free from exploitation (A.I.R 1980 S. C 849)
and
14.
The right of livelihood (A.I.R 1986 S. C. 180) respectively were also considered
to be within ambit of article 21. Every endeavour has been provided till now to make
this article reverberate with life and articulate with meaning. It has been held that
authority not performing their statutory duties to enforce laws for the protection of
environment inre- J.T 1996 (2) S. C 196 and J.T 1996 (7) S. C. 775 are jeopardising
the right of life of the citizen. However the authorities have still to provide protection
by providing a fool proof. Safety to the passengers travelling inside the fast moving
train to avoid disastrous accident endangering a cynical disrespect towards the
glorious contents of life in positive language and the honourable court may interpret
life of law to serve the social purpose and felt necessity as sentinels on quinine as
guardian of human rights to the victim of fatal accidents, socio-economic crisis and
criminal actions to their dependants which is in the prevailing situation installing a
sense of fear at least by providing minimum of financial security.
Transparency of action and accountability are perhaps two possible safeguards which
the court enforcing the protection of fundamental rights must insist upon. Thus police
in India requiring to perform a difficult and delegate task in view of the deteriorating law
and order situation, communal riots, politics turns to student unrest, terrorist activities,
dealing with hard core criminals, drug peddlers, smugglers having strong root in society,
will feel difficulties in the detection of the crime committed by the hardened criminals.
Thus a balanced justice approach is needed to meet the ends of justice. The cure cannot
however, be worst them the diseased itself.
The state must therefore ensured that the various agencies deployed by it of highly
sophisticated technology is increasingly susceptible to abuse. The existence of public
emergency are in the interest of public safety relating to sovereignty, security, public
order and integrity of India and also for preventing incitement to the commission of an
offence may justify the right to hold a telephonic conversation and thus telephone
tapping would tantamount to interference and certainly be claimed against the right to
privacy unless it is permitted under the procedure established by law.
Right to freedom of speech and expression includes a right to express one’s convictions
and opinions freely by words of mouth, writing, printing, picture or in any manner
under article 19 (1) (a) of the constitution dealing with the provisions of section 5 (2) of
the telegraph act. Unless public emergency has occurred are the interest of public safety
demands, the authority have no jurisdiction to exercise the power under the said
section. The power vested under section 5 (2) shall not be issued except by home
secretary’s and there shall be a review committee consisting of cabinet secretary, law
secretary and secretary telecommunications appointed by the governor. It is not
disputed that no rules have been framed for the conduct of telegraph is under sections 7
(2) be of the act for providing precaution and preventing the improper interception or
disclosure of messages for combating terrorism act within the bounds of the law and not
to become the law themselves. In order to bring transparency and accountability, it is
desirable that the officer arresting a person should prepare a memo of his arrest at the
time of arrest in the presence of at least one witness may be the member of the family or
the respectable person of the locality. The date and time of the arrest shall be recorded
in the memo which must also be counter signed by the arrested person.
93.
94.
95.
96.
97.
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.
98.
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.
99.
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.
100.
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 biodata 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.
101.
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.
102.
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.
103.
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.
104.
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.
105.
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.
106.
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.
107.
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 ).
108.
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.
109.
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.
110.
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.
111.
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)
112.
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, gastrointestinal 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.
113.
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 .
114.
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.
115.
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.
116.
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.
117.
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.
118.
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.
119.
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 .
120.
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.
121.
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).
122.
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.
123.
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.
124.
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:F. 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.
G. 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.
H. 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.
I. The embossed patterns on the marble exterior of the cenotaph chamber wall are
foliage of the conch shell design and the Hindu letter ‘OM’.
J. 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:23.
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.
24.
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.
25.
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.
26.
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.
27.
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.
28.
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.
29.
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.
30.
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.
31.
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.
32.
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.
33.
Despite several centuries of Muslim occupation and canards of Muslim
authorship all the fort’s Hindu associations are intact. This is something
remarkable.
34.
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.
35.
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.
36.
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.
37.
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.
125.
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. Hinduism is 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.
126.
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.
127.
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 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 buildingthat 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”.
128.
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
129.
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.
130.
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.
131.
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.
132.
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.
133.
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-eAlamgiri, Muraqqa-e-Akbarabadi and yaadgaarnama and preserved in National archives
New Delhi.
134.
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).
135.
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.
136.
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.
137.
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.
138.
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. 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.
139.
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.
140.
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.
141.
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
142.
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,.
143.
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
144.
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 sof 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
145.
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 AgraDelhi 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.
146.
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.
147.
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.
148.
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
The object of education –
1. Whether enlightenment. 2. Whether wisdom 3. Whether character assassination. 4.
Whether upliftment of character. 5. Whether for national growth. 6. Whether for
diversification from other evils. 7. Whether for lead discipline life. 8. Whether for developing
the resistance against exhertion. 9. Whether for expenditure of money. 10. Whether for
having the uniform. 11. Whether for development of tolerance. 12. Whether for killing the
time. 13. Whether for reading of books. 14. Whether for develop friendly. 15. Whether for
development mental agony.
Subject of History.
1. Whether for advancement of the ancestral cultural heritage. 2. For knowing the
traditions. 3. For knowing our ancestors. 4. To knowing the past, its import and the
expectation for the future. 5. History is 3 fold presents / 3 dimensional picture. (i) having
the present with past memory. (ii) having the present with present existence in compared to
past. (iii) our present in anticipation of future development.
Archaeological Remains and Monuments
Archaeology is the study of things left in the past, whether on the ground or buried
under it. The things include buildings, statues, pictures, scriptures, ornaments, decorative
pieces of pottery, etc. The remains of stupas and temples help the study of art and
architecture and the culture and religious life of the people. The Ajanta paintings tell us
about the costumes, jewellery, hair-styles, things found inside the houses, the architecture,
etc. the digging of Harappa and Mohenjo-daro changed our old idea of Indian History. The
excavation (digging) at Nalanda showed the glory of our past system of education. The
digging out of the temples of Deogarh, in Jhansi gave evidence of the splendour of the
Gupta emperors.
What is History?
History is the story of the people of the past. To be history in the true sense, it must
be a record of their life and culture. History is no longer limited to the story of kings and
the way they ruled, the wars they fought and the expansion or contraction of their empire.
Along with these, history now helps us to know the condition and pattern of the lives of the
common people – how they met the basic needs of their life, what difficulties and challenges
come before them, what way they solved them, what they thought, felt and believed, what
new ideas awakened them, as expressed in their literature, architecture and art, what way
they contributed to the progress of our civilization, etc.
Why do we study the past?
It is a natural urge and curiosity in man. Think of the great men and women you
adore and admire. You surely love to know or read about their lives – their childhood, their
growing up, the hardships and challenges that came in their way, their devotion to a cause,
their suffering and sacrifices, their iron will, untiring work and great ideals before them and
their great achievements and successes.
We love to know the past.
You love to know the past of your favourite sportsman, favourite singer, favourite film
star, your ideal man or woman. So is the case with your country that you love so much.
You love to know its dazzling glories and great creations, the heights it reached in the realm
of thought and realizations, its dark days under foreign domination’s, its devotions to great
causes, its sacrifices and sufferings, its galaxy of great men and women and its unique way
of bringing different people closer and establishing unity in diversity. Would you not like to
know all these and more about your beloved motherland?
The past is an inspiration for us:
India’s ancient history is very rich and glorious. Once India was considered the most
prosperous and civilized country of the world. We had a very rich and vast literature, the
Rigveda is considered to be the oldest book in the world. We had institutions of higher
learning. It attached scholar form foreign lands. We had reached great heights in
astronomy, mathematics, medicine, and surgery. We had a long tradition of fine textiles. In
the past, India could develop a sense of cultural and emotional unity. We believed then that
there is only one God and the same God can be worshiped in many names, forms, and
manners. Ashoka, Kanishka, Harsha and even the Mughal emperor Akbar were very
tolerant and secular. The great awakening and realisation came with Jainism and
Buddhism, and the influence of the later spread far and wide beyond our boundaries. A. L.
Basham, a great historian, praised our country in these words, “India was a cheerful land
whose people reached a higher level of orderliness and gentleness than any other nation. In
no other country the relations of man and man and of man and the state were so far and
humane.” So our past is a source of inspiration for us.
The past is a lesson for the present:
Wise men take lessons from their past problems and mistakes. So our country can
take care that past mistakes are not repeated. Our past warns us of the danger of getting
entangled in our internal quarrels and neglecting the defence of our frontiers. It opens our
eyes to how caste system divides our society in many parts and sows seeds of separation
and ill feeling. It reminds us that complicated social and religious customs may lead to the
break up of our society. If in the past, India could become the world leader, there is no
reason that it should not be able to play a constructive role in the present day world.
Sources of Indian History
Our history is of several thousand years. We learn about our past from the various
sources left behind by our ancestors and not destroyed by time. History has to be based on
facts and evidence of various kinds. The evidences can be searched from literary sources,
inscriptions, coins, accounts of foreign people or visitors and archaeological remains and
monuments.
1. Literary Sources
Among the religious literature, the Vedas, the Upanishads and the two epics,
Ramavana and Mahabharata tell us mostly of the history and culture from the Vedic age to
the Gupta period. Buddhist literature and Jain literature also give us glimpses of the times.
Puranas give us some ideas of the political history of those times. Dramas, poems and
books written on law, administration, economics and grammar provide us very interesting
information about the life, habits, customs, punishments and the normal problems of the
people.
2. Accounts of Foreign People
Herodotus (5th century B. C.) gave a detailed description of the political conditions of
North-West India, through he never visited India. Aursian (4th century B. C.) gave details of
the invasion of Alexander. No Indian gave any account of this great happening.
Megasthenes, the Greek ambassador in Chandragupta Maurya’s court (4th century B. C.)
described in detailed the economic, political and social life of the people. Among the several
Chinese travellers, the accounts of Fa-hiem (beginning of the 5th century AD) who came to
the court of Chandragupta II and Hieum-Tsang (7th century AD) who was patronized by
Harsha gave valuable accounts of the life of the people and the administration of rulers.
3. Inscriptions
Inscriptions are written records engraved on rocks, stone, pillars and walls of
temples. Most of the early inscriptions are in Brahmi or Kharosti script. They provide
enough material about the economic, religious and social life of the people besides
administrative statements of kings. The inscriptions of Ashoka are the best examples of
administrative and religious types.
54 Muslims ostracised for supporting ‘Vande Mataram’
FIFTY-FOUR pro-BJP Muslims were excommunicated and their marriages nullified by
a local Mufti after they reportedly expressed the view that singing of national song Vande
Mataram was not un-Islamic, a fatwa which has sent ripples in the community in Agra.
While issuing the fatwa, Mufti Abdul Quddus Rumi declared that singing of the
national song “would lead them (Muslims) to hell.”
It was wrong for Muslims to sing Vande Mataram, the Mufti said, adding, those
advocating the song were deviating from the religion.
The fatwa also nullifies the wedding of those ex-communicated. Muslims who
statement in favour of the national song should offer prayers to renew their faith in Islam
and remarry according to Islamic rites, he said.
That around 1963-64 one of P. N. Oak articles published in some Gujarati papers
claimed that all of Ahmedabad’s 1000 mosques were 1000 captured temples and the mains
Bhadrakali temple was being misused by Muslims as their Jama Masjid.
Since Muslims are tutored to find every excuse to pick up a quarrel with the Hindus.
This was quite a novel, unheard of and unabashed plea Thanks to Allah, perhaps no
building by laws of any country demand that every building must be shorter than the local
mosque. Yet the Muslims everywhere are a law unto themselves. Their nurture trains them
to be on a perpetual prowl and keep up a continuous growl to terrify everybody and force
every non-Muslim to declare himself a Muslim that is how Islam was spread.
On further effort they ascertained the writer’s name as P. N. Oak and found out my
address. The owner of the firm then wrote a pathetic letter describing his anguish and
shock at the Muslim demand and requesting me to help him tide over the predicament by
my historical acumen.
The Ahmedabad Muslim got the shock of their life. Never in history had they ever got
such a stunning retort and rebuff.
A practical instance is provided by the description in Muslim chronicles of a
magnificent Krishna temple in Mathura which Mohammad Ghazni says could not have
been completed even in 200 years, and another in Vidisha (modern Bhilsa) which could
take 300 years to build.
Any identifiable details in earlier records of what is at present known as Taj Mahal,
luckily, Babur, the founder of the Moghul dynasty in India, who was the great great
grandfather of emperor Shahjahan, has left us a disarming and unmistakable description of
the Taj Mahal, if only we have the inclimation and insight to grasp it.
On page 192, Vol. II, of his Memories emperor Babur tells us Pp. 192 and 251,
Memoirs of Zahir-Ed-Din Mohamad Babur, Emperor of Hindustan, Vol. II, written by
himself in the Chaagatai Turki. Translated by John Layden and Willian Erskine; annotated
and revised by Sir Lucas King, in two volumes. Humphrey Milford, Oxford University Press,
1921. “On Thursday (May 10, 1526) afternoon I entered Agra and took up my residence at
Sultan Ibrahim’s palace.” Later on page 251 Babur adds : “A few days after the Id we had a
great feast (July 11, 1526) in the grand hall, which is adorned with the peristyle of stone
pillars, under the dome in the centre of Sultan Ibrahim’s palace.”
It may be recalled that Babur captured Delhi and Agra by defeating Ibrahim Lodi at
Panipat. As such he came to occupy the Hindu palace which Ibrahim Lodi, himself an allien
conqueror, was occupying. Babur, therefore, calls the palace at Agra which he occupied as
Ibrahim’s palace.
In describing it Babur says that the palace is adorned the peristyle of pillars.
Ornamental towers at the corners of the Taj Mahal plinth. “Great hall” which is obviously
the magnificent room which now houses the cenotaphs of Mumtaz and Shahjahan. Further
tells that in the centre it had a dome. Thus it is clear that Babur lived in the palace
currently known as the Taj Mahal from May 10, 1526, until his death on December 26,
1530, intermittently. That means that we have a clear record of the existence of the Taj
Mahal at least 100 years before the death of Mumtaz (the so-called Lady of the Taj) around
1630.
Vincent Smith tells us that “Babur’s turbulent life came to a peaceful end in his
garden palace at Agra.” This again is emphatic proof that Babur died in the Taj Mahal. Taj
Mahal is the only palace in Agra which had a spectacular garden. The Badshahnama refers
to the garden as “sabz zamini” meaning verdant, spacious, lofty, lush garden precincts.
“In the large octagonal hall (of the Mystic House) was set the jewelled throne, and
above and below it were spread out hangings embroider with gold, and wonderful strings of
pearls.”
The octagonal hall of the Mystic House is obviously the central octagonal hall of the
Taj Mahal in which a hundred years later Sahajahan raised the tomb of Mumtaz, and in
1666 Aurangzeb buried his father emperor Shahjahan. The Taj Mahal is called the Mystic
House because it originated as a Shiva temple replete with Vedic motifs. The same building
was also called the Great House because it was a magnificent royal residence.
There are two sepulchral mounds in the central chamber of the Taj which look like
Muslim tombs, and could very well be those of Mumtaz Mahal, one of thee thousands of
consorts of Shahjahan, and of Shahjahan himself. It is well known that many such mounds
are fake. Such mounds have sometimes been found on the terraces of historic buildings
where no dead person could be buried by one chance. Another reservation is that no
specific burial date of Mumtaz being on record it is highly doubtful whether she was at all
buried in the Taj. Period is mentioned a between six months to nine years of her death.
Such vagueness, even after a special palatial mausoleum is stated to have been constructed
for her body, is highly suspicious. Manuchi, an officer in the service of the East India
Company during Aurangzeb’s time, has recorded that Akbar’s tomb is empty. Who knows
then whether Mumtaz’s supposed tomb is not empty too. In spite of such weighty
reservations we are ready to presume that the two tombs could be those of Mumtaz and
Shahjahan.
SOME BLUNDER OF INDIAN HISTORICAL RESEARCH
Constitution alien rule in India for over a millennium has resulted in implanting in Indian
histories numerous blundering nations as sacrosanct concepts.
If by history we mean a factually and chronologically accurate account of a
country’s past current Indian histories deserve to be classed with Arabian Nights.
Such history must be repudiated and rewritten. Like a virus infection the blunder
of Indian historical research have affected other spheres too.
Feel deeply concerned at the alarming state of Indian history as it is being taught
in our education institutions, as it is being tackled on misleading assumption in
our research organizations and as it is presented to the world at large through
official academic channels.
The extent and depth of the inaccuracies and fabrications that bedevil Indian
history amount to a national calamity.
What is still more tragic is that beside the many distortions, perversions and
anomalies that abound in current historical texts there are many missing
chapters. Those missing chapters relate especially to the sway that Indian
Kshatriyas once held from Bali island in the South East pacific to the Baltic in the
north and from Korea of Arabia and possibly over Mexico. It is in that vast region,
at the very least, that the digvijayas (conquests) which we hear about very often in
Indian scriptures, were carried out. Our histories make no mention of that sway.
At least broad realization of the major points at which Indian historical research
has branched off the path at factual and chronological truth, and a realization
that at least some of its important chapters are missing, is essential on the part of
scholars, teaching institutions, research organizations, students, teachers and lay
men.
It is intended to unfold here quite a few blunders of Indian historical research
which have occurred to me. By no means do I presume to give an exhaustive list of
such blunders. The few that I intend to deal with hereafter should serve as
specimens to alert all those connected with Indian history, that the fare served to
them, day in and day out, in the name of Indian history is infected with myths,
and is deficient in nutritional values because of its missing chapters.
If minor errors of grammar, syntax or subject matter in academic text books find
us highly agitated how much more should be our resentment at the defective and
deficient Indian history that is being taught to us and presented to the world at
large.
Though our subject title is SOME BLUNDERS OF INDIAN HISTORICAL
RESEARCH yet at least in some instances, it will be observed, those blunders
have a bearing on world history. The rewriting of the missing chapters and faulty
portions of Indian Histories of other regions and of the world as a whole. From this
point of view this topic should be of immense importance to students, teachers
and scholars of history all the world over.
1. That to trace the underlying Vedic culture of Britain, let us start with the very name England. That
is of Hindu, Sanskrit origin. To understand this let us turn to the French who have an older and
more continuous civilization than that of the British. The French word for English and the English
people is ‘Anglais’. The terminal ‘s’ is silent and therefore the name is ‘Anglai’. This is the Sanskrit
word ‘Anguli’ i.e. a finger. That Ancient Hindu Explorers and administrators who fanned over a
virgin Europe looked across the English channel and called the British isles ‘Anguli’ (‘sthan’ or
‘desh’) i.e. a finger – size, finger-length. If one imagines Europe to be a palm-size, palm-shaped
continent Great British appears to be an ‘Anguli’ namely (an extended) finger. That the terminal
‘land’ stems from Sanskrit Sansthan as we shall presently explain. The Sanskrit word ‘granthi’ is
spelled as ‘gland’ in English. Likewise the Sanskrit word ‘lamp-sthan’ os lamp-stand in English.
That proves that the Sanskrit terminations ‘anth’ and ‘than’ change to ‘and’ in English. Therefore
Angulisthan came to be spelled in English a Anguliand alias England.
That In Sanskrit the suffix
‘ish’ signfies something ‘in the style of’. In English too the suffix ‘ish’ retains its original Sanskrit
meaning. Take the Sanskrit word ‘baal’ signifying a child. The suffix ‘ish’ when added to the
Sanskrit word ‘baal’ the derivative ‘baalish’ mean exactly what ‘child-ish’ means in English. By this
rule the language of the Anglai people (or land) came to be known as Anguli-ish i.e. English.
Therefore Anglai and Angulish (i.e. English) are Sanskrit words deriving from ‘Anguli’.
2.
That the word Britain too is of Sanskrit origin. The Sanskrit term was Brihat – Sthan i.e. the
Great Isles. In course of time Brihatsthan was corrupted to Britain in popular speech. That Britain
itself signified ‘the Great’ isles was forgotten but the memory of ‘greatness’ persisted while the
Sanskrit connotation was forgotten. That led to the addition of the objective ‘Great’ which explains
the current name Great Britain.
3.
That this has a parallel elsewhere. The name ‘Nile’ (pronounced ‘Neel’) was given to the
Egyptian river by Indian explorers struck by its blue waters. Later its Sanskrit meaning was
forgotten. Nile (Neel) was taken to be a proper noun and the adjective ‘Blue’ was added to it
leading to the current name the ‘Blue Nile’.
4.
That the term Anglo-Saxon is Sanskrit ‘Angla Saka Sunuh’ implying the descendants of the
Sakas in England. Surnames like Peterson, Anderson, Jacobson are of the Sanskrit, Hindu
tradition of describing a person as son of such and such. In some cases the English ending ‘Son’
is the earlier Hindu ending ‘Sen’. Thus Anderson is the English corruption of the Hindu name
indrasen. Ireland is Arya Sthan and Scotland is Kshatra-sthan. Wales in Sanskrit signifies a
seaside region.
5. That Hindu temples abounded in ancient Britain when Vedic culture pervaded the West. It has
been already explained above that place-names ending in ‘shire’ testify to the existence of Shiva
temples. Ancient Hindu temples lie in unrecognizable ruins throughout Great Britain and
Ireland. Christian fanaticism prevents modern European scholars from publicizing them.
One such famous temple existed on the Hill of Tara, alias Taragarh, (in today’s Indian
parlance), in Ireland. The Hill of Tara consequently a sacred site on which Sanskritspeaking Hindu Kshatriya kings used to be crowned for centuries. A 5000 years-old Vedic
temple was discovered late in 1997 A. D. in Stanton Drew village in Somerset. The ochrecolour of sacred Vedic tradition is represented in the tunics of that colour worn by the
British sovereigns Bodyguard.
6.
That in Britain also had temples of ochre-coloured stone as are common in India. One such
stone known as the Stone of Scon is of such holy, hoary Vedic antiquity that is forms part of the
throne on which every British sovereign is crowned. Garg was a Vedic sage who had his
hermitage-school in Britain. His name is currently malpronounced by British people as
Jorje through spelled as George. Another famous temple is the wel-known stonehenge. It
has been carbon-dated to be of 2000 B. C. The temple has astronomical marking to chart
the raising and setting of the sun and moon. Its presiding deity used to be taken in a
procession to the Avon river three miles away. The deity was so consecrated as to be
illumined by the rising sun’s rays on the longest day. These are all hindu Vedic traditions.
Ancient churches throughout Great Britain and Europe are astronomically oriented which
proves that they are captured Hindu temples since Hindus were the only people known to
be shaping their lives day after day on astronomical considerations at that remote age. The
information about the Stonehenge and its above-mentioned implications is recorded in the
Encyclopaedia Britannica.
7.
That an American professor, Lyle Borst has in his book titled ‘Megalithic Software’ adduced that
the Westminister Abbey and St. Paul’s in London occupy the sites of ancient of ancient sun and
moon temples respectively. Godfrey Higgin’s book titled “The Celtic Druids” leads valuable
evidence indicating that Hindu had colonised the British isles long before the Roman
conquest. That book, published in 1829 A. D. is available in the British Museum library in
London. Under Roman rule London was known as Londonium. This is a corruption of the
much ancient Sanskrit terms Nondanium signifying a pleasing place.
8.
That A characteristic of Hinduism is that is a universal mode of life and code of conduct which
applies to all humanity from the very start of the universe. Therefore according to Hinduism entire
humanity is one brotherhood and the whole globe is its common home.And since Hinduism
recognizes that thinking differs from person to person ( fi.Ms fi.Ms efrfHkZ=k ) (as the Sanskrit
adage goes) Hinduism does not demand any dictatorial subservience to any prophet, any
scripture or any specific mode of worship or prater. Hinduism leaves everyone totally free to his or
her own spiritual thinking if any, and follow any mode and timing of prayer and worship if at all.
That all-pervasive and all-embracing broad-mindedness of Hinduism alias Vedic culture includes
in its wide sweep, like a loving, doting mother, everybody from a stark atheist to a staunch theist
unlike Islam and Christianity subjecting everybody to one prophet, one scripture and one mode of
worship.
9.
That From time-immemorial Vedic hermitage-schools known as Gurukulam were
conducted all over the world by learned Sanskrit-speaking gurus i.e. teachers. Therefore the
current English word Curriculum is obviously an English malpronunciation of Sanskrit ‘Gurukulam’.
The Vedic Guru was a Neeteacher teaching Raja-neeti, Dharma-neati, Yuddhaneati etc. ‘Nee’
droppong-out from that term Neeteacher has led to the current English word ‘teacher’. The term
‘student’ is a jumble of three Sanskrit words Sa-tu-adhywant implying he (or she) is undergoing
studies. Education is an English malpronunciation of the Sanskrit term adhyayan. School is an
improper pronunciation of the Sanskrit word Shala as will be easily realized if the letter ‘C’ retains
its alphabetical pronunciation ‘si’ Sanskrit ‘a’ is intonated in the west as ‘O’. for instance Rama
changes to Rama; Papa to Pope, Naas to Nose etc. Similarly collage is the Sanskrit term ‘Shalaja’ signifying an institution stemming from the end of schooling. Intermediate is Sanskrit ‘Aantarmadhya – stha’ (vkareZ/;LFk) meaning the period sandwiched between school and degree course.
The Bachelor degree (B. A, B.Sc, B.Com, LL.B, M.B.B.S. etc.) is incongruously conferred even on
married women in modern times (though the adjective ‘Bachelor’ is never applicable to women in
English) because in ancient Vedic hermitage-schools all students used to be invariably unmarried
male bachelors studying in Vedic Gurukulams around the world, from about the age of 8 to 25.
That degree still conferred all over the world even in modern times despite the irrelevance of one’s
marital status, is clinching proof of worldwide Vedic culture in ancient times. The ‘Master’ degree
(M.A. or M.Sc.) is the Sanskrit Maha-Stir ( egkLrj ) signifying a higher-than-ordinary (‘Bachelor’)
level.
10. That the term ‘Bachelor’ is not only the English equivalent of Sanskrit ‘Brahmachari’ but is
actually a malpronunciation of that Sanskrit word as is apparent from the letters ‘b-ch-r’ common
to both. Speaker addressing audiences exclaim ‘Ladies and Gentlemen’ which are Sanskrit terms.
‘Lad’ and ‘Lady’ in English are the same as ‘Lada’ and Ladi and ‘Ladka’, ‘Ladki’ darling (boy and
girl) in Hindi and also ‘Laadka, Laadki’ in Marathi. ‘Gentlemen’ is the Sanskrit term ‘Santulmana’
i.e. ‘persons of balanced minds’. Soup – the opening-course of English meals is a Sanskrit word.
Hence cooks at the Jagannath temple in Puri are known as Soupkars. Modern Indian languages
are derived from Sanskrit because Sanskrit was the ancient spoken language of India. Similarly
when modern European languages are seen to be dialects of Sanskrit it is apparent that Sanskrit
was the spoken language of ancient Europe. That could be possible only if Europe practiced
Vedic culture and was ruled by Hindu kings.
11.
That ‘Raja’ is a synonym of ‘raja’ as may be seen in the words ‘Shiva-rays’, ‘Rai-Bahadur’,
‘Raisen’, ‘Raipur’ and ‘Rayalseema’. In the Indian Telugu language a king is known as ‘Rayulu’.
King Krishna Deva Rai of the Vijayanagar empire was known as ‘Krishnadeva-rayulu’. From this it
is apparent that the word ‘royal’ is the mis-spelled Sanskrit word ‘rayal’. Similar Sanskrit
derivatives are dayalu (compassionate) from ‘daya’, and krupalu (favourably disposed) from
‘Krupa’.
12. That the word ‘Majesty’ is the corrupt from of the Sanskrit Maharaj-asti. The English title ‘Sir’ is
Sanskrit ‘Sir’. Sir Roy Henderson is, therefore, Sri Rai Indrasen. Mr. a short from of ‘Mister’ is the
Sanskrit term Maha-Stir signifying a person of a high order like Mahodaya.
13.
That under the seat of that coronation chair is a shelf which holds an orange-coloured stone
slab. That slab is a sacred relic associated with the coronations of British sovereigns from timeimmemorial because it is a memento of royal ancient Vedic Hindu royal tradition. The stone is of
the same genre and colour as the stone of the Red Forts in Delhi and Agra. Those forts were built
by Hindu kings when Delhi was known as Indraprastha and Agra as Agranagar. The sacred relic
known to Britishers as the Stone of Scon is the Stone of Scond (son of the Vedic deity Shiv) in
whose temple in Scotland pre-Christian Vedic sovereigns of British used to be coronated. That
Vedic temple having been destroyed by Christian vandals latter-day coronations have to make-do
with a mere boulder from that erstwhile royal temple of ancient Vedic Britain. The term
scandinavia too derives from Scond the commander-in-chief of the Divine army.
14. That in India walled-townships and forts are known as ‘cote’ which is the same as ‘Kot’ as in
Siddhakot, Agrakot, Lohakot, Siakot, Akkalkot, Bagalkot, Lalkot, and Amarkot. In England too
walled townships and castles still bear the Sanskrit name ‘Cote’ as may he seen in names like
‘Charlcote’ and ‘Northcote’. Likewise Agincourt in France, famous for the battle won there by King
Henry III of England, is the ancient Hindu centre of fire-worship with the Sanskrit name Agnicote.
Under Hindu rule, fire worship was widely practiced on the European continent and the British
isles. The tradition still survives in Baletyne alias Balentine fires occasionally lighted all over
Europe. The word Baletyne alias Balentine is the Sanskrit word Balidan referring to the sacrificial
offering to the fire. Schoenbaum’s book titled “Shakespeare - A Documentary of His Life” carries
an illustration of young Shakespeare hauled up for poaching, before Sir Thomas Lucy. In the
background is the walled castle or township ‘Charlcote’. Borough is an English malpronunciation
of the Sanskrit Pura since Sanskrit P of intonated in English as B. Edinburgh, the capital is
Scotland is a distortion of the Sanskrit term (osnkuke~ iqje~) Vedanam Puram the township of the
Vedas. The term Veda got corrupted to Edda in Europe.
15. That in British most topographical names are Sanskrit in origin. The ending ‘shine’ is Sanskrit
‘eshwar’. Indian townships are known as Lankeshwar, Tryambakeshwar, Mahabaleshwar etc.
Similarly English locations are known as Lancashire, Warwickshire, Hertfordshire etc. The
Sanskrit ending ‘eshwar’ spelled as ‘shire’ in modern English usage, signifies a township around a
Shiva temple. Therefore the suffix ‘shire’ is proof of Shiva worship having been prevalent in
England and on the continent. Specimen Shiva Lingas of those times may still be seen in the
Etruscan museum in the Vatican in Rome. Christian archaeologists have suppressed those finds.
16. That the ending ‘bury’ as in Bloomsbury, Seven Bury, Canterbury, Ainsbury, Shrewbury, is the
Sanskrit termination ‘pury’ (i.e. locality) as in Krishnapury, Sudampury, and Jagnnathpury. ‘P’
changes to ‘B’ as Sanskrit ‘Poat’ becomes ‘Boat’ in English Distant Thailand which has townships
with indisputable Sanskrit names has townships called Cholbury, Rajbury. This proves that tracing
the English ‘bury’ ending to Sanskrit ‘pury’ is not far-fetched.
17. That the ending ‘ston’ or ‘ton’ as in Kingston, Southampton, Hampton is Sanskrit ‘sthan’ as in
Rajasthan and Sindhusthan, Kingston is literally Rajasthan. Waterbury, is literally Jalapury.The
river ‘Thames’ pronounced as ‘Tames’ is the Sanskrit word ‘Tamasa’ since it is mostly enveloped
in fog and is muddy. The river Tamasa is mentioned in the Ramayana.
18. That the river Amber in Britain gets its name from Sanskrit Ambhas (meaning ‘water’) says the
Oxford Dictionary of Place Names and Proper Names. English rivers could not bear Sanskrit
names unless the British isles were administered by Sanskrit speaking Vedic rules in ancient
times. ‘Ram’s Gate’, London is a famous address which is reminiscent of an ancient Rama
temple. In India too it is not uncommon to have a Rama – Dwar i.e. Rama’s Gate as an important,
scared topographical location. Ramford has a similar derivation. Liverpool was Lavapur named
after Lava a son of Rama. Names likes Sandringham, Birmingham are corrupt forms of the
Sanskrit Hindu termination ‘dham’ meaning ‘abode’ with ‘d’ dropping out. Sandringdam was Sri
Rang Dham. Birmingham was Brahmandham.
19. That Canterbury is a malpronunciation of the Sanskrit term Sankarpury. Therefore the
Archbishopric of Canterbury was a Vedic priesthood prior to capture and conversion to Christianity
around 597 A. D. The room in churches where holy clerical apparel is kept is known as ‘Vestry’
from Sanskrit ‘Vastra’ meaning appeal. The term Vestry too is purely Sanskrit and is explained as
the room where Vestry (i.e. apparel) is kept is Vestry. The term ‘friar’ is of Sanskrit origin. In
Thailand and other Buddhist countries which follow Sanskrit tradition a monk is known as (fra)
‘Phra’ so and so. Likewise an English monk is also known from pre-Christian Sanskrit tradition as
‘Phra’ (Fra) an abbreviation of ‘Friar’ which is the corruption of the Sanskrit word Pravar. The term
‘Saint’ is Sanskrit ‘Sant’. Biblical stanzas are known as psalms (pronounced ‘saam’) because prior
to Christianity it was ‘saams’ of the Saam Veda (and other Vedas) which were recited in England
and on the European continent.
20. That
An idol of the Hindu Sun-god Mithras was found in the debris around the Houses of
Parliament in London during reconstruction-work after the World War II bombing damage. Mother
Mary of the Christians is no other than the Hindu goddess Mariamma in a Christian garb. The
word ‘underling’ in English is Sanskrit ‘antarling’ signifying a smaller interior Shivling. Hindu Shiva
shrines have the customary double Shivlingas. The one on the ground floor is big and prominent
while the other in a pit in the nether storey is smaller and not very prominent. Similar other words
in Sanskrit are antar-jnan (i.e. inner knowledge), antaratma (inner being or soul). The word
‘tantrums’ in English is derived from the Sanskrit word ‘tantra’ which indicates that Hindu mantratantra (religious and esoteric practice) were prevalent in ancient Britain. Minister is from Mantri.
21. That the English surname ‘Brahm’ is Sanskrit ‘Brahma’ as in ‘Brahman’. The name Abraham too
derives from Brahma the Hindu name for the Creator. The English exclamation ‘Ahoy’ is the
Sanskrit exclamation ‘Aho’. The English term ‘navy’ is the Sanskrit word ‘navi’. The term ‘hullo’ to
is of Sanskrit origin and is found in ancient Sanskrit stage-plays when one character accosts
another. ‘We’ in English derives from ‘weyam’ of Sanskrit. Similarly ‘you’ is Sanskrit ‘yuyam’. Is ‘h’
is dropped from the words ‘that’ and ‘they’ could be seen to be ‘tat’ and ‘tey’ of Sanskrit.
22. That ‘Sovereignty’ and ‘Suzerainty’ are both malpronunciations of the Sanskrit compound ‘Swarajan-ity (Lo jktu~ bfr) ‘Diction’ is the Sanskrit word Deekshan (nh{kka.k) meaning the ‘Deeksha’
i.e. the tuition which the Guru imparts. Therefore the term ‘Dictionary’ is Sanskrit (nh{kkarjh)
‘Deekshantari’ signifying a volume to be referred to in case any word in the given Deeksha is not
understood.
23.
That At the very out let me observe that there are problems and problems as there are systems
and systems. Modern world systems are getting increasingly complex and consequently problems
emanating from them are also getting increasingly complex with each passing moment so much
so that a modern man worth that denomination cannot, like great Socrates, be content with
observing that “know thyself” and the problem as such would pose no further formidable
challenges. The problems of Indian Judges and Advocates, claiming our attention, query and
enquiry in this pamphlet, definitely fall within the ambit of such complex problems affecting and
afflicting our socio-economic-culture complex to the very marrow of its bones, to the very
innermost recesses of its foundations and beings. Our systems needs judges ‘to set in judgement’
and advocates to assist them along this line to the best of their aptitude, ability and
accomplishment. We have not as yet reached any-where nearer that millennium when ‘man would
be a law unto himself’ without special agencies charged with the onerous task of enforcing law by
interpreting its constitutional and procedural legal extent, drift and scope. But the interpreters of
law are human beings conditional by great human environment that surrounds them, nay envelops
them, like ‘the infinite silence of spaces’, ready to ground them to dust, irrespective of their
subjective wishes and desires to the contrary. It is, thus obvious, rather self-evident that they who
are charged with the stupendous and almost super-human task of sitting in judgement and
assisting those in seats of judgement must enjoy a measure of freedom from oppressive human
conditions, must not constantly find themselves dragged into a situation where ‘world is too much
with them’, must not, in other words, be too much chained to the conditions which leave them with
palsied hearts and atrophied heads devoid of real and effective leisure, so very essential for
judgement that are not only just but also appear to be so. The same argument holds good with
equal relevance even in relation to the persons who are charged with the complex tasks of
assisting the interpreters of law in their effective discharge of duties.
24.
That this being the basic and principal perspective of the problem dealt with in this pamphlet, let
us examine the whole issue in essence as well as in appearance, in content as well as in form, in
generic as well as in specific perspective.
25. That against the backdrop of this extensive and intensive perspective, we would like to draw the
attention of our well-meaning and well-intentioned readers to the great anti-thesis that has
somehow or other, attached itself to the problems outlined in its skeleton outlines. This anti-thesis
of our precisely and briefly outlined thesis is quite shocking and pathetic, nay tragic. Of course, it
is tragic only to those who are capable of felling and thinking and not to those who consciously or
sub-consciously prefer a state of mind which refuses to have any truck whatsover with either
thinking or feeling or both.
26. That What, then, are the transparent and concrete manifestations of this deeply tragic anti-thesis
of our thesis? These are: (a) the great unconcern and indifference of the broader sections of our
people to the real dimensions of the problem, (b) the attitude of utter complacency on the part
intellectuals and the intelligentsia, supposedly the most conscious elements of our society, and (c)
extreme, almost indescribable, apathy on the part of the government so much so that the
problems outlined have not even been essentially cognized to this date. I say essentially because
apparently there continues to be a heavy down-pour of pious utterances and sentiments,
exhortations and rhetorics ‘full of sound and fury signifying nothing’.
27. That Rhetorics are very high sounding things indeed. They sometimes take even the most
intelligent persons, as it were, unawares. But they are like those women in one of Carlos Williams’
poems who look dreams-like pretty while dressed but when they undress themselves, they reveal
themselves as ‘no Venuses’. Rhetorics have never been effective substitutes for reality of
emotions or cognitions; at worst, they have rather come to stand for empty jargons which, instead
of unfolding the problem, try to cover and hide it. So in essence, though not in appearance, we
arrive at a point, a turn which exhibits the conclusion of a particular way of life not with a bang but
a whimper.
28.
That this, in brief, is the essence, the kernel of all the rhetorics indulged in by the government,
meaning here the executive, on this vexed and vexing problem of the judges and advocates. Tall
and high-sounding assurances and resolutions have not brought us anywhere nearer the solution
of the problem which is now assuming alarming dimensions in times characterised by soaring
prices and leaping rates of inflation. Times seem ‘to be out of joints’ and the judges and advocate
are bound to hear behind their backs the inflation’s winged chariot driving nearer. In not too a
distant future they as well are bound to repeat the Hamletean cry “To be or not to be” is the
question. But in practice, if not in theory, the executive seems to ignore this problem, or to put it
more precisely, drown this problem in the sound and fury of empty rhetorics and pious resolutions
having no relevance to the problem as such.
29. That all this may sound extremely paradoxical to the uninitiated but then this is the essential
behaviour mode of the executive vis-à-vis this problem, one of the cardinal, concrete
manifestations of the awfully oppressive antithesis to our briefly outlined thesis. If the above
outlined anti-thesis continues to operate unchallenged we can easily visualize the likely synthesis
to result from its operation to its logical conclusion. To put it briefly, this synthesis would maintain
the status quo vis-a-vis the oppressive human conditions ready to ground the judges as well as
advocates to dust. This would certainly be its operative part, the most effective part, which would
constitute its essence, its kernel, its crux. And what would be the nature of this resultant status
quo in the context of our troubled times, our times marked by soaring prices and galloping inflation
and earnings basically remaining the same as before, i.e. as they used to be in normal times?
This would, in practice, mean the erosion of real earning, the lessening of real emoluments. So
the resultant status-quo would come practically to mean not even status quo; it would essentially
mean a step backwards in terms of real earnings, a sad retrogression even in the grab of socalled status-quo.
30. That What a terrible and terrific synthesis to think of in context of fact eroding earnings, soaring
prices and mounting inflation! And this is actually the synthesis that the executive is offering the
judges and advocates irrespective of their pious assurance, sonorous resolutions, solemn
exhortations and rhetorical recitations. And this synthesis is being presented not to commoners for
acceptance, but to judges and advocates, who constitute the elite in our society.
31. That Our government has earned high fame for framing decisions which are revised in a minute
without implementation. And then without a moment’s delay, as it were new decisions are arrvived
at which too are revised without the least qualm of conscience. And this endless series of
decisions and revisions reversed in a minute goes on with an unabated zeal which ought to have
been resersed for better and higher purpose and causes.
32.
That but our government has not deemed it necessary to bless judges and advocates even
with decisions and revisions, which are revered without implementation. So practically this elits of
our society has been left to its own fate and the oppressive human conditions have, as it were,
been given full freedom to fish in the troubled waters. Thus, in relation to judges and advocates,
the government, meaning executive, has been behaving in the style of the Greek mythical
goddess Genuse, with her two heads, one turned backwards, meaning past, the other turned
forwards, meaning future, but the utterly oblivious of what is going on in the live present. But the
present is such a stubborn reality which refuses to be relegated to background, to oblivion that
easily. It asserts and reasserts itself in manifold ways to the great astonishment of our executive
so mush so that it enters its water-tight compartments despite the executive’s avowed intention to
the contrary and plays havoc with its formulations, resolutions, decisions and revisions.
33. That so the cleverly woven and interwoven myth of governmental concern for the welfare of
judges and advocates is finally exploded and forced to dissolve itself into the thin air by the
stubborn and adamant realities which prove too much for the myth, including this one, Reality of
live conditions chaining judges and advocates to its chariot-wheel emerges triumphant
vanquishing all myths and fictions consciously or subconsciously created by the government
through its various propaganda agencies and media. The naked fact, the fact and fact alone, as it
were, starts staring us all into our very eyes, declaring, as it were, from the house-tops that before
judges can so justice and advocates can assist them in doing justice to the best of their aptitudes,
abilities and consciousness, they themselves should, nay must, receive justice in terms of actual
lessening of the oppressive human conditions that continue to tell heavily on them to this date.
34. That In history of human race as well as in the memory-desire pattern of individuals who
collectively constitute one of the prime motive forces of human history, myths and realities have
often been juxtaposed, rather counterposed and justly so. Myths essentially constitute our
memory-desire pattern, whereas the realities constitute our actual human existence, both being
essentially intertwined and interdependent. But at a particular level of the development of human
consciously, myths came, whether consciously or unconsciously, to be employed as so many
camouflages, covering and hiding realities of actual human existence from human purview, so
they became coterminous with fancies and fictions, got themselves transformed into deceiving
elves, decidedly set upon the task of depriving thinking people of their capacity to think their
thoughts to their logical conclusions. This consequently led to a sharp cleavage between myths
and realities and a terrible shattering of the bonds of interdependent between the two. Henceforth
myths stated getting juxtaposed and counterposed to realities.
35. That Our government like many other governments is fond of coverings and hiding the essence
and kernel of a problem with hues of deceptive appearance, hence it is very much prone to create
myths with a view to camouflaging realities. Instead of dehiding realities and thereby creating
conditions for changing them into less painful, less obnoxious ones, our government has set itself
the task of hiding them deeper and deeper with the aid of myths of myths of manifold types and
dimensions. Of late this proneness to counterposing myths to realities on part of our government
has assumed alarmingly pathetic, rather tragic dimensions. Myths are deliberately or unwillingly
being offered as substituting for realities and people are asked to submit to this white and blatant
lie and accept it as cardinal value, as ‘gospel truth’. And through its intensive and extensive
propaganda, the government had been able to achieve a measure of success in this gory game of
hoodwinking quite a considerable section of our people, ut since the government had miserably
failed in checking the deepening and intensification of the crisis, the hoodwinked are fast returning
back to normal consciousness in terms of getting deeply disillusioned with the myths created by
the government.
36.
That If this be true about broader sections of common people of our society, we can easily
imagine what must be going on in the minds of the judges and advocates, vis-à-vis the numerous
myths devised by government in order to cover and hide unpleasant realities of oppressive human
conditions under which they have been discharging and continue to discharge their onerous
responsibilities and duties, Constituting the elite in our society, they can learn independent of their
saltish tears and bitter experiences as well to a considerable extent which common people,
grounded by abysmal poverty, divided by competition and enslaved by ignorance, are unable to
so, at least at the present level of development of their consciousness, their capacity to
disentangle realities from myths, their aptitude to dissociate illusions and appearance from
realities and essences. Therefore it can earnestly be hoped (may be it proves another from of
hoping against the hope) that our government would get rid of the unproductive habit of weaving
myths and fictions around the essences of the problems as so many escaperoutes from
unpleasant realities for itself and so many traps for the unenlightened taking advantage of their
oppressive conditions of existence. The government, however, must learn that it is wrong all along
the line to take advantage of people’s miseries and subhuman conditions of their existence. It is
neither in the larger interest of the people likely to be increasingly debased, dehumanised and
degraded by oppressive conditions nor the government Itself, which is bent upon perpetuating
these sub-human conditions knowingly, deliberately or unwillingly and spontaneously. So far as
the judges and advocates are concerned, the executive will be well advised to mend its ways
forthwith, to cease creating and weaving myths, fancies and fictions because try as hard the
executive may, they cannot be easily hoodwinked and even if hoodwinked temporarily, they are
bound to recover from this state of affairs sooner than later, leading to a greater and far-reaching
crisis of confidence than the executive in its fond hopes might have mentally prepared itself for.
The executive must not overstep its logical limits, it must stop its hide-and-seek game with myths
and realities and face the problems plaguing the judges and advocates centrally, squarely and
courageously by adopting bold theoretical and practical measures which can give this extremely
essential elite of our society a considerable measure of freedom form oppressive human
conditions of existence. In this connection the executive will be well-advised not unnecessarily to
lift the veil of life with a view to engaging in futile acts and unproductive and barren exercise into
hair-splitting. Bold, unconventional and daring decisions of practical relevance are urgently being
called forth from government in order to prevent the great crisis of confidence form developing any
further fissures. But if the government stubbornly refuses to read the writing on the wall, a
situation is soon to develop which would not be mush to its liking.
37.
That looking at the problems in generic outlines, the conclusion because irresistible that the
government, meaning here the executive, somehow or other, wants the judges and the advocates
to follow the famous cynical philosopher, Diogenes, if not in words then of course in deeds.
Bertrand Russel, the famous British Philosopher, has summed up the life-style and behavioural
mode of Diogenes in the following words :-
“He decided to live like dog, and was therefore
called ‘cynic’ which means ‘canine’. He rejected all conventions whether of religion, of
manners, of dress, of housing, of food, or of decency. One is told that he lived in a tub, but
Gilbert Murray assures us that this is a mistake : It was a large pitcher, of the sort used in
primitive times for burials. He lived like an Indian Fakir, by begging. He proclaimed his
brotherhood, not only with the whole human race, but also with animals. He was a man
about whom stories gathered, even in his life time. Everyone known how Alexander visited
him, and asked if he desired any favour. Only to stand out of my light, he replied”.
38.
That Well, Diogenes who happened to be a disciple of Socrates (Antisthenes) could have lived
and talked and argued along the above stated line, but ordinary mortals cannot follow into his
footsteps. Thus, he constitutes more an exception than general rule, howsoever laudable. It would
be fond on the part of government to cherish such notions practically and pragmatically, Further,
Diogenes and they who followed him, did all this voluntarily and under no compulsion from any
outside authority whatsoever. Their life-styles and behavioural modes, so to say, were conditioned
by any outside or external force or compulsorily enforcing agency in the name of public decency,
public code and public interest regulating the life styles and behavioural modes of modern judges
and advocates in both detail and depth, in both essence and appearance, in both content and
form. Therefore, the government must not even subconsciously entertain such exceptional notions
as general guidelines.
39. That this generic investigation being us right to the threshold of the specifies problems plaguing
the Judges and Advocates not as a super-human. Diogenes but as ordinary human beings, living
and working under extremely inhuman, rather sub-human, working and living conditions. Freedom
from oppressive and oppressing working and living conditions in the concrete from of freedom
from wants is the thing which is most urgently, rather at an emergent level, called for in view of the
fast dwindling purchasing capacity of the individuals, soaring prices and consequent erosion of
incomes in terms of real, staple and stable earnings and incomes. Nature of the jobs and functions
of the Judges and Advocates further necessitates this freedom from wants. It will be, I think, easily
conceded that their jobs are of extra-ordinary intellectual type. Now every intellectual work
presupposes degree of leisure so much so that philosopher and writers of varying orientations are
agreed upon this common point despite their major divergence on other issues. Thus even Kari
Marx is of the opinion that man does not live by bread alone. The famous British poet, T. S. Eliot,
who would otherwise not see him eye to eye also talks in terms of “luxury of laziness” and the
great British philosopher Bertrand Russel has gone to the extent of writing a learned and pleasant
treatise entitles “In Praise of Idleness”. Returning back to history of theoretical thought, some of
the great and towering intellectual giants of antiquity like Aristotle, Democritus and Epicurus have
also praised the principal of leisure in human life in differing contexts and theorised that it is a
necessary precondition for flowering of intellectual and cultural activities. The very concept of a
welfare state also presupposes it in unequivocal terms. Thus it is self-evident that without
minimum degree, without freedom wants, no higher intellectual pursuits can satisfactorily be
carried on as a matter of general rule.
That but let we may not be misunderstood on this court. The petitioner is not talking of leisure
independent of need as he cannot think of freedom independent of necessity-both these opposite
being essentially inter-related and interdependent. We have not only looked at but also looked
through the woods (generic problems) sufficiently; now let as look at the trees (the specific
problems) and attempt to inter-relate the two within a factually as well as logically consistent
and convincing framework
TAJ SYNOPSIS
18.
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.
“I am unjust, but I can strive for justice,
My life’s unkind, but I can vote for kindness.
I, the un-loving, say life should be lovely,
I, that am blind, cry against my blindness”.
19.
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.
20.
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.
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. Politicians act in nefarious
designs with impunity. Political parties motivated with vested interests are
dancing to usurp power through any means, fair or foul even at the cost of
sacrificing the Nation’s existence to personal interest. Party systems have
pushed to advance its own schemes upon the ruin of the rest. Our politicians
are Mafia dons next to the invaders. Robbers have generally plundered the
rich who are seldom subjected to legislation always plunder the common
citizens and protect those Mafia dons under the phraseology of “law making
sovereign power” having the connotation “procedure establish under law to be
cherished instead of due process”.
There is always an excuse for tyranny and mal-administration,
which has degenerated the national character. The power given needs a
safeguard from such arbitrary power and unfair exercise. In present set up
freedom has become an abuse and liberty as license. Therefore the moral
damage is more terrible. An oppressive system is more to be feared than a
Tiger.
Deep needs to express thought;
Profoundly sickening to compel;
Remain silent at expression;
Limitation of freedom of thought;
Is attack on social rights;
As spiritual force is stronger;
Than any material force;
As thought leash to average conscience;
By the necessities of fatal policy;
The Hon’ble Supreme Court acted as an instrument of status quo-upholding
the traditions of Anglo-Saxon jurisprudence and resisting radical innovations
in the use of the judicial power to promote social justice under the republican
constitution till early 1970 with some Hon’ble expectations, but in the light of
a social economic philosophy alien to our freedom movement and aspiration of
the liberated people, the Apex Court has started a giving importance to the
rule of Law with “tryst with destiny”. The outstanding judicial activism in the
quest for social justice came by the enormous contribution of Hon’ble
Supreme Court in the recent years. The use of newfound judicial power in the
service of “WE THE PEOPLE OF INDIA” who has often being represented in the
judicial forum have always been at the receiving end of mal-administration
and exploitation.
All the members of the court are considered as wounded, where justice is found
wounded with inequity, and judges do not extract the dart of inequity from justice or
remove its blot and destroy inequity, in other words where the innocent are not
respected and the criminal are not punished.
A virtuous and just person should never enter a court and when he does so, he
should speak the truth; he who holds his tongue on seeing injustice done, or speaks
contrary to truth and justice, is the greatest sinner.
Justice destroyed destroys its destroyer; and justice preserved, preserves its
preserver. Hence, never destroy justice, lest being destroyed; it should destroy thee.
In this world justice or righteousness alone is man’s friend that goes with him
after death. All other things or companions part on the destruction of the body and
he is detached from all company. But the company of justice is never cut off.
When injustice is done in the government court out of partiality, it is divided
into four parts of which one is shared by the criminal or doer of injustice, the second
by the witness, the third by the judges, and the fourth by the president king of an
unjust court.
It will be instructive to sun up this discourse with the observation of Hon’ble
Chief Justice Bhagwati in Sukh Das. “It is common knowledge that 70 percent of the people
living in rural areas are illiterate and even more than that percentage of the people are not
aware of the rights conferred upon them by law. Even literate people do not know what are
their rights and entitlements under the law. It is this absence of legal awareness which is
responsible for the deception, exploitation and deprivation of rights and benefits from which
the poor suffer in this land. Their legal needs always stand to become crisis-oriented
because their ignorance prevents them from anticipating legal troubles and approaching a
lawyer for consultation and advice in time and their poverty magnifies the impact of the
legal trouble and difficulties when they come. More over, because of their ignorance and
illiteracy, they cannot become self-reliant; they cannot even help themselves. The law
ceases to be their protector because they do not know that they are entitled to the
protection of the law and they can avail of the legal service programme for putting an end to
their exploitation and winning their rights. The result is that poverty becomes with them a
condition of total helplessness. This miserable condition in which the poor find themselves
can be added to situations” (1986) 2 SCC 401).
The order of lawyers are conservative by instinct and there are not a few who
believe not only in the necessity but in the absolute sacredness of every
technical rule, however unreasonable, and who see nothing but peril in
innovations, however beneficial. The lawyers are always having perplexed with
fear of change. He knoweth not the law who knoweth not the reason there of,
therefore, it is not advisable to live in cloistered seclusion, detached from the
world and all its pursuits. If you are ever tempted to join in the fierce hunt
after the vulgar prizes of the world, remember that after all. That accretes and
frets his hour upon the stage, and then is heard no more.
“There is a land in the present age,
Where the people live in graves
Liberty, freedom all unknown,
Service and be slaves.
The people are living in free past glory of their own,
As an outright, beggars would had sung,
Well once upon a time. I was a king
When such of the attitude of the people
How can they get the freedom,
Least to talk of liberty.
Yet a certain day may come
When the people will hum
In the orchard of freedom
Taste the juice of liberty”.
(Not hearsay, not gossip, not publicity, but action.)
There is an iron cage, not having any ventilation and people are living in the state of
suffocation, virtually on the verge of their death point. There is a complete apathy of the
custodian of the power towards their welfare and in our country "We, the people " who are
regarded to be the sovereign of the nation are living a life full of abrogation and
subjugation. I seldom consider that whether it is worthwhile to shout a voice and thereby
invite some lighter sleeper to suffer the agony of the death and this purpose achieved
through my writing may serve some purpose. Since the daylight shallow the darkness, I
have written articles to take the intellectual from apathetically approach towards
rectification of prevailing maladies as to wake up.
Public education is essential for functioning of the process of popular government and to
assist the discovery of truth and strengthening the capacity of individual in participating in
decision making process .The decision making process include the right to know also and
pushing the protection of reservation beyond the primary level betrays the bigwigs desire to
keep the crippled more crippled forever. Education of religion is the foundation for valuebased survival of human being in a civilized society. The force and section behind civilized
society depend upon moral value and the morality cannot be cultivated through the
falsehood of ideological barrier. Thus the children may not be required to read such facts
which are having the foundation of falsehood.
Our educational institutions are the foundation of the characteristics on the
basis of which the young generation will solve the problem of national solidatory and
integration. The children are taught to adhere with the truth for their existence in future
but the alarming situation linked with the history written by the alien rule has not only
nurtured the myth amongst the independent citizens but many monuments have been
falsely credited to the alien Muslim rulers who were driven across the Indian borders at
sword point and continued to rule our nation mercilessly without given any importance to
the existing palace and the temple built by the inhabitant ancestors of the rulers at the
contemporary period. 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.
The mankind must be satisfied with the reasonableness within reach and
the decision-making process may belong to the knowledge of the law. Thus the
reasonableness and the rationality, legality as well as philosophically, provide color to the
meaning of fundamental right .The concept of equality is not doctrinaire approach. It is a
binding threat which runs through the entire constitutional text thus the affirmative action
may be constitutionally valid and the same cannot ignore the constitutional morality, which
embraces in itself the doctrine of inequality. It would be constitutionally immoral to
perpetuate inequality among majority .The constitution is required to kept young energetic
and alive .The attempt be endure to expand the ambit of fundamental right. It is said that
the dignity of the ocean lies not in its fury capable of causing destruction, but in its vast
extent and depth with enormous tolerance. Thus the wider the power, the higher the need
of caution and care while exercising the power.
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
The Student/children, the future citizens under taking the
education of Indian History on the misconception/ pattern of Anglo Saxon
teaching meant for division of Indian society on the policy of “Divide and
Rule”. There is a important question posed as to whether we have actually
gain our independence or we have to under take another journey full of
animosity, aggressism on account of terrorism and fanatic ideology a prevalent
throughout the World of a particular religion. Thus on account of being
sentinel /Guardian at large, this is the voice of the majority of Hindu Citizens
to save our ancestral cultural heritage and there by to give protection to our
future citizens. They have the threat of being subjected to atrocities if the
drastic step to save the citizens from the oppression and exposure of falsehood
may not be done at an earliest time. Thus every nationalist who has got a
slightest patriotic cult in his inhibition has got a Fundamental Right and a
Constitutional Duty to safe guard our cultural heritage against the falsehood.
Imparting of education is a State function. The State, however, having regard
to its financial and other constraints is not always in a position to perform its
duties. The function of imparting education has been, to a large extent, taken
over by the citizens themselves. Some do it as pure charity; some do it for
protection.
A society where there is no moral values, there would neither be social
order nor secularism. Bereft of moral values secular society or democracy may not survive.
Almighty alone is the dispenser of the absolute justice. Thus an independent and efficient
judicial system, belong the repository of omnipotent power is always consider as one of the
basic structure of our constitution. The pre constitutional days cannot be countenanced as
a source of law to claim any rights when it is found to violate human rights, dignity social
equality amongst citizen. Democracy cannot survive and the constitution cannot work
unless Indian citizens are only learned and intelligent, they are also of moral character and
imbibed the inherent virtue of human being such as truth, love and compassion. Duty of
every citizen of India is collective duty of the state every citizen of India is fundamentally
obligated to develop a scientific temper and humanism .He is fundamentally duty bound
top strive towards excellence in all sphere of individual and collective activity, so that the
nation constantly arises to the higher level of endeavor and achievements. Everyone,
whether individually or collectively is unquestionably under the supremacy of law however
it is true that exaggerated devotion to the rule of benefit must not nurture fanciful doubts
or lingering suspicion and there by destroy social defense as the curiosity cannot be the
subject matter of fair criticism. Thus the conclusion derived that on one hand every citizen
is having the freedom of speech and expression so far as they do not contravene the
statutory limits and may prevail in the atmosphere with out any hindrance. Fundamental
duties and the obligation of the citizen may yet provide a valuable guide and aid to
interpretation of constitutional issues which not only required for resolving the issues but
also to provide guidance to the society. Giving a man his due, one of the basics of justice
finds reflected in right to equality .Law frowns upon such conduct thus the court accords
legitimacy to possession in due course of time.
The concept of sovereignty was present from the ancient time but the sovereignty was
conferred upon an individual who is suppress the wicked and is recognized as great
resources in itself like the fire, air, sun, moon and religion. The religion in the ancient time
was considered as spiritualism and it was not dependent upon any ritual ceremony but it
was considered s the knowledge in the darkness of ignorance and injustice. The sovereignty
was supposed to promote the cause of the religion, wealth and enjoyment of life and who is
voluptuous, malicious, mean and low minded is ruined by the retributive justice thus the
sovereignty was considered as a destroyer of the wicked like fire; a restrainer of the wicked
by storm (Varun ) and its controller. It was considered to be the dispenser of ease to the
best pupil like the moon and a replenisher of wealth. These qualities were the quality of the
sovereign power.
Now the sovereignty is attributed upon the three institution namely the
legislature, the executive and the judiciary. The combined effect of the three institutions
makes a democratic society. The legislature is creature like lord Brahma while the
executives like lord Vishnu may provide the welfare to the public. The judicial institutions
like lord Shiva is the dispenser of justice and is also the protector of all subjects. The law of
retributive justice wakes when the people sleep. Hence wise men regard the law or
punishment as virtue or religion.
The sovereignty and the people should form three Councils, Educational, Religious
and Administrative. One individual should not have the absolute power of government, the
sovereignty being the general president of the councils .The qualifications of the president
the presidents of separate councils are their interest in the welfare of the country, their
excellence of learning and character, and their influence over the people. A country
prospers as long as the people are righteous. Also their welfare requires the appointment of
learned educational officers, appointment of learned men as the dignitaries of the spiritual
council and of virtuous learned men as administrators. Obedience to law is required of all.
Secularism is the basic structure of constitution and as such in absence of
study of religion for generating brotherhood amongst the fellow citizens as to provide
mutual coordination and the ideology of live and let live to other is the basic education
which cannot be said as an attempt against the secular philosophy of the constitution .The
constitution as it stands does not proceed on the “melting pot “theory while it represents a
“salad bowls” where there is homogeneity without any obliteration of identity . The
foundation of the religion is spiritualism, which is based on trust and confidence and an
ability to strive for the good self of the other individual. The law must be enforceable to
preserve the society with out any derivation and hindrance and thus it may not resultantly
face the social catastrophe. The little Indian shall not be hijacked from the course of
freedom by mob muscle method and thereby to subtle perversion of discretion by other
large Indian “dressed in little, brief authority”. The people of our country has right to know
every public Act and the principle of finality may not be insisted upon as the maxim
“interest reipublicae ut sit finis litiun”. Wisdom and advisability of public policy may be
demonstrated in order to given effect to the statutory provisions under our constitution
thus an inquiry and investigation may be needed a complete with the opinion of the
expertise to arrive a conclusion as to whether the plurability in a society is not splited the
very object of the law through appeasement to the minority group of the citizen in order to
provide a conducive political social and legal framework with out destroying the very fabric
on the basis of which the pillar and the foundation were built in order to assimilate the
minorities with the majority . The Hon’ble court may never venture to disown its
jurisdiction when the constitution is found to be at stake and the fundamental rights of the
citizen are under fire of falsehood and thereby usurpation of the power by terrorizing for
personal leisure and pleasure through self created dogmas and rituals of particular religion
at the cost of other citizens. Thus the exposure of the falsehood may become the right of the
affected party to vanish the assertion based on unpatriotic sentimental perversity.
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.
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 Kerala 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. 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.
The ambit and scope of “Right to Know “ is conferred fundamental right
under article19 (1)(a) of the Constitution of India read with the provision of Freedom of
Information Act,2002 .The right to get information in democracy is recognized all
throughout and it is a natural right flowing from the concept of democracy itself Freedom of
expression may be necessarily include 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.On one hand we are suffering from the past prejudice of caste
predomination amongst the different section of the citizen. This country called as Arya
Varta in the ancient time was so excellent as there was no match equal to our country on
this earth. The creation of the terminology of Aryan considering themselves to be noble was
earlier regarded the real philosopher’s touchstone to eradicate the falsehood from its
perception. However by the gradual deterioration in the standard of the good behavior,
righteousness, decency which were having the foundation of impartiality, love and
conscientiousness, there has been the complete absence of discrimination in the social
coordination.
In a pluralistic society like India, which accepts secularism as the basic
ideology to govern its secular activities, education can include study based on “religious
pluralism “. Religious pluralism exclusivism and encourages inclusivism. Thus in
pluralistic society it is necessary that there may not be any encroachment upon the follower
of other ideology. Value based education is likely to help the mission to fight against all the
kinds of prevailing fanaticism, ill will, violence, dishonesty, corruption and terrorism in the
different form Citizens by getting the protection to a certain degree of preference to the
minority on the cost of majority of citizen .The education is permissible only on the grounds
of convenience, suitability and familiarity with an educational environment but the same
should not be excessive to the substantial departure of tolerance and based on practically
not existent intolerable fanatic ideological aggressism . The prevalent socio-economic
system having the vast majority of the people, ignorant uneducated and easily liable to be
misled may also be provided their due legitimization in governance of their life as they
repose tremendous faith in the secularism .It is the constitutional obligation of the state to
provide the justice by emancipation of the falsehood as the commitment of Article 19 A,
providing right of expression to an individual. It may be unreasonable if we are unable to
give the exact definition of reasonableness to the people in a democratic institution .Law
cannot afford any favorite other than truth the manifest injustice is curable in nature
rather than incurable mediocrity over meritocracy cuts the root of justice. Protective push
or prop by way of reservation or classification must withstand any over generous approach
to the section of the beneficiary if it handles the effect of destroying another’s right to
education, more so, by pushing in a mediocre over meritorious and thereby belies the hope
of generating the social coordination.
Truth will not make us but it will certainly make us free. The wrong historical data
leads to the horror as we have seen during the period of demolition of the Babri Masjid.
There has been number of concomitant given by the respective community representing to
the follower of two prominent religions but the loss which we have suffered in the shape of
hatred between the two section of the society cannot be compensated without revealing the
truth. Unfortunately, the term Hindu communalism is more exaggerated by the fanaticism
under the garb of secularism while the Hindu community as a whole has always been
receptive to all the religion. The question which is cropping its importance is much more in
relations to the question pertaining to Muslim contributions to Indian life and culture.
Such facts which have been geared to brainwash the subject of the pupil with that of
perverted history under the long spell of foreign rule may be distorted according to the
command of the ruler and as such till date the truth has not brought forward to the surface
and is exclusively aliens to the appeasement policy generated in order to rule the
parliamentary democratic set up in our country. The mentality affects and paralyses the
traditional heritage and provide a loss to the integrity of our country. Our ancient ancestors
namely Rana Pratap and Chattrapati Shivaji Maharaj and Guru Govind Singh during the
period of Moghul rulers have not conceded with the terror and torture they used in
proselytization, it is very shameful for the independent citizens to live under the false
perception of character assassination. Thus in all fairness we may accept that although the
Britishers were more civilized but inspite of their great insight, there is the historical
blunder committed by them while writing the Indian history in relations to the authorship
of the monuments. Muslim rulers without exception were sadist yet they represent
themselves as just, kind and patrons of learning. The construction is all Hindu while the
destruction of these constructions has been done by these foreigners who were either
Muslim or Britishers. These persons were stained with all wickedness and disgraceful
conduct which is still apparent in the society and remained prevalent during a thousand
year of rampant Muslim communalism then how we can expect that they have not
demolished all the Hindu Temple and converted them with slight modification as their
monuments the township of Ferozabad, Tuglaqabad, Ahmedabad and Hyderabad are falsely
ascribed to that of Sultan though the same was belonging to our ancient Hindu Rulers. The
country in which the milk was available to every citizen without investing any money to the
extent of his requirement and consumption has now been adulterd after ruthless killings of
our cattle’s by these invaders of the public confidence actually Hinduism is nothing but our
nationalism and sooner it may be understood and practiced in such a manner, we may
seek the protection of our integrity by saving the population of the innocent citizens.
The terminology of history is derived from Greek word ‘Historia’ meaning there
by an enquiry. Since the enquiry is nothing but the same is attributed to the different
branch of knowledge. Thus the inquisitiveness is always generated in educated mind. The
history should not be guided solely on etymological terminology. The meaning of ‘Itihas’
which is a Sanskrit word leads to three terminology .The first one namely ‘iti’ means such
and such (a happening or event) ,’ha’ means indefinitely while ‘aas’ means happened. Thus
the history is chronological happening of the different event during the past period.
Our scientific inventions have now provided us a great insight to reveal the truth,
which are happening in the outer atmosphere. Since due to the technological advancement
of conducting the research regarding the authorship of the monuments built by different
Hindu rulers prior to the conquest by its invaders thus we may shift our endeavor in search
of the truth. History will always deal with those who wielded power. In Russia the czars lost
power to the proletariat, the communist party wielded all power and the Russian History of
post 1917 era would mostly talk of the proletariat and monolithic communist party. Some
of the historians have deliberately, unknowingly while some cowardicely lacked the nerve to
declare that these rulers have cheated the public in the name of Indian History. Thus the
distortion, perversion and anomalies of the misleading inaccuracies and fabrications are
required to be exposed before the masses as the minority community of our Muslim citizens
may also be enlighten that the foundation on which the Muslim invaders was dependent
are themselves non existent throughout the world. There may be the minor differences at
the beginning between the followers of a particular religion but it is undesirable for the
majority of the population that the invaders who ruled India for about one thousand years
may not be credited with the authorship of the monuments to their credit. The monuments
at Delhi, Agra, Fatehpur Sikri, Allahabad, Ahmedabad and in Naini other prominent cities
were built by Indians who constructed the Madurai Temple, Rameshwaram, Konark,
Khajuraho, Ajanta, Ellora, Dilwara Temple and mighty forts at Ranthanbhor ,Ambar,
Udaipur and Jaipur itself. This is providing and impact upon the psychology of most of the
citizens that despite the atrocities committed by foreigners like Afghans, Turks, Iranians,
Mongols, Abyssinians, Kazaks and Uzbeks, the monuments built by Hindu may still be
credited for being constructed by these invaders and as such the aggressive attitude
adopted by these persons throughout the world may get a jolt through the exposure of the
falsehood, on the basis of which the foundation of a particular religion are based from
mediaeval period.
Long slavery, paradoxically enough, makes the slave to look upon the very change
that bind him as his life support. This story was told to the convict in ancient time and who
was confined in the dingy cell for fifteen years. After fifteen year the detainee was set free
and he gingerly step out of the prison gate. His eyes, which were used to the dim light
wilted at the bright sunshine outside everything including traffic, the gazing eyes were the
strange look to the detainee and as such he felt terrified. He took a long look at the outside
world and thereafter he inhaled a deep breath and there after by a sudden dash he again
reached to his dog’s tether in the cell as his imprisonment has sapped his self-confidence.
This is what has happened in India. This feeling utter destitution, dejection, desperation
and the loss of all confidence is the result of our slavery by which the Indians have
forgotten their own past history, lost freedom and obliviousness of the delights of an
unfettered life thus it is necessary to keep the flame of the truth burning in the heart of
every enlightened citizen as the majority of the public is unaware of the truth. The glory of
our country may only be restored when our traditional heritage culture may revive every
citizen from unadulterated history. The historical concepts which were distorted during the
long period of slavery may become a task of utmost importance and urgency. An
inadequate understanding on impressionable citizen has resulted the further accessibility
in implanting the misleading concepts and there by breaking the heads and idols of the
fellow citizen due to the segmentation of the society in many composition. A true history
must atleast be written in the contemporary language and it should remain independent
from interpolation otherwise the very existence of our cultural heritage may be evaporated
from the sight of the future generation. The governor general Lord Auckland, and young
lieutenant Alexander Cunningham conceived indigenous scheme of misusing the
archaeological studies. This young Cunnigham, an army engineer had no training in the
archaeological department, he wrote a lengthy letter dated September 15, 1842 suggesting
archeological exploration in India. This letter is reproduced on page no 246 Volume 7
journal of Royal Asiatic Society, London, 1843 A.D. It discloses that the purpose of
archeological exploration in India is neither the study nor preservation of historical
monuments but to use archeology as the imperial tool to create mutual dissension and
resentment between Buddhists, Jains and other Hindu with Muslims by falsely crediting all
monuments to the authorship to alien Muslim invaders while few may be labeled as that of
being constructed by Buddhist or Jain but not by Hindu.
The indo-saranice theory of architecture is the existence of Hindu patrons in all
medieval monuments thus it is necessary that the credit must be given to such Hindu
artists who designed the monuments. It may not be given to medieval cruelty and
fanaticism adopted by chauvinistic Muslim invaders. The infidel designs on each and every
Muslim mosque and tomb reveals the tolerance of Hindu citizens who were subjected to
the cruelty and terrorism from the last one thousand years. This article does not reflect any
animosity between the different section of the society but this is a description of sum of the
thought provocating a revelation in relations to the blunder committed by the Historian on
the foundation of sacrosanct concepts. The pioneer, In English daily newspaper of Lucknow
it was observed that “The Archeological survey of India reports (brought out under
Alexander Cunningham) are feeble, inane and all but useless and the Government has
reasons to be ashamed of the majority of the volume. It appears that Cunningham planted
false Muslim cenotaphs inside Hindu building, inserted Koranic over writing on Hindu
edifices and sponsored the fabrication of documents to be given to Muslim caretaker for
conversion of the Hindu Building like Taj Mahal, Red fort, Fatehpur Sikri, Sikandara,
Etmadudullah built by Hindu rulers to the Muslim monuments. Let us begin with the
dubious instance of 230 ft. high tower called as Qutub Minar to which historian claims to
have been built by Qutuubbdin Aibak from 1206-1210 A.D. The other historian claims that
it was built by his son in law and successor Iltmash while other claim it to be built by
Allauddin Khilji. The fourth view is of Ferozshah Tuglaq while the fifth view is that all these
rulers jointly or severely built the tower. Everyone knows that there is no basis for the
above assertion. But the truth is known to the public by mere seeing the sight of Qutub
Minar that the same is having so many deity and temple adjoining to this monument.
These historians may be impeached for gross dereliction of their duty and for committing
cheating upon the conscience of the public. The truth is not amenable to all individual as
no one could dare to become vigilant enough and to collect true version about the
mediaeval township of Hindu rulers.We therefore caution the world of history not to place
any faith in Anglo-Muslim translations of Muslim lettering or documents made hitherto.
Later Percy Brown, James Fergusson, Sir Kenneth Clarke, Sir
Bannister Fletcher and Encyclopaedia Britannica orchestrated the same cunning tune of
Cunnigham. That resulted in firmly establishing and perpetuating a colossal archaeological
fraud which is being sedulously taught all over the world as profound academic truth and
is echoed in newspaper articles and telecasts for over a century. Cunningham’s suggestion
was obviously highly appreciated. Because when he retired from the army as a Major
General he was straightaway appointed the first archeological surveyor of India in 1861,as
director from 1862 to 1865 and as Director General from 1871 to 1885. Thus the historical
data based on archeological study conducted by Cunningham are scheming brain of
notorious design regarding their vagueness and deceptive notions. The archeological survey
of India was dramatically closed from 1861 to 1865 when the two assistant of Cunningham
namely J D Beglar and Carlleyle took over the charge and prepare the list of historical
monuments with fabricated historical records. Consequently persons working around the
world as the expert Muslim known as saracenic architecture in museum became the
pseudo experts unwittingly perpetuating the fraud with the people. T he historical cities
were converted to Islam and the pre Muslim edifices built according to the Vedic
architecture were vanished from existence.
The ancient Indian history is remarkable from the time of the epic of Ramayana
and Mahabharata. There are the evidence that their exists the Hindu palaces having the
creation of it by the marble and other precious stone. In the ancient time there was
sculputure based on our ethical and religious concepts. The cultural heritage was in
existence in the form of iron pillars,the mandate of the ruler on copper scripts and the
creation of the artistic image indicating civilization on the different religious temple of the
contemporary period. These were the valuable antique which were ruthlessly destructed by
the foreign invaders. The portraits of the ruler and their identification could be seen on
the rocks and coins of the relevant period which are hidden inside the earth due to the
barbaric destruction of our Hindu heritage.the prominent place of thsee heritage found are
at Mohinjaddeo ,Harrapa(Sind) ,Takshila (Punjab),Kaushambi, Sarnath, Mathura(Uttar
Pradesh), Patilaputra , Nalanda(Bihar), Rajgiri , Sanchi, Burhotra (Madhya Bharat),Agadi,
Vanvasi,Talkand and Maski(south).
There has been number of articles written by foreign visitors/delegates/diplomat
and ambassdors amongst whom Magastahenes from Domiscus (Syria) and Deoneses
(Egypt) are prominent .The descirption of the great ruler Sri Chandragupta Maurya may be
found in the writing of Magasthenes.The chinese writer Faiyan left the glimpse of
Vikramaditya period thereafter Honchong came to India and remained here for about 15
years who has described the period of Harshavardhan religious and social coordination.
Harshvardhan was the prominent ruler of our nation. At the last we may get some
description from the article of Alavruni who came along with Mohammed Ghaznavi and
examined the traditions of Hindu which are described in (Tahikate hind )
Thus the civilization at Sindh river at Harappa has got the enormous storing capability of
the food articles which were distribute by the Hindu rulers during their ‘Anustan’ in the
different part of our country .The discovery of ‘Godam’ meant for storage of the grains is
still found in Harrapa civilization which has become a part of Pakistan after th division of
our country. It is evident that the people of the contemporary period were having their
expertise in molding the copper pots for storage of the valuable herbal extracts meant for
providing the cure from the ailments. All these cultural heritage of our Hindu civilization
has not been preserved by our archeological department.
The period of destruction after reaching to the optimum heights after the
propagation of Jain religion and Buddhism, may be relate back from the period of
Ajatshatru , Nand Samrajya when Sikander invaded our country in 267 B.C. at Peshawar.
He fought a battle from King Puru near Jhelum river and due to natural calamity of
unprecedented rains ,the elephant could not provide any impact upon aggressors who were
fully equipped to fight the Guerilla battle. The defeat of King Abhishad in Kashmir was the
beginning of external invasion by the foreign invaders.
During the Maurya dynasty, the King Chandragupta Maurya who was getting
instructions from great Chanakya had successfully defeated Celucus but subsequently he
entered with a compromise with Chandragupta Maurya as a result of which Chandragupta
got eastern part of Unan namely aria , archosia , gadrosia and paronishdi.Chandragupta
Maurya subsequently married with the daughter of King of Unan. Thus our country under
the domination of the dynasty of Chandragupta Maurya was extended up to Unan to
Mysore in the south. Thus except Kashmir and Kalinga the boundary our country was
extended upto Afghanistan and Baluchistan. But unfortunately the period of Chandragupta
Maurya could not remain intact.There was the revolt at tatshila which was suppressed
during the reign of Bindusar by great ruler of our nation namely Ashoka the great .King
Ashoka fought a battle with Kalinga and in this manner the dimension of the area which
was
extended
upto
Baluchistan
was
further
extended
from
makaram
,sindh,kutch,kyauli,swat ki vally but Kashmir Nepal and Assam remained in exclusion to
the aforesaid domination.
Subsequently Great King Ashoka became the disciple of Lord Buddha and he
has started expansion to the percepts of the religion by having the affixation of the symbolic
predomination adhered with the aforesaid religion. He constructed the Ashoka pillars from
mono block of a rock .On the top of which there was the symbolic resemblance of four lion
while in midst there was a chakra comprising of 24 arches and the Bull and the elephants
scriptures were carved out in the middle of the single rock below which there was the lotus
in the downward directions. The symbolic resemblance of the lotus became a tradition for
construction of the temple. Thus we may find out that wherever the lotus is evident on any
monument with the scripture like the vegetable leafs, grapes , peacock and other religious
offering provided to the deity kept inside the temple.
The foundation of Muslim religion were based on the concepts of destruction of the
existing values prevalent amongst the Buddha and Hindu religion. Although prophet
Mohammed was himself the follower of Hindu religion he was initially opposed to existence
of other religious adomination. There was the preaching that whosoever he might be ,he
does not follow the Islam then there may be the army of Muslim followers who may terrorize
him for conversion to the Islam. In this process if there may be the use of terrorism by
showing of it the follower of other religion may loose the confrontation in the expansion of
Islamic Muslim fundamentalist then even the Kuran use to profess the aforesaid crusade.
Thus after the existence of such a drastic army of the crusaders, there was no possibility
that the other peace loving religion may still remain in existence. Unfortunately Hindu,
Jain, Buddh religion followers were dependent upon the policy of non-violence, peace and
tranquillity and under there religious philosophy the entire world is like a family of the
different ideology. Thus the beginning of the Muslim invasion in our country starting from
the time of Mohammed Bin Quasim in 712 A.D., there was the gruesome murder
committed of King Daher and thereafter his two daughters after outraging their modesty
were handed over by Mohammed Bin Quasim to his uncle namely Abdul Abbass of Oman.
However the Muslim ruler after been instigated by the daughters of the King Daher got this
Mohammed Bin Quasim death by putting him alive inside the leather of the cow for
invading the chastity of two girls prior to their offering to Sultan. This was the beginning of
destruction of our cultural heritage by these ruthless invaders. The description of it may be
seen in a book written by R.C.Mazumdar namely the ‘Arab mission of India’.
Sultan Mohammed Ghaznavi robbed Somenath temple ultimately after
invading and defeating the different Rajput rulers for more than seventeen time from the
year of 1000 to 1026 A.D. This man was the follower of Islam who destructed many temples
during his aggression. Abdul Fateh Daud ,a Muslim ruler of Sultan was so terrified that he
offered his apology to Mohammed Ghaznavi and at the same time Jaypal who committed
the suicide instead of being surrendered before Mohammed Ghaznavi, his son Anand Pal
was also defeated near Peshawar. In the sixth attack committed upon our nation by
Mohammed Ghaznavi. Anand Pal thereafter associate dthe King of Ujjain, Gwalior,
kalingar , kannuanj ,Delhi and Ajmer but due to the division in the army , Mohammed
Ghaznaviu again defeated him and thereafter the he attacked on the Palace of Nagarkot
Kingdom. These invasions started from the year of 1007 upto 1027 A.D. continued to
remain near Sindhsagar Navnandh , Yagesghwar,Barran,Mahram,Mathura ,Kalinjar and
ultimately at Katiabad due to dis integrity of the Hindu rulers. Ultimaley Mohhamed
Ghaznavi died on 30th April 1030.
The journey of Shahabuddin Mohammed Gauri started from 1176 to 1178 for the
victory of Multan and Kutch,He conducted so many attacks with the help of King of Jammu
upto 1186. He entered in Gujrat but Mool Raj the King of Anhilavada got him defeated.
However in 1191 he conquered Malinga and Shar-Hind which included the territory of
Delhi. Thus Delhi and Ajmer remained under his domination while he attacked at Kannuaj,
Chandivada (near Etawah), Gwalior and Vijana. Gayasuddin Mohammed Gauri died in
1102.
The reason for the defeat of Rajput rulers was on account of the fact, which is
exhibited by the recital of Turk aggressors that there is the survival of the fittest. There was
no morality in the Hindu army and as such they were defeated by the Muslim rulers. The
main reason for the defeat were the caste system, and idol worshipness prevalent at the
relevant time. The intellectuals were side tracked and the society was divided into many
segmentation in which Kshatriya only were considered to be the fighting class amongst the
Hindus. The citizens were having the orthodox feeling and they were very much living
under the domination of superstitions. This was the reason that the Hindus were subjected
to the cruelty by the foreign invaders.
Kutubuddin Aibak appointed a Muslim governor upon Ajmer. He expanded the
territory of Mohammed Guari to Meerut, Jhansi, Kol and Runthambor. He converted many
temples into Muslim Mosques at Gwalior and Anhilvada. Bengal was invaded by
Bakhtiyaruddin Khilji at the time of Kutubbuddin.
There were many rulers namely Aalathmus , Razia Sultana, Naseeruddin Mohammed,
Tuglaq Khan, and ultimately Jalaluddin Khilji came to the power. But his real nephew and
son-in-law Allauddin Khilji trapped him and killed as a traitor. He committed the murder of
Jallaluddin’s sons namely Aktali khan and Rukunniddin. This Allauddin after getting his
enemy killed became the ruler to control the governance of the occupied territory. There
was the stability in respect of the price of food grains. The cow was sold at one by third cost
of the goat during his period. However Alluaddin died in the year of 1316 A.D.
The starting of Gayasuddin Tuglaq and after his death one Mohammed Tuqlaq who was
called as a symbol of many contradictions at the same time he was intelligent and cruel
while on the other hand he was a religious and lunatic but he was called as unfortunate
idealistic who shifted his capital from Delhi to Devgiri at Daulatabad .The successor of
Mahmmaed Tuglaq was Feroz Tuglaq who developed the government farm and made the
invention for the rotation of the crops. He converted many Hindu monuments and all these
monument description is described at Fatauath- e-ferozshahi .The cities were known as
Feroza,Ferozabad,Hissar,Jaunpur and Fatehabad during his time period. He created a
army of the slaves comprising of about one lakh eighty thousand people belonging to the
inhabitant of the same place where he was the conqueror. After the end of Tuglaq dynasty
the Taimur dynasty completely vanished the remains of Tuglaq rluers. However soon the
Taimur dynasty appointed Khijr Khan as there represntative who created Syed regime.It
has been said by the great German philosopher Gete that the success and the defeat are
the part of the same coin as the joy and sorrow are reactionary and the unity is disintegrity
are the reflections of the same quality. This was also the reason that after Mohhamed
tuglaq there was the extinction of Muslim dynasty and there was the beginning of hindu
rulers at Vijaynagar.
Hindu Religion was based on diversity of different caste, Creed, Sects and
Multiplicity of Religion
The correspondent of BBC, London Times, Derspegel , New York Times ,Washington
Post ,Christian Science ,Monitor Times and ‘life’ weekly’s continue to misrepresent these
Hindu Building as that of Muslim origin. The freedom of expression continues to ruthlessly
suppress the truth about these historical buildings belonging to the pre-Muslim origin.
These Historian have meticulously calculatively kept their readership ignorant regarding
the truth of pre–existing palaces and temple prior to declare them the building as Muslim
monuments. Now our government has provided the restriction for taking even the
photograph of the prominent historical buildings in India under the guise of archeological
department as to maintain the status quo regarding the falsehood created by the historian
and to avoid the alleged animosity between the majority class of the Hindu with the
minority Muslim. It has been revelaed by Encyclopaedias Islamia that the Arabia itself
obliterated all its past history by destroying image before the foundation of Islam. The
origin of Kaba which is the central shrine is in itself a Hindu temple surrounded by huge
shrine consisting of 360 HIndu images belonging to Indian king Vikarmaaditya who
founded them in 58 B.C. Even the word ‘Allah’ Is a Sanskrit. Word signifies “Mother or
goddess“ while mekha in Sanskrit signifies a sacrificial fire of Vedic worship prevalent
during the pre Islamic days. The monuments have not only been destroyed in the peninsula
of arvasthan belonging to King Vikramaditya, which was captured by the Arabian during
the Islamic invasion. The intriguing aspect of regarding the existence of Shivalinga in Kaba
shrine in Mecca is well known as sungay aswad that is black stone.
The poetic composition of pre Islamic Arabian poets kept in famous library called as
Makahtab-e-Sultania in Istambul in turkey contains the biographic details of these pre
Islamic construction while the second part embodies the period beginning just after
prohphet Mohammaed upto the end of Vanee- umaya dynasty resembling the Sanskrit
name of Krishnayya voice. There has been a big signboard few mile away from Mecca
banning the entry of any non Muslim in the area. This signboard signifies the period shrine
was stormed and captured by the invader having their faith in Islam. The same position is
visualized at Azmer sharif where there is still the covering over the Shivalinga for which the
Islamic follower are strictly providing the vigilance as it may not be disclosed the existence
of the Temple of Lord Shiva. Thus it be go on searching the different historical facts with
the open eyes we will find that there are ample evidence to deflate the indo- saracenic
architecture theory bubble.
Iron Pillar near the Qutub Tower
The iron pillar bearing a Hindu inscription has been standing un-rusted through
rain and shine for milleniums beside the so–called Qutub Minar amidst the surrounding
temples battered by Muslim hordes. Qutubuddin could never have brought piles of material
and dug a sprawling foundation for the stone tower called (Qutub) inside the narrow
confines of surrounding temples and other building work. Dislodged stones bearing Hindu
images on one side and Arab lettering on the other found the so called Qutub Tower also
prove that Muslim conquerors staked false claim to Hindu monuments through sculptural
forgeries.
Kutub Minar
This 238 ft. tall tower euphemistically called
Kutub Minar was erected by King
Vikramaditya for astronomical observation centuries before Islam was even founded.The
adjoining township called Mehrauli is the corrupt form the Sanskrit term Mihira-Awali
meaning the Mihira township. Mihira was Vikramaditya’s royal mathematician-cumastronomer-cum meteorologist.Even the Arabic term Kutub Minar signifies an astronomical
tower.Kutub and Kutubuddin was a subsequent unwitting mix-up. Around the tower were
27 constellation temples which Kutubuddin’s inscription vaunts to have destroyed.The
tower too has 27 flutings. Near the first storey ceiling are 27 holes one in each is likely.
True to the significance of the term Kutub, this Tower’s entrance faces due north.
Quwat-ul-Islam Mosque
Turned into a mosque called Quwat-ul-Islam
the rows of ornamental pillars of this
monument by the side of the so called Qutub Tower are a clear proof of its having been a
Hindu temple. No genuine mosque has ever such pillars lest reciters of Namaz standing and
bending with half-closed eyes inadvertently break their heads against them.
Nizam-ud-din Tomb
The ornamental Hindu style pillars in the white marble structure turned into Nizamuddin
Tomb. The arch on the right and parts of arches visible on either side of the dome are clear
proof that this haphazard conglomerate of heterogeneous buildings was a part of an ancient
Hindu township stormed by invading Muslim armies. Fakirs like Nizamuddin following in
their wake used to take up residence in the ruins of battered buildings for preaching Islam
to terrorize ‘infidels’. On their death they used to be buried in the ruins where they lived.
That is why tombs like those of Nizamuddin and Bakhtiar Kaki in Delhi, Salim Chisti in
Fatehpur Sikri and of Moinuddin Chisti in Ajmer present a mix-up of Hindu structure
devoid of any coherent plan. Around the Nizamuddin tomb in Delhi are fanciful halls
called Chausath Khamba, crumbling walls, bastions, towers, decadent graves, cellars
,plinths and cornices which are remnants of the stormed Hindu township still remembered
by the term Keel-Ukhri(Kilokri). Keel used to be the central pillar erected when a Hindu
township was planned. Since it got up-rooted in the Muslim assault that area came to be
known as Kilokri.
So called Humayun’s Tomb
Just about half a mile away from this building known as Humayun Tomb is the narrow
staircase from which Humayun the second generation Moghul emperor fell, in Delhi. He
was carried to his palace say contemporary chronicles. This was the palace he was carried
to and it was there that he died a few days later. He was buried in the central chamber
where he lay ill as has happened throughout Muslim history in India. This solves the
tantalizing riddle why we have tombs but apparently no palaces of luxury-steeped pleasureseeking alien potentates. This monument still forms part of Jaipur Estate in Delhi. It is
surrounded by ruined walls, annexes, guesthouses and guardrooms. An arcade of arches
leads to it. Close-by is a huge annexes euphemistically called Arab-ki-Serai deriving its
name from the times that invading Arab hordes encamped in it .The entire grounds are
littered with graves of invading Muslim soldiers slain by Hindu defenders. Before being
turned into a tomb Humayun as a usurper lived in this sprawling Hindu captured palace
which was the focal point of the ruined township since known as Kilokri. The nearby ruins
in which Fakir Nizamuddin lies buried were a part of this huge Hindu citadel.
Roshanara Garden
This is believed to be the tomb of Roshanara, the daughter of the last powerful Moghul
emperor Aurangzeb. Note that it has neither domes nor minarets. Instead it has ornamental
pillars, Hindu arches and cupolas. Very parsimonious and hardhearted as the Hindu-baiter
Aurangzeb was he would hardly spend any money on a Hindu style resting-place for his
daughter’s corpse. Obviously, therefore, this is a usurped Hindu garden palace
commandeered to serve as a tomb as was usual in those times.
Fatehpuri Mosque
This so called Fatehpuri Mosque at one end of Delhi’s crowded Chandni Chowk highway
was a pre-Muslim Rajput temple of the city’s guardian and royal deity Lord Shankara alias
Eklingaji.
Its entrance arches have the Hindu stone flower emblems on either side of the apex. The
word ‘Fatehpuri’ means a conquered (Hindu) township. The marble slab on the red-stone
entrance proclaiming it to be a mosque is evidently as interpolation. The monuments,
arches and pillars and cupolas are entirely of Hindu Rajput style. The so called mosque’s
rental revenue is all derived exclusively from Hindu shops swarming its fringes. This proves
that while the stalls remained with the Hindu their temples fell a victim to conquest and
conversion.
Mausoleum of Safdar Jang
This so called Safdarjang tomb in Delhi was an ancient Rajput palace which devolved on
the Muslim aristocracy through conquest .It has an ornamental Rajput style gateway and a
protective wall with watch-towers and bastions which are superfluous for a genuine tomb.
Safdarjang, an ex-chief Minister of the Nawab of Oudh had been disgraced and dismissed
prior to his death. Who would foot the bill to build a palace for an unemployed deceased
nobleman’s corpse? A little prodding with two sharp questions brings down the entire
illusory structure of tall Muslim claims to Hindu building-work. We ask that if Safdarjang’s
corpse could afford such a stupendous palace he should have had at least ten palaces
when living. But there is none. The other question is that if his heir and successor built
this palace for the corpse of the deceased Safdarjang the former must himself have had
tens of palaces in Delhi. But he too had none. Our answer to this riddle is that Safdarjang
and in fact all alien Muslim rulers and noblemen were buried in their own palaces.
Diwan-I-Khas,Red Fort ,Delhi
Contrary to popular belief the Red Fort in Delhi is a very ancient structure. Prithviraj used
to stay in this Lalkot (red palace). Saffron and ochre are colours sacred to the Hindus, but
avoided by Muslims The main highway of Delhi known as Chandni Chowk connects the
Red Fort with the royal and guardian deity’ temple now turned into Fatehpuri Mosque.
Around this axis was built Old Delhi protected by a massive wall .According to Akbarnama
and the Agni Purana, Delhi was built by the Hindu King Anagpal around 372 A.D. before
founding of Islam.
Agra the Taj Mahal
This symphony in marble was a royal Hindu palace. Its very name Taj Mahal signifies
nothing more or less. Its octagonal shape and the cupolas and four towers at the plinth
corners are all Hindu features. Havell, the English architect has all along stressed that the
Taj is an entirely Hindu structure in design and execution. The four towers used to sport
multi-coloured lights. The Taj precincts are a huge building complex encompassing over
three hundred rooms. The locality was known as Jaisinghpur.
The Marble Screen at the Taj
This ornate marble trelliswork entirely in the Hindu style now encloses tow tombs believed
to be those of Mumtaz and Shahjahan .The network was stuffed with rare gems. Traditional
accounts tell us that this enclosure had silver doors and gold railings to boot. Even
Shahjahan’s and Mumtaz’s palaces never boasted of such fabulous fixtures when the pair
was alive and kicking from the imperial throne. How come then that when Mumtaz
died(1630 A.D.) all this wealth descended on earth all of a sudden. Far from that this
expensive and resplendent enclosure was made to house the dazzling Hindu peacock
throne that throne, wrongly credited to Shahjahan, came to his possession when he
dispossessed the Taj Mahal’s last Rajput owner Jai Singh of this fabulous ancient Hindu
palace.
The Gateway of Taj
The gateway leading to the Taj garden is like any other Hindu gateway tallying in every
detail with those of other forts and palaces depicted. The tiny domes over these gateways in
a row invariably make an odd figure like 5,7,9, or 11,since in Hindu tradition the odd figure
is preferred to the even. For instance donors give away 101,501,1001 rupees but never an
even figure .
Delhi Gate, Agra Fort
This gateway of the Red Fort Agra is entirely in the traditional Rajput style. Like many
other Rajput forts this too had elephant images flanking it. Emperors Kanishka and Ashok
made use of this fort in the pre-Christian era. All its interior apartments too are of the
exclusive Rajput variety. The version which ascribes authorship of this fort to Akbar, is a
piece of court flattery. All its gateways have Hindu names. In addition to elephant images
this fort had images of Rajput horses.
Anguri Bagh ,Agra fort
The Anguri bagh pavilion inside Agra fort proves that the geometrical pattern garden has
Rajput origins. Note the arches, the pillars, the brackets, the cupola at the right, the curved
ceiling partly visible adjoining the cupola, which are all Rajput characteristics.
Golden Pavilion, Agra fort
The cupola in the top left hand corner, the curved roof and the spikes on it vividly depicts
that this Golden Pavilion in Agra’s Red Fort was built by the Rajputs for the Rajputs.
Diwan-I-Aam, Agra fort
The so called Diwan-I-Aam or hall of public audience inside Agar fort has neither domes
nor minarets. Its graceful arches and slender pillars is still the pattern for Hindu pandals
raised for auspicious ceremonies. Muslim tradition has always avoided such Hindu, ‘infidel’
patterns. Theirs are grotesque, tortuous shapes. The Red Fort in Delhi too has an identical
pavilion.
Statue of Akbar’s Horse
This replica believed to be of Akbar’s horse is in fact an earlier Rajput horse. Akbar, a
Muslim ordered no statues. Rajputs were known to erect elephant and horse statues. Those
slyly attributing the construction of Agra Fort to Akbar had willy nilly also to thrust upon
him the erection of ‘infidel’ statues.
Statue of Amar Singh’s Horse Outside Agra Fort
This horse head belongs to pre Muslim times. It commemorates a brave steed. There were
ever so many Amar Singhs in Rajput history. The invented story that this replica is Moghul
wrought and is of the horse on which Amar Singh galloped away in a huff from the Moghul
court takes for granted that the lay visitor has hardly the time or the necessary grounding
in history to debunk such canards.
Tomb of Sadiq Khan
This truncated corner tower cum-bastion of a demolished Rajput palace standing in
splendid isolation was later used to shelter Sadiq Khan’s corpse. That should not, however
blind visitors to the fact that this monument was part of a Rajput palace. Its niches, the
arched entrances and the upper floor all show that it was meant to be a place for the living.
Jahangiri Mahal, Agra fort
The entrance to the so-called Jahangiri Mahal inside Agra fort is of the typical Rajput
design and workmanship. Usurpation and centuries of occupation resulted in Moghul
names being given to earlier captured Rajput buildings. Gullible Western Scholars lacking
indigenous insight perpetuated the myth of Muslim authorship of buildings misled by their
names and latest associations. They hardly cared whether a building was attributed to a
Fakirchand or a Fakir Mohammad.
Jama Masjid,Agra
All so called mediaeval Jama Masjids in India were earlier main (Jama) temples of the town.
This so called Jama Masjid in the centre of Agra was a Rajput citadel with ladies
apartments and an underground passage to the fort. It has a huge basement too.
The inscription crediting its construction to Jahanara Begum is an interpolation.
Jahanara an unmarried lady who spent her sorrowing life in the smothering confines of the
Muslims purdah nursing her imprisoned and deposed father Shahjahan, had hardly any
money left with her. Even for two square meals a day she was at the mercy of her wily and
hardhearted brother Aurangzeb.
Salim Chisti Tomb,Fatehpur Sikri
This so-called Salim Chisti tomb in Fatehpur Sikri is clearly an ornate Rajput temple. Note
the two round stone flower emblems on either side of the arch, and the curving brackets. In
the right background is the typical Rajput gateway capped by cupolas. The lotus shaped
fountain base in the foreground tank is also reminiscent of Rajput ownership.
This ornamental pillar Pillar supporting Akbar’s Throne in Diwan-I-Khas with a narrow
circular perch on top approached by four stone-slab bridges in Fatehpur Sikri could as well
have been a royal Rajput bathroom while concocted Akbar legends claim it to be a throne
room. But throne rooms in Akbar’s time were not as tiny as a Pigeon house.
Hiran Minar,Fatehpur Sikri
This so called Hiran Minar infront of the Hathi Pol gate of Fatehpur Sikri is falsely calimed
to mark the burial of a pet deer(Hiran) of Akbar .We ask whether th edeer had whispered a
dying wish in Akbar’s ear to be commemorated with a fat Hindu temple lamp post? The
bristles were used to support oil lamps Such pillars are common infront of Hindu Temples
and palaces.The spiralling staircase inside leading to the cupola on top remins one of the so
called Kutub Minar in Delhi which have proved to be of Hindu origin.This tower was known
as ‘Hiranmaya’ since it sparkled like gold when it bristled with flames of hundreds of lamps
hung on it. That Sanskrit word has been deftly twisted to be stuffed into the concocted
Akbar legend.
Buland Darwaza, Fatehpur Sikri
This towering gateway in Fatehpur Sikri is currently known to us as Buland Darwaza.It is a
typical Rajput Township. The stone flower emblems flanking the arch are an unmistakable
sign of its Hindu origin. The three big cupolas and the 13 tiny ones in front in a row on the
terrace front are of the exclusive Rajput design. The slender pillars spiked at the top were
used for hoisting flags. Such pillars are a part of almost all-mediaeval Rajput monuments.
The stone flower emblems are invariably present on all Hindu homes and temples of the
orthodox design, while they never exist on genuine mosques.
Itmad-ud-Daulah’s Tomb
This interior mural decoration in the so called Itmad-ud-Daulah tomb ,Agra is no different
from that found the pre-Muslim Ambar palace in Jaipur,which proves that the building
was an earlier Rajput palace.
So-called Akbar’s Mausoleum at Sikandra
Every arch, supporting brackets and capping cupola of this mansion consisting of pile
upon pile of pavilions proves to the hilt that it was a Rajput palace. Euphemistically called
Sikandra ever since Sikandar Lodi a Pathan ruler lived in it, this mansion six miles to the
north of Agra is known to posterity as Akbar’s tomb. Akbar lay ill and died here.
Gateway Sikandra
This is the majestic gateway to Sikandra Palace. The mansion inside was turned into a
tomb after Akbar’s death. It was built by the Rajputs centuries before Muslim invaders
launched on a career of vandalism and usurpation. The four towers rising above the
gateway are replicas of the Taj Mahal towers. The mosaic flooring of the mansion has the
esoteric Hindu Shakti-Chakra (interlocked triangles) inlaid in it by the dozen. Muslim
funeral rites admit of no such design.
Salabat Khan’s Mausoleum,Agra
This Salabat Khan’s mausoleum is a truncated Rajput pavilion allotted to Khan for his
residence.On his death he was buried there.
Ganesh Pol Ambar Palace,Jaipur
It was built around 984 A.D.,it had obviously no Muslim influence. the gates of all extant
mediaeval monuments in India are similar to the Ganesh Pol. Gates of Mosques and tombs
in west Asian countries are also of identical design. This proves that far from Indian
mediaeval monuments having being designed or ordered by Muslim potentates and
craftsmen, it was West Asian monuments, which were designed and executed by Indian
technicians as recorded by Mohammed Ghazni and Taimurlang.
Incidentally it may also be pointed out that the recorded fact of Mohammed Ghazni
having been buried in his own palace in Ghazni(1030 A.D.) also proves that all so called
Muslim tombs whether in India or in West Asian countries are usurped palaces which they
occupied during their life times.
Shish Mahal Ambar
This Shish Mahal inside the Ambar fortress in Jaipur was built (about 984 .A.D.) centuries
before the founding of Muslim Kingdoms in India. Its ornate inlay work is no different from
that in what are believed to be mediaeval Muslim mosques and tombs. It proves two things;
firstly that the so-called tombs and mosques were of Rajput origin and secondly that they
were intended for the living not for the dead.
Palace Garden Ambar
This pavilion and the garden in the Ambar Palace with its spiked and curved roof, the
graceful Hindu arch and the geometrical design in the foreground is typical of all mediaeval
buildings. Ambar which lies three miles away from modern Jaipur, was founded not later
than 984 A.D. That was much before alien Muslims established their principalities in India.
Readers not acquainted with legal procedure might then ask as to whether there is any
documentary evidence available to prove that the fort was built by the Hindus in the prechristian era. The answer to this is that the immense Hindu evidence that existed in the
form of Hindu idols, inscriptions and documents in the archives of ancient Hindu kings was
all looted and destroyed when Mohammad Ghazni first raided the red fort in the early part
of the 11th century and again when the fort remained under continued Muslim occupation
from 1526 to about 1760 A.D. If the owner of a building is forced out of his mansion and
the aggressor remains in occupation for several centuries will the owner find his record
intact on obtaining possession of his mansion after several centuries?
There is thus a valid reason why Hindus are not in a position to produce any
documentary evidence with regard to the Hindu origin of fort. Even then we maintain that
if a systematic archaeological excavation is undertaken inside the fort and if its dingy
cellars and basements are opened and scoured they may still reveal Sanskrit inscriptions
and idols smashed and buried by Muslim occupiers. In fact whatever little and excavation
has been made has resulted in the recovery of horse and elepahnt statues. Yet taking
things as they stand any court of law will uphold the plea that Hindus have a valid reason
for not being able to produce any documentary proof.
The court will then ask the Anglo-Muslim school to produce its documents. That school too
has not got even a shred of a document to prove that any one ot more Muslim rulers built
or rebuilt the fort. A hazy mention to that effect in a court flatterer’s chronicler is no
documentary proof. It is like you or we noting in our diaries that we built the Houses of
Parliament in London.
There is no valid reason why Anglo-Muslim school should not be able to produce even a
single document pertaining to the Muslim claims to the fort. Had the claims been true such
documents should have been available in plenty because when the British deposed the
Mogul emperor they preserved and carefully classified all the documents they seized form
the mogul archives. Those records contain hardly anything but letters.
When the Anglo-Muslim school is unable to produce even a single document in support of
its claim any law court would draw an a priori adverse inference. Even then we claim no
special advantage form this fundamental weakness in the case of the respondent AngloMuslim school. In ordinary life there are very many occasions when documents are not
available on either side and yet there is overwhelming circumstantial evidence on the basis
of which the court can come to a clear judgement over the rival claims.
Its is such circumstantial evidence which we propose to lay before the bar and bench of
learned public opinion:
38. 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.
39. 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.
40. 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.
41. 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.
42. 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.
43. 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.
44. 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.
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.
8.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.
9.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.
10. Despite several centuries of Muslim occupation and canards of Muslim authorship
all the fort’s Hindu associations are intact. This is something remarkable.
15. 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.
16. 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.
17. 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 ,conquereors,usurpers.I
18. 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.
The great Kshatriya community pride to defend their faith and the culture of our country
against foreign invasions in converting the monuments by the foreign invaders require a
sacrifice magnanimity an moral purity in the exposure of the truth to the public and
thereby to safeguard their right of freedom of information couched under Article 19(1) (a) is
the theme behind the writing this Article .The serene beauty, majesty and grandeur of the
Taj Mahal, one of the seventh wonders of the world is not so well known regarding the true
story of its origin. The magnificent palace which was built earlier got converted into the
Tomb .The changeover has proved a shroud deluding from lay visitors to the researchers
and the great historian Sri P.N.Oak, a co-worker of Netaji Subhash Chandra Bose. The
popular nostalgia of legendary love to get the conversion of every Hindu Palace/Temple due
to mythical attachment from fanatic raging fire converting dazzle of leaping flames and
blinding smoke should be discouraged into a cool research regarding the origin. This is
required to check a different form of terrorism prevalent amongst the crusader of the death
to the innocent victim on the psychological level. Let us examine the scared truth about the
origin of the monuments.
The meticulous inquiry into the matter through the coherent and authentic
account .The exposure of the falsehood is always reconcilable with the historical event and
thus the burden of proof is always lying upon the individual denying the existing facts. The
onus will be shifted upon the authority when inconsistent anomalous and contradictory
versions about the origin of Taj Mahal may be scientifically tested upon the yardstick of the
truth. Let us begin with Badshahnama, a Shahjahan’s chronicle which discloses that the
cost of scaffolding exceeded that of the entire work done regarding Mausoleun. Mr Narul
Hasan Siddiqui book that a Hindu Palace was commandeered to bury Mumtaz in which
Shahjahan’s fifth generation ancestor Barbar lived in Tejo Mahalaya. All these facts are to
be examined through the scientific methods in order to expose the false propaganda that
the Mogul invaders have not given any contribution for building the monuments. We may
further examine that the mythical indo Saracen architecture medieval mosques and tombs
in India were built or conquered and misused by the invaders the number of such
monuments may include Mohammed Ghaus ‘s tomb in Gwalior,Salim Chisti mausoleun in
Ftahepur Sikri,Nizzamuddin Kabar in Delhi ,Moinuddin Chisti’s Makbara in Ajmer ,Red fort
Shicundera Etamatudaula at Agra, Jama Masjid ,Red fort Delhi, Kutub Minar in Delhi
and Sufdarjung. The disputed site of Lord Krishna temple Mathura and Vishwanath Temple
at Varanasi may also be examined not only to resolve the controversy but also to curve out
the animosity among the citizen in India on the ground of the religion.
The extract of Badshahnama may be examined after getting them translated form Persian
passage in the English rendering. On page number 403 of Badshahnama it is admitted in
verse 26 to 33 that Huzurat Mumtazul Zamani whose sacred dead body was buried in
Burhanpur in a garden was brought from 600 miles after six months and transported to
Agra(Akbarabad). In the south of the great city there was a palace of Raja Maan Singh
which was owned by Raja Jay Singh known as Tejo Mahalaya(The temple of Lord Shiva
/Teji ji) And this place was selected burial of the Queen for which the great ancestral
heritage ,religious sanctity was associated with Raja Jai Singh who was compensated by
offering the government land.Thus a palace was converted in a dome, handy readymade
Mausoleun.The authority of Badshahnama is the first proof regarding the existence of the
temple at the time when Huzurat Mumtazul Zamani was buried. The similar treatment
were given to the different Hindu palaces and temples by converting them at as Mausoleun
of Akbar at Secundara and Humayun in Delhi and the Vishnu temple to Kutub Minar by
overbearing Muslim fanatic potentate specially when these monuments were constructed
by Hindu Rulers.
One great tragedy of Indian history has been that while Indians remained subdued and
gagged under alien domination for over a millenium foreigners who wielded all power in
India played great havoc with Indian history merrily destroying or distorting it at will either
out of sheer cunning and cussedness or through their colossal ignorance and wanton
barbarism.
In that process all mediaeval buildings which came under long Muslim occupation came to
be misused as tombs or mosques. And in course of time, thanks to alien chauvinism, court
flattery and fanatic cunning ,all ancient Hindu townships and building got ascribed to
Muslim authorship. Thus with astounding historical naivete Ahmedabad was, by its sheer
name, assumed to have been founded by Ahmedshah ,Tughlaqabad by Tughlaq Shah and
Ferozabad by Ferozshah .
If one is to be guided by such puerile logic and shallow historical scholarship then one will
have to conclude that the city of Allahabad in the state of Uttar Pradesh must have been
founded by the Muslim God Allah himself. This is with regard to mediaeval townships. But
even for mediaeval buildings the same nonchalant, nondescript method is followed. Thus it
is blatantly stated that if a building is known as Salimgarh it must have been built by or for
Sheikh Salim Chisti (emperor Akbar’s fancied spiritual preceptor ) or Prince Salim (Akbar’s
heir apparent)or some other Salim. Likewise if a building is called Jahangiri Mahal it is, by
that very token insisted that it must have been built by Prince Salim after ascending the
throne as Jahangir. Such superficial derivations and conclusions about authorship make
nonsense of all historical research methodology.
During nearly 1100 years of alien rule in India most of her history has been
distorted or destroyed. All massive, majestic and alluring historic Hindu
constructions in India ,from Kashmir to Cape Comorin ,have got ascribed to
alien Muslim invaders such as Turks, Afghans,Iranians ,Arabs, Abyssinians
and Moguls out of sheer usurpation or conquest. Such misappropriated
constructions include forts, palaces, mansions, sera’s, roads, bridges, wells,
canals and even road- side mile-pillars. Misuse of a colossal number of Hindu
temples, palaces and mansions as tombs and mosque for several centuries
has misled many generations of the publics, tourists, students and scholars of
history all over the world into believing that those buildings were originally
commissioned by the Muslims.
The intelligentsia of Hindusthan has been somewhat slow in assimilating that finding is a
measure of the havoc that history causes in the minds of a subject people by making it
impervious even to logic and legal proof. While warrior -patriots like Rana Pratap and the
great Chhatrapati Shivaji spill their purple blood to emancipate the land and its people
should it not be the patriotic duty of historians to spill at least some blue-black ink for an
academic re-conquest of occupied buildings falsely ascribed to alien conquerors?
The so called Imambadas in Lucknow for instance are ancient Hindu places which are
being merrily ascribed to this or that alien Muslim nawab who subjugated that part of
Hindusthan.
There was E.B.Havell,a great architect and one endowed with deep insight. Havell has
debunked the claim that the Taj Mahal is the product of any non-Hindu architectural style.
In discussing the architecture of the Taj Mahaland the claim of some historians that an
Italian named Veroneo may have been its designer, Mr. Kanwar Lal quotes Mr.Havell thus:
“So if Veroneo was so deeply versed in Indian craft tradition that he could design a lotus
dome after the rules laid down in the Shilpa Shastras ,the dome itself ,built by Asiatic
craftsmen would not have been his. The dome of Taj at Agra and the dome of Ibrahim’s
tomb(in Bijapur) both are constructed on the same principles. They are nearly of the same
dimensions, and a fact unnoticed by Fergusson and his followers , the contours of both
correspond exactly, except that the lotus crown of the Taj at Agra tapers more finely and
the lotus petals at the springing of the dome are inlaid instead of being sculptured. The Taj
Mahal is, infact, exactly such a building as one would expect to be created in India …by a
group of master builders inheriting the traditions of Buddhist and Hindu buildings. The
plan which consists of a central dome chamber surrounded by four small domed chambers,
follows the plan of an Indian pancharatna ,or “five jewelled” temple. Its prototype as have
shown elsewhere is found in the Buddhist temple of Chandi Sewa in Java and in the
sculptured stupa shrines of Ajanta. Neither Shahjahan nor his court builders, much less
an obscure Italian adventurer can claim the whole merit of its achievements.
How very clear is Mr.Havell in his assertion that the Taj Mahal is built in the ancient
Indian, Hindu style and none of Shahjahan’s contemporaries could design or conceive of it.
We regret that Mr.Havell was unaware of the admission in Shahjahan’s own official
chronicle, The Badshahnama, that the Taj Mahal is an ancient Hindu mansion. Had that
confession come to light in his time he would have rejoiced to find his architectural
conclusion fully corroborated by history, and he would then have been acknowledged as an
authority on Indian architecture far superior to Percy Brown or Fergusson.
Like all other so called Muslim tombs i.e. Hindu buildings used by them first as residences
and later as burial places the Taj Mahal too is not a single tomb but an ancient Hindu
mansion reduced to an Islamic burial ground. Besides Mumtaz, Shahjahan himself lies
buried by her side. But that is not all. There are two other graves in the same precincts.
Mr Kanwar lal (P. 69 The Taj by Kanwar Lal ,ibid.) observes . “At the other end of the
Jilokhana, towards the east there are again two buildings These are the tombs of Satunnisa
(Khanam) who was a favourite attendant of Mumtaz Mahal and who was entrusted with the
task of looking after the temporary tomb of Mumtaz Mahal at Burhanpur. Similar is the
tomb of Sarhandi Begum, another of Shahjahan’s queens. The two structures are built
exactly the alike.”
The Satunnisa Khanam’s tomb consists of a high octagonal plinth, round a central
octagonal mortuary chamber. That Taj is based on good authority, but the special
assignment to her of this particular tomb has no better foundation than popular belief.
That shows that like every other detail about the Taj Mahal legend even the Satunissa
Khanam tomb is a concoction. All such tomb like mounds were erected in usurped Hindu
mansions so that Hindus may not reclaim and re use those buildings. The Muslims knew of
the Hindu weakness of not disturbing or reclaiming sepulchral sites. So, erecting false
oblong grave like mounds was like posting a strong military contingent or planting a
scarecrow, which cost practically nothing. It was a simple device a strategic totem to claim
Hindu buildings for Islam and it worked admirably.
It is sometimes innocently asked by history teachers that if the Taj Mahal had existed
centuries before Shahjahan, how is it there are no earlier references to it. There are three
answer to the question. Firstly, the Taj Mahal being then the palace and not the monument
open for public inspection as it now is, used to be closely guarded. It was accessible only to
the elite and then only on invitation or conquest. As such one cannot except the same
prolific references to it as a tourist attraction that one comes across in these days of
publicity and modern communications. The second answer is that ancient and mediaeval
India teemed with mansions, palaces and temples of bewildering and bewitching variety, so
much so that being all very spectacular, one could not be distinguished from another by
mere description. Despite such very good reasons for not expecting any identifiable details
in earlier records of what is at present known as Taj Mahal, luckily, Babur, the founder of
the Moghul dynasty in India, who was the great great grandfather of emperor Shahjahan,
has left us a disarming and unmistakable description of the Taj Mahal, if only we have the
inclination and insight to grasp it. So our third answer to the question why no mention is
found in earlier chronicles of the Taj Mahal and other buildings is that though many a time
there is a clear mention of such buildings, our senses benumbed by traditional tutoring fail
to grasp their significance. Such is the case with the Taj Mahal.
The rampant corruption was prevalent during the Mogul time and there were large
percentage of unauthorized profits of innumerable middle men thus there was no money to
raise a cenotaph in the ground floor in octagonal chamber by covering them with costly
mosaic stones to match with the palace flooring and barricading the hundred of rooms,
ventilators staircases, doorways, balconies and corridor. There exist a seven-storey marble
Tejo Mahalaya Hindu temple palace complex. The seven storey massive girth in its lofty
gateways and arches necessitates the removal of stone pitching and as such Badshahnama
discloses the expenditure incurred in scaffolding of these Hindu complexes and in
engraving the Koran on the walls of edifice. The great French merchant visitor Tavernier
testimony too fully corroborates the aforesaid conclusion. Let us examine his testimony
introduce in Maharashtreeya Jnyankosh. “Jean Baptiste Tavernier, a French jeweller,
toured India for trade between 1641 and 1668 A.D. His travel account is mainly devoted to
commerce. He used to sojourn at Surat and Agra (while in India). He visited all parts of
India, including Bengal , Gujrat ,Punjab, Madras , Karnatak, etc. He owned a vehicle .He
had to spend Rs. 600 for the cart and pair of bullocks. ‘The bullocks used to cover 40 miles
a day for two months at a stretch. Four days were enough for the journey from Surat to
Agra or Golcunda and the expense used to be between Rs. 40 and Rs.50. The roads were as
good as Roman highways. European traveler’s felt inconvenienced in Hindu territories for
want of meat, which was freely available in Muslim dominions. A good postal system was in
vogue. Both the town –folk and the government used to provide protection against highway
robbery’…is the kind of information Travernier has recorded (in his book titled Travels in
India). Not being learned, he has not recorded much except where wealth and commerce
was concerned.
The other important piece of evidence arises from some chance digging
conducted in the Garden in front of the marble edifice early in the year 1973 A.D.It so
happened that the fountains developed some defect .It was therefore thought advisable to
inspect the main pipe that lay imbedded underneath. When the ground was dug to that
level some hollows were noticed going down to another five feet. Therefore the ground was
dug to that depth. And to the utter surprise of all there lay at that depth another set of
fountains hitherto unknown. What appeared more significant was that those fountains are
aligned to the Taj Mahal, decisively indicating that the present building existed even before
Shahjahan. Those hidden fountains could have been installed neither by Shahjahan not his
successors, the British. Therefore they were of the pre-Shahjahan era . Since they were
aligned to the Taj Mahal building it followed ipso facto that the building too pre-dated
Shahjahan. This piece of evidence too therefore clinches the issue in favour of our
conclusion that Shahjahan only commandeered an ancient Hindu temple –palace for
Mumtaz’s burial.
The archaeology officer who supervised that digging was Mr.R.S.Verma, a conservation
assistant. This same official made another chance discovery. Once while strolling staff-inhand on the terrace near the so-called mosque and the circular well on the western flank of
the marble edifice. Mr. Verma detected a hollow sound coming from below the floor where
his staff hit the terrace. He had a slab covering that spot removed and to his surprise that
was an ancient opening, apparently sealed by Shahjahan, to a flight of about 50 steps
reaching down into a dark corridor. The broad wall under the terrace was apparently
hollow. From this it is clear that the corresponding spot on the eastern terrace also hides a
similar staircase and corridor, at its bottom. And God only knows how many more such
walls, apartments and stories lie sealed, hidden and unknown to the world. Thus also
incidentally points to the sorry state of research with respect to the Taj Mahal. Nobody
seems to have done neither any archaeological investigation in the grounds of the Taj
Mahal nor conducted a diligent academic study of the whole issue. Apparently extraneous
political and communal considerations have inhibited historians and archeologists from
conducting any meaningful research into the origin of Taj Mahal. Such Academic cowardice
is highly reprehensible.
Naturally when chance alien visitors like Peter Mundy visit such sites undergoing
extensive superficial changes his observing that “the building is begun….( and ) is
prosecuted with extraordinary diligence “ is not wrong .He couldn’t visualise that some
generations after him posterity would be bluffed into believing that the Taj Mahal complex
was raised by Shahjahan himself .Travernier and Peter Mundy could not possibly visualize
such a falsification of history and could not be more explicit. We ourselves visiting some
building as chance visitors wouldn’t be more explicit. For instance if we were to visit
Bombay or London at a time when somebody has acquired somebody else’s mansion and
has enclosed it in massive scaffolding to renovate it for his own purpose we won’t dare or
care to ask him how he acquired the building ,for how much, from whom ,what changes he
proposed to make ,and spend how much over it .We would simply refer to it as his building.
Such inquiries are all the more impossible when a wide hiatus of language, race, culture
authority and wealth separates the two.
Peter Mundy also fortunately records the object
of the leveling up of the hillocks. The hillocks were removed , he says, ”because they might
not hinder the prospect “ of the mausoleum .The very fact that within a couple of years of
Mumtaz’s death the hillocks were leveled to afford a glimpse of the mausoleum clearly
indicates that the Taj building complex already existed .All that was necessary was to level
some of the hillocks and make the building visible from a distance. In fact the very object of
the ancient Hindu builders of the Taj raising those hillocks seems from Mundy’s noting, to
prevent the tempting Taj to be the target of a malicious enemy’s attack. Since Shahjahan
was converting it into a tomb open to all and sundry, he no longer had the need to keep it
out of the gaze of enmical people.
Waldemar Hansen notes on pages 181-182 of his book (titled “The Peacock Throne”
,published by Holt ,Rhinehart and Winston ) that “Even as early as 1632 on the first
anniversary of Mumtaz Mahal’s death ,the courtyard of the mausoleum in progress had
been adorned with superb tents, with the entire court assembled to pay homage- princes of
the royal blood ,grandees and an assemblage of religious scholars including sheikhs,
ulemas and hafizes who knew the whole Koran by heart. Shahjahan had graced the event
with his presence, and as the empress’s father Asaf Khan was present by imperial request,
a great banquet was spread before the then nascent tomb and guests partook of a variety of
foods, sweetmeats and fruits. Verses from the Koran filled the air, prayers were offered for
the soul of the dead and a hundred thousand rupees went into charity. In later years on
other anniversary days, Shahjahan attended memorials at the incomplete edifice whenever
in Agra, formally accompanied by Jahanara and the harem .The ladies always occupied a
central platform set up for the occasion, and remained concealed from the public gaze by
kanats, screens of red cloth and velvet. Noblemen gathered under pitched tents.
“The Mehtab garden is innundated and looks desolate. Its scenic beauty will reappear only
when the floods recede”. That the rear portion of the building complex remains safe is a
mystery. The stream keeping away from the rear wall has prevented damage.
“On Saturday too I visited the spot and then I called on the Prince (Dara) who also paid me
a return visit. Then taking leave of all I resumed my journey (to take charge as govrneor of
the Deccan) on Sunday and today the 8th instant I am in the vicinity of Dholpur…”
Thus from Aurangzeb’s noting it is apparent that in 1652 A.D. itself the Taj Mahal building
complex had become so ancient that it needed elaborate repairs. So what was carried out in
1652 A.D was not the completion of a new building but the repairs to an old building
complex. Had The Taj Mahal been a building completed in 1653 it would not have fallen to
the lot of a chance ,lone visitor like Aurangzeb to notice the defects and order repairs in
1652.The defects should have been noticed by the thousands of workmen and hundreds of
court supervisors who were supposed to be building the Taj Mahal. And since such
serious defects had been in fact noticed a year before completion all the tom-tomming of
the “master –builders” of the Taj is utterly unjustified. The builders of the Taj were no
doubt master-craftsmen but they were not Shahajahan’s contemporaries but Hindus of
several centuries earlier. Similarly it was not Shahjahan who commissioned the Taj Mahal
but some ancient Hindu king . Likewise the Taj did not come into being as an Islamic
mausoleum but as Hindu temple –palace.
The builders of the Taj Mahal –ancient secret revealed
“Tourists come from the world over to see Taj at Agra and all marvel at the genius of the
architects that could plan and accomplish so lovely a “dream of marble”.
They were commissioned by the Mogul emperor Shahjahan to raise a mausoleum
befitting his love for Mumtaz Mahal , his beloved consort ; and they created this Wonder of
the world.
“Yet, despite strenuous efforts to discover it , their identity had remained a mystery ;wild
guesses as to their origin being foreign were abroad. Even Bernier (1642 A.D.) notes only a
rumour that the architect was killed lest the secret of his art be revealed and a rival to Taj
created.
“But the secret has at long last been found in a manuscript book discovered lately in the
library of Mr.Mehmud Khan of Bangalore. The glory of building the Taj belongs definitely to
India,to a family of Lahore architect, Ahmad, the father ,and his three sons. The book is in
Persian verses in the Persian character, its author being Lathfullah Maaahandis, himself
one of the three son architects and it is almost 300 years old, falling within the last years of
Shahjahan’s reign.
“ It has been declared to be the only copy in the world, by the well-known authority on
these matters , Syed Suleiman Sahib Nadvi,Principal ,Shibly Academy ,Azamgarh.
“The book is in Mahandis’ own handwriting .As is noticed from different verses, the author
was a staunch follower of Dara Shikoh , Shahjahan’s eldest son ,and when Aurangzeb
finally came to power, after defeating Dara Shikoh, the author and his family suffered. He
sent a petition to the emperor but as it was not heeded the family had to retire into
seclusion and poverty.
“It seems that the book was very secretly kept by the family in fear of Aurangzeb ,as it
contained verses in praise of Dara Shikoh .The subsequent dates and writing on the last
page show that the book was brought and kept in the library of the library of the historical
personage Nawab Ebrahim Khann Hazbar Jung ,the famous Mahammedan general nick
named Gardy ,who sided with the Maharatas in the battle of Panipat in 1761 against
Ahmed Shah Abdali.The book has been in the family of the present owner for generations,
but it was not noticed until Moulana Syed Suleiman Nadvi ,the well known historian,
author and editor of the Moariff (the monthly journal of the Society of Authors and Shibly
Academy, Azamgarh ,U.P.) Discovered it and, on information gleaned from it, read a lengthy
Urdu paper on the builders of the Taj in Punjab University.
“In the verses on two pages of the book described in the article, the author praises
Shahjahan ,and speaks of his father Ahmed, the ‘Nadar–ul-Asar’ (the unique of the world
),as supreme master craftsman, geometer ,astronomer and prosateur .He was appointed
court architect by Shahjahan’s Ryal Warrant ,and was the builder of the Taj Mahal at
Agra and the Lal Quila (Red Fort) at Delhi. He died in 1649,two years after the Taj was built
.The author his son and co-architect of the Taj learnt at his feet.”
Article titled Some Facts About the Taj Mahal by Mohammed Din, published in The
illustrated weekly of India dated December 30,1951.The article runs thus:
“When The Taj Mahal was built, the many mechanical aids available today were unheard of;
yet the extraordinary ingenuity employed in its construction and the high degree of
engineering skill evidenced in its design make the mind pause.
Not less remarkable were the talent and skill of the artisans employed. In translating this
fabulous architectural dream into brick and mortar, and area 967 ft. long and 373 ft. wide
was excavated to a depth of 44 ft. where sub-soil water was met .The whole excavated area
was filled in mass with rubble stone in hydraulic lime to provide a common foundation for
the three heavy structures, the Taj Mahal , Jamaet – Khana and one mosque which were to
be raised close to one another. About 20,000 men were engaged on this work.
“Over this foundation the plinth of the Taj Mahal , 313 ft. square and 8 ft. high, was built
in stone with hydraulic lime mortar and marble stone casing. The casing was laid after the
rubble masonry was raised to its designed height, then the marble facing was set.
“The main engineering problem was to haul up the materials to the required height during
the progress of the work. This was done by constructing wooden pillars of square timber
posts bundled together and skillfully tied with top levels at different heights, and so spaced
as to carry a strong platform 40 ft. wide and a spiral roadway with a slope of 1 in 20, to
permit loaded mules and mule carts to run over it, and to hold dumps of materials for
construction work. This spiral platform was continuous and ran all round the dome, and
remained in position till the work was raised to its designed height of 240 ft. above ground
level. Special engineers were engaged to build the scaffolding and platform, and 500
carpenters and 300 blacksmith were employed on this project alone. The total length of the
spiral platform was about 4,800 ft. The mortar was hoisted by means of Persian wheels,
which were fitted on the spiral platform. These were worked by bullocks and mules.
“The materials for the massive work were brought from many distant places. The marble
stone was obtained from Makrana in Rajputana ,for which about a thousand elephants
were engaged. The maximum weight of a block of stone was about 2.5 tons, which is the
safe carrying capacity of an elephant. A number of elephants were also engaged to work the
pulleys.
“The timber for scaffolding was brought from the Kashmir and Naini Tal areas. About 2000
camels and 1000 bullock carts were employed for carting bricks and light materials to the
construction site and about 1000 mules for lifting the materials along the spiral platform.
“The marble stone required for drum and dome was dressed on the ground and then lifted
and laid in position by means of pulleys…
“After the main dome and drum work was finished, work on annexes and subsidiary
buildings was taken in hand and completed in the same manner.
“There are four minarets at the four corners of the Taj Mahal …
“The river Jumna was half a mile away from the structure. After the building was
completed , the river was diverted artificially to flow alongside the Taj to add to the beauty
of landscape.
“Contemporary Muslim writers recorded the names of those who designed and constructed
the Taj Mahal, and the names and quantities of precious stones used. It appears that
Mohammed Isa Afandi, of turkey, was the chief designer and draftsman. Among the other
foreigners employed on the construction, there were men from Arabia ,Persia, Syria
,Baghdad and Samarkand and there was at least one Frenchmen, Austin de Bordeaux, a
goldsmith.
The precious stones used included 540 pieces of cornelian from Baghdad, 670 turquoises
from upper Tibet, 614 malachite’s from Russia ,559 onyxes from Deccan and 625 diamonds
from Central India. The construction of Taj Mahal was begun in 1632 and was not
completed till 1650.It is believed to have cost more than a crore and a half of rupees which
in terms of the present value of money ,would be at ten times as much .Two thirds of this
were contributed by the State office and one third by third by the State treasury of the
province. The allocations of expenditures on different parts of the structure have been
carefully recorded in documents which are still existent.
“Shahjahan, magnificent in his kingship, was equally magnificent in his sorrows. This
exquisite memorial of an emperor’s love was built by the sorrowing Shahjahan for his
departed spouse. He manifestly designed it to go down in history to a worshipful posterity;
three hundred years after, it is still acclaimed as one of the supreme achievements of the
architect.
The measurement mentioned could of course always be taken from the erstwhile Hindu
Temple palace, which stands before us today as the Taj Mahal, and stuffed into any postmortem of the construction.
The account of how the edifice was erected is apparently the result of an hind-sight postmortem carried out by some contemporary architects, as far as they can visualize it .As for
the 500 carpenters and 300 blacksmiths and such others employed, we have no special
objection because that many would be easily absorbed in erecting even a scaffolding around
the massive Hindu Temple palace, which the Taj Mahal is, to convert it into a Muslim tomb.
The following conclusions emerge from what Emperor Shahjahan’s own court chronicler
has recorded in the official history of the reign, Badshahnama :
1.The Taj Mahal is a Hindu palace.
2.It has around it a majestic and spacious garden.
3.The huge building complex was obtained in exchange (if at all ) for almost a song, i.e. at
best transferring to the owner an open plot of land. This too seems fishy because the
location and the size of the plot of land are not mentioned. Most probably it was just a
blatant expropriation effected by turning Jaisingh out of his wealthy ancestral palace. The
detail that Jaisingh was compensated by gifting him on open plot of land is obviously a
royal Islamic bluff to cover up the fact that Raja Jaisingh was blatantly robbed of his
wealthy temple-palace.
4.The Hindu palace had a dome.
5.Mumtaz was buried, so they say, under that dome soon after her exhumed body was
brought from Burhanpur to Agra, if at all.
6.The estimated expenditure (to transform the Hindu Palace into a Muslim tomb ) was
Rs.40 lakhs .(the actual expenditure is unknown ).
7.Of the above sum , Rs.5 lakhs was spent on the grave and cenotaph and the balance of
Rs 35 lakhs on the scaffolding and the Koranic engravings.
8.Designer or architects are out of the picture, since the Taj Mahal was never raised by
Shahjahan.
9.The Hindu palace was known as Mansingh’s palace during Emperor Shahjahan’s time
though it was in the occupation of his grandson Jaisingh.
The above account being fairly plausible fits with the truth that the Taj Mahal is an
ancient Hindu palace commandeered for conversion into a Muslim tomb.
In spite of this fundamental vagueness we would have accepted the duration of the period
during which the Taj Mahal was a building if there had been any consensus about it among
historians. Unfortunately, there is none .See how many versions are there:
1.The Maharashtreeya
Jnyankosh quoted
(Pp. 35-36 ,Maharashtreeya Jnyankosh
,ibid,Vol. 15) says that the “construction commenced in 1631 A.D. and ended in January
1643 A.D.”That gives a period of a little less than 12 years .
2.The encyclopaedia Britannica (P. 758, Encyclopaedia Britannica ,1964 Ed.,Vol. 21) says
“the building was commenced in 1632.More than 20,000 workmen were employed daily to
complete the mausoleum building itself by 1643,although the whole Taj complex took 22
years to complete .Unlike the first encyclopaedia ,the latter gives us two separate periods
:one of 10 to 11 years and the other of 22 years. About this latter period of 22 years we
would also like to know why the mausoleum needed a building complex containing stables
and guard and guest rooms was Mumtaz still supposed to go riding, casting away the
burqa and escorted by large cavalry contingents? Was she also expected to receive guests?
3.Tavernier’s account runs completely counter to all Muslim versions, which form the basis
of the encyclopedic accounts quoted above. The Encyclopaedia Britannica account is
actually as amalgam of the Tavernier and Muslim accounts in as much as it borrows the
figure of 20,000.workmen and 22 years from Tavernier while deftly weaving in it the 11or
12 year period fancied in Muslim accounts.
Tavernier (PP.109-111, Travels in India, ibid.) says he witnessed the commencement and
accomplishment of this great work on which they expended 22 years during which 20,000
men worked incessantly .The cost of it has been enormous. The scaffolding alone cost more
than the entire work…”
Even presuming that Tavernier arrived in Agra in 1641, and the work began soon after his
arrival there, it should have lasted from 1641 to 1663.But Shahjahan was deposed and
imprisoned by his son Aurangzeb in 1658 .How then could the work of the Mumtaz
mausoleum proceed until 1663,i.e. five years after his losing control of state affairs ? And if,
in fact, It did, what are we to make some Muslim accounts, which claim that the work had
ended in 1643? Then again, is the problem of the commencement of the construction still
remains hanging in air.
4.Mr.Mohammed Din’s article (The Illustrated weekly of India dated Dec 30,1951.) asserts
“the construction of the Taj Mahal was begun in 1632 and was not completed till
1650”.Mr.Mohammed Din seems to be sure only of the date when the building commenced
.If we take 1632 as the year of commenced then what are we to make of Tavernier’s
assertion that work started in his presence ?
5.Yet another version estimates the Taj Mahal to have been under construction for 17 years
.This is from Mr.Arora’s book (P. 10 City of Taj by R.C.Arora ,printed at the Hiberninan
Press,15 Portuguese Church Street ,Calcutta). He says “Shahjahan commenced building
the Taj in 1631,the fourth year his accession .The splendid mausoleum was completed in
1648.
It is not even certain that Mumtaz died in 1630.Even assuming that she died in 1630 she
perhaps died towards the close of that year. In such a case is it possible for the emperor to
make a decision to build a dreamland monument, have a huge amount sanctioned for it,
broadcast his scheme to distant lands, have artists prepare plans have them sent to
Shahjahan, from among which, we are told ,he selected one ,have a wooden model
constructed ,the necessary workmen collected, the bewildering variety of material ordered
and construction begun all by 1630?
6. A like version is also found in The Columbia Lippincott Gazetteer(P. 19 ,Vol II). It states:
“the beautiful Taj Mahal (built 1630-1648) probably the most noted mausoleum in the
world.. etc .etc. All the arguments repeated above apply to this Gazetteer version too,
namely, that since we are not even sure whether Mumtaz died in 1630, how could calling
for mausoleum plans, selecting one, ordering the building material etc. all be done just in
one year?
Since bricks (and timber) are generally bought and used soon after being marketed (and are
not stored for generations like diamonds, bullion and ornaments) thermoluminescence is
very helpful in determining the age of a brick-structure fairly accurately. The carbon – C14
test is applicable to anything, which had been part of a living organism such as piece of
bone or timber. A living tree continues to breathe in carbon di oxide while alive.But once it
is dead the breathing in stops and the dead piece continues to lose its carbon di oxide
(including C14) content at a known rate.
The report published in the Itihas Patrika (a quarterly journal,Vol 4 No. 4 dated 31
December 1984,THANA)is produced hereunder….
Sample 1
“Wood piece from door at North (east) end of Taj Mahal at beach level fronting on Jumna
River.
“Age 1359+ - 89 A.D. Thus there is a 67% probability that the age of the sample lies
between 1448 and 1270 A.D.
Submitted by Evan T.Williams
Professor of chemistry
City University of New York,
Brooklyn College,
Brooklyn,N.Y.,11210
The Taj Mahal originated as a temple -The inscription in Sanskrit has 34 stanzas of
which stanzas 25,26 and 34 being relevant to our topic are reproduced as translation.
Translated, these means :”He (King Parmardi Dev or on his behalf his minister Salakshan )
raised a palace which had inside it the idol of Lord Vishnu whose feet the king used to
touch with his (bowed ) head.
“Similarly the King also had constructed this temple,(dedicated) to the God who bears the
crescent on His (fore)head, made of crystal white stone. Consecrated in that (magnificent)
temple the lord (was so pleased that He) never thought of repairing to His (Himalayan )
abode on mount Kailas. The inscription found at Mauja Bateshwar,near Agra is at present
in the Lucknow Museum.It is of the King Paramardi Dev dated Vikram Samvat
1212,Ashwin(month),5th day of the bright lunar fortnight. It has in all 34 stanzas which
describe the origin of the Chandratreya (regal) dynasty and its important rulers. The
inscription was found embedded in a mound at Bateshwar .It was later deposited in the
Lucknow Museum by General Cunnigham, where it still is.The two beautiful marble
temples which King Paramardi Dev had raised, one for Lord Vishnu and the other for Lord
Shiva
were
subsequently
desecrated
during
Muslim
invasions
.Some
clever(farsighted)person has this inscription ,concerning these temples,buried in a mound.
It remained buried for many years until1900 A.D. when during excavations it was
discovered by General Cunnigham. The Shiva (Chandramauleeshwar) temple is obviuosly
the Taj Mahal for the following reasons:
1.It is of crystal white marble as mentioned in the inscription .
2.Its pinnacle and entrance arches bear the trident (trishul) which is an exclusive emblem
of Chandramauleeshwar.
3.The edifice is said to have been of such captivating beauty that the Lord (Shiva)
Chandramauleeshwar never again thought of returning to his Himalayan abode of Kailas.
4.The Taj Mahal garden included plants and tress all sacred to Hindus. Among them is the
Bel and Harshringar ,the leaves and flowers of which are considered a necessity for the
worship of lord Shiva.
5.The central Chamber of the Taj Mahal which is now believed to contain the cenotaphs of
emperor Shahjahan and his wife Arjumand Banu Begum has around it ten quadrangular
chambers providing a perambulatory passage for devotees as is the Hindu custom.
6.As the devotee passes through each of those rooms, ventilators provide him a view of the
centre of the octagonal central chamber where the emblem of Lord Chandramauleeshwar
was consecrated.
7. The high dome of the Taj Mahal central chamber with its reverberative effect provided the
proper gimmick to produce the ecstatic din that accompanies the worship of Lord Shiva
when he is supposed to perform the cosmic(Tandava Nritya) dance amidst the blowing of
conches, beating of drums and tolling of bells.
8.The high dome is also a common feature of Shiva temples to enable the hanging of a
pitcher for water to drip over the emblem of Lord Shiva. The chain which held the pitcher
still remains suspended from the centre of the dome.
9.Silver doors and gold railings mentioned as fixtures of the Taj Mahal are a common
feature of Hindu temples surviving even to our own day .Had the gold railing, fancied to
have been provided for Mumtaz’s tomb, been subsequently removed one should have seen
holes in the mosaic flooring for the props which supported the railing. There are no such
holes. That means that it was Shahjahan who removed the gold railing of the ancient Hindu
Shiva temple and carried it away to the treasury, before using the location of the Hindu idol
to graft an Islamic cenotaph. Visitors may also notice there an ancient Hindu colour sketch
of eight directional pointers,16 cobras,32 tridents and 64 lotus buds all Hindu motifs in
multiples of eight That design is sketched in the concave domed ceiling of the octagonal
central chamber, which anyone standing close to Mumtaz’s cenotaph may look up and see.
10.Guides at the Taj Mahal still mention a tradition of a drop of rainwater dropping from
the high dome top on the cenotaph within. This obviously is a remnant of the past
memories of the water dripping on the emblem of Lord Shiva from the pitcher.
11.Tavernier mentions the six courts in the Taj Mahal building complex where a bazar used
to be held.It is common knowledge that in Hindu tradition bazars and fairs are invariably
held around temples which constitute the focal points of Hindu life.
12.The trident(trishul) which is Lord Shiva’s exclusive weapon is also inlaid at the apex of
the Taj Mahal’s marble entrance arches on all four sides It is in red and white lines exactly
as some Hindus wear in colour on their foreheads. Its being installed there at the apex of
the entrance arches clearly proves that it is an unmistakable Shiva temple.
13.A full length design of the entire trident pinnacle as it towers above the dome, has been
inlaid in the red stone yard to the right of the Taj Mahal as we stand facing the marble
edifice. This again proves its Hindu origin since it has been a tradition in Hindu
architecture to inscribe the basic scale used in the construction of every building
,somewhere in the premises. In the case of Taj Mahal the length of its trident pinnacle may
be the basic scale used in raising the Shiva temple.
14.The ‘Taj Mahal itself is far from Persian .It is a corrupt from of the Sanskrit term “Tejo
Maha Alaya meaning Resplendent Shrine “It was known as resplendent shrine because it
reflects a dazzling sheen in sunlight and moonlight. That name also attaches to it because
Lord Shiva’s third eye is said to emit a jet of lustre i.e. teja.The tarditional conjecture that
the term Taj Mahal derives from the name of Mumtaz Mahal porves baseless on closer
scrutiny.
15. Apparently Akbar did not dispossess the Jaipur royal family of the Taj Mahal because
the Jaipur family was his strongest Hindu ally and its scion ,Bhagwandas and Mansingh
were his most trusted generals. They were also in laws of the Mogul rulers.That after
Humayun’s defeat the Taj Mahal passed into the hands of the Jaipur royal family is
apparent from Emperor Sahhajahan’s chronicle which admits having commandeered The
Taj Mahal from Jai Singh ,the then head of the Jaipur royal family.
16.Besides the trident pinnacle, there are other Hindu symbols in the Taj namely the
conch, the lotus and the sacred Hindu chant “OM” in Devanagiri character.
Visitors to the Taj may notice the letter “om” woven in bold relief in embossed flower –
designs on the interior marble walls. As one stands poised at the top of the stairs leading to
the basement (to se what they call the ‘real graves’ ) one may see on the walls around the
upper marble cenotaph chamber ,at chest level, the esoteric sacred Hindu letter ‘om’ woven
into embossed marble flower pattern. Pink lotus patterns on the border of the grilled panels
that enclose the cenotaph may also be noticed.
A peacock Throne could never have been ordered by fanatic mediaeval Muslim rulers
surrounded by even more fanatic maulvis. Throughout their millennium long rule in India
their one penchant was to break images not to make them.
The peacock Throne could only be a piece of Hindu Palace furniture because traditionally a
Hindu throne must have the effigy of some bird or animal known for its splendor or valour.
In Hindu terminology the very term for a throne is a “Lion Seat (Simhasan).”
Hardly had the project begun, than we are told that by 1635 Shahjahan had amassed such
a plethora of gems and bullion, within seven years of his accession that he did not know
what to do with them. He therefore had a fabulous Peacock Throne ordered.
According to Shahjahan’s court chronicler (PP. 45-46,ibid.),it appears that the peacock
Throne was “three yards long, two and a half yards broad, yards high and set with jewels
worth 86 lakh rupees. The canopy had 12 emerald columns. On top of each pillar were two
peacocks thick –set with rubies ,diamonds, emeralds and pearls. The throne cost ten
million rupees”.
“The marble screen enclosing an octagonal area in the centre of the cenotaph chamber was,
according to the Badshahnama placed here in 1642 by Shahjahan …According, however ,to
competent authority the screen was placed here by Aurangzeb after he laid his father’s
remains there.
“The basement rooms are centrally situated as a line of 14 rooms along the face of the
Great Basement, under its terrace; and each of them is connected by a doorway with as
inner lobby running east and west along their entire length. From each end of the lobby a
staircase ascends to the terrace of the Great Basement ,where its entrance closed by red
sandstone slabs, lay unsuspected until discovered a few years ago, the clue being given by
a small window overlooking the river in each of the two easternmost rooms. The rooms,
once frescoed and otherwise decorated being now in darkness and infested by bats ,
cannot be explored without a torch or lamp. Whether they originally opened on to a ghat
and gave admittance to the Taj from the river; or being provided with windows, were used
as cool resorts during the heat of the day, cannot now be decided”.
In the Agra Fort gallery, facing the Taj, is a tiny glass piece embedded in the wall to mirror
the Taj Mahal. Originators of the Taj legend have conveniently annexed the device to add to
the mesmeric effect of the myth. Embedding tiny, round glass reflectors by their thousands
in arched recesses of palaces and in women’s dresses is a very common and widespread
Rajput practice. Such glass reflectors can still be seen fixed in numerous ancient palaces in
Rajasthan, and continue to be used for decoration in Rajput women’s dresses. Saracenic
architecture, if there be any such,should rather believe in “purdah “ i.e. shrouding or
hiding and would never think of glass reflectors.Mirror –pieces decorated the royal
apartments in Agra fort because it was a Hindu fort.Moreoever Shahjahan was never
permitted access during interment to that part of the fort which overlooks the Taj. It is,
therefore absurd to argue that during detention he consoled himself by catching glimpses of
the Taj in the tiny glass piece. A further absurdity and inconsistency is ; would an old
monarch, bent with age, stand up all the time to strain his bedimmed vision, and peer into
a tiny glass piece with his back to the Taj to catch a fleeting, reflected glimpse of the Taj
when he could as well have a clear ,full, straight and direct view of it seated comfortably
facing the monument? And would not such a stance give him a pain in the neck? This is
yet another instance of how students of history ,archaeologists and lay visitors have never
bothered or cared to take stock of the loose bits of the Taj legend, and tried to rearrange
them to find out whether they add up to at least a coherent and cogent account, even if
fictitious.
In addition to its sculptural splendor, the Taj is also believed to have had gem studded
marble screens, gold railing and silver doors. Readers can well add up to the cost of all
these. It will amount to a fabulous, astronomical sum. Perhaps even all the Mogul emperors
together could not have invested that much on a single monument.
Had the Taj been an original tomb, Shahjahan would never have allowed Indian flora to
form the dominant feature of the tapestry design inside the mausoleum of his wife. It is
idle to argue that because the workmen employed on the Taj happened to be Hindus their
motifs got incorporated in the Taj design. It must be remembered that it is the person who
pays the piper that calls the tune. Moreover when it is a question of the peace of departed
soul, symbols and motifs of a detested religion would never have been allowed to be
incorporated in the ornamental patterns of the Taj. In fact the whole idea of having such a
luxurious tomb built and having decorative patterns made inside it is frowned upon in
Islamic religion and tradition. But Shahjahan had no alternative but to put up with them
since he had taken over a ready made “heathen” monument.
We have
cited five direct proofs to establish that the Taj is an ancient Hindu
palace.These are:
1.Shahjahan’s own court chronicler Mulla Abdul Hamid’s admission.
2.Mr.Nurul Hasan Siddiqui’s book, The City of Taj, reiterates the same position.
3.Tavernier’s testimony too establishes that a lofty palace had been obtained, and that it
was a world tourist attraction even before Mumtaz’s burial.
4.Emperor Shahjahan’s great great grandfather Babur’s Memoirs refer to the Taj Mahal 104
years before Mumtaz’s death whose tomb the Taj is supposed to be.
5.The Encyclopaedia Britannica has been quoted to show that the Taj Mahal building
complex comprises guest rooms, guard rooms and stables. These are all adjuncts of a
temple palace but never of a tomb.
In addition to the above we have ,in the foregoing pages,advanced many other proofs as
follows:
6.The very name Taj Mahal means a crown palace or a resplendent shrine (Tejo Maha
Alaya) and not a tomb .
7.Shahjahan’s reign was as full of turmoil and warfare as that of most other Muslim rulers
of India. He could not therefore, have any wealth, peace, security or inclination to launch
on such an ambitious project as the Taj Mahal.
8.Shahjahan’s lechery and profligacy ruled out any special attachment to Mumtaz, whose
mausoleum the Taj has been misrepresented to be.
9.Shahjahan was cruel, hard hearted and stingy ;as such he could never have the artist’s
soft heart and a liberal patron’s generosity to lavish wealth on a building to house a
corpse.
10. Mulla Abdul Hamid Lahori, the court chronicler, mentions no architect and estimates
the cost of the work done to be only Rs 40,00,000 which clearly shows that no new
building was erected.
11.Shahjahan, whose reign was supposed to be a golden period of history, has not left even
a scrap of authentic paper about the construction of Taj Mahal. There are no authentic
orders commissioning the Taj ,no correspondence for the purchase or acquisition of the socalled site ,no design drawings no bills or receipts and no expense account sheets Some of
those usually produced or referred to have already been proved to be forgeries.
12.Had Shahjahan really been the conceiver of the Taj Mahal, he need not have specially
instructed Mulla Abdul Hamid Lahori not to forget mentioning or describing its
‘construction’ in the official chronicles, because the grandeur and majesty of the Taj as the
finest achievement of a ruling monarch could never be lost sight of by a paid court
chronicler.
13.That Shahajahan could not even in his wildest dreams conceive undertaking such a
gorgeous project is apparent from the fact that even the Muslim accounts tell us that he
made the workers toil on meagre rations without giving them any cash payment. Tavernier
tells us that Shahjahan could not marshal even timber enough for as much as scaffolding.
Some accounts have also pointed out that Shahjahan made Rajas and Maharajas pay a
large part of the “cost”. So even the additions and alterations required in converting a
Hindu palace to the semblance of a Muslim tomb were made by compelling labourers to toil
for a mere meagre food allocation and by imposing levies on subservient chieftains.
14. If a stupendous monument like the Taj Mahal were specially built for the burial of a
consort there would be a ceremonial burial date and it would not go unrecorded. But not
only is the burial date not mentioned but even the approximate period during which
Arjumand Banu Begum may have been buried in the Taj Mahal varies from six months to
nine years of her death.
15. Mumtaz was married to Shahjahan when the latter was 21 years old. Royal children in
his times used to be married much before their teens. This shows that Arjumand Banu was
Shahjahan’s umpteenth wife. There was thus no reason why she should have been buried
in a special monument.
16. Having been a commoner by birth Arjumand Banu was not entitled to a special
monument
17.History makes no special mention of any out of the way attachment or romance between
the two, unlike that of Jahangir and Nurjahan. This shows that the story of their love is a
concoction seeking to justify the myth about the building of the taj over her body.
18. Shahjahan was no patron of art. Had he been one, he would not have had the heart to
chop off the hands of those who are said to have toiled to ‘build’ the monument for his
wife. An art lover especially one disconsolate on his wife’s death,would not indulge in an
orgy of maiming skilful craftsman. But the maiming story is apparently true because made
to toil mercilessly on meagre rations on a palace usurped from its erstwhile Hindu master,
the infuriated workmen broke out in revolt.
19.There is no record in history that Shahjahan had any special infatuation for Mumtaz. In
fact history records that he used to run after various other women from his own daughter
to his maids.
20.The existence of the landing ghat at the rear suggests a temple palace, not a tomb.
21.Even the central marble structure consists of a 23-room marble palace suit which is
superfluous for a tomb.
22.The plan tallies with ancient Hindu architectural design and specifications.
23.The entire Taj building consists of over 1000 rooms along its corridor, in two basements,
on the upper floors and in its numerous towers, which clearly bears out the contention that
it was meant to be a temple palace.
24. The many annexes, guard and guest rooms etc. prove that it is a temple palace. The
pleasure pavilions in the Taj premises could never form part of a tomb but only of a palace.
25.The Taj complex houses a pair of Nakkar Khanas, i.e. drum houses. Drum houses
are not only superfluous in a tomb but it is a positive misfit because a departed soul needs
peace and rest. On the other hand a drum house is a necessary concomitant of a templepalace because drum beats are used to herald royal arrivals and departures summoning
of the townsfolk for royal announcements and proclamations and announce divine worship
time.
26.The Taj building complex also contains cowpen which used to be part of all Hindu royal
and temple premises.
27.The Sanskrit words “Kalas” and “pranchi” (fenced off open spaces around the dome and
other structures) would never have been in the Taj premises had it originated as a Muslim
tomb.
28.The decorative patterns and motifs throughout the Taj Mahal are not only entirely of
Indian flora but also of sacred Hindu emblems like the lotus, which infidel characteristics,
according to Islamic beliefs would never allow any peace to the soul of the Muslim lady, if
any, lying buried beneath.
29. The galleries, arches, supporting brackets and cupolas are entirely in the Hindu style
such as can be seen all over Rajasthan.
30. Like every other suspicious aspect of Taj, its period of construction is variously stated
to be 10,12,13,17 or 22 years, which again proves that the traditional story is a concotion.
31.Even Tavernier’s testimony that he saw the commencement and the end of this work,
while weakening the traditional case, strengthens ours.
32. The reports that Shahjahan levied large amounts on rajas and Maharajas and that the
so called (tampering) work dragged on over 10,12,13,17,or even 22 years are all very true
details. Since Shahjahan was too shrewd and hard headed to spend anything out of his
own treasury and would lose no opportunity of taxing and persecuting the local people, he
made political capital even out of the death of his own wife.
33.The designers are variously mentioned by Western scholars to be Europeans, and are
claimed by Muslims to be Muslims, while the Imperial Library Manuscript contains Hindu
names.
34.The Taj Mahal had a grand garden. A graveyard never boasts of luscious fruits and
fragrant flower trees, since the idea of enjoying fruit and flowers of a graveyard orchard
is revolting.
35.The trees, moreover were those bearing Sanskrit names and select sacred plants at that
,like Ketaki, Jai, Jui, Champa, Maulashree, Harshringar and Bel.
36.The designer of Taj is unknown.
37.Far from causing him any expenditure, the Taj proved to be a veritable gold mine for
Shahjahan. While Arjumand Banu was buried in a stripped, cold,stone temple palace, the
building was robbed of all its costly trappings which were removed to Sahjahan’s treasury.
38. The Taj palace is located in the twin township of Jaisinghpura and Khawaspura which
are Rajput words, not Muslim.”Pura” in Sanskrit signifies a busy locality and not an open
plot of land as is sometimes claimed.
39.The Taj Mahal entrance faces south. Had it been a Muslim building it should have faced
west.
40.Its decorative and marble work tallies exactly with that in the Amer(Jaipur) palace built
circa 967.
41.The Taj temple palace has various other annexes outside its outer peripheral redstone
wall, meant for courtiers and palace staff.
42. Akbar on his early visits to Agra used to stay in Khawaspura and Jaisinghpura, which
clearly shows that he stayed in the Taj .
43.Bernier,another foreign visitor to Shahjahan’s court, tells us that the nether chambers
had a rare magnificence and no non-muslim was allowed entry to them.That shows the
hush-hush secrecy maintained about them.
44.Even the term Taj Mahal doesn’t figure in any Mogul court records.
45.An English visitor, Peter Mundy who was in India only for about a year after Mumtaz’s
death mentions the Taj Mahal as one of the most spectacular buildings. Thus Shahjahan’s
sacrilege of the Hindu Taj temple-palace by misusing it as an Islamic graveyard ought to be
rectified by removing Arjumand Banu’s remains,if they really are in the Taj Mahal, to her
original grave, still existing in Burhanpur. The garden pavilion of an Hindu mansion in
Burhanpur(about 600 miles south west of Agra) where Mumtaz was buried in1631 A.D.
after her death in her 14th delivery during 18 years of married life. Shahjahan Mumtaz had
encamped in the adjoining Hindu palace during a north south journey when Mumtaz
died.The ground plan of the orthodox Vedic octagonal Tejomahalaya shrine in Agra where
Mumtaz’s exumed body is supposed to have been interred again. Why this sacrilege? An
aerial view. The white marble Tejomahalaya framed by four towers at its plinth-corners on
the south bank of the sacred Yamuna river. Two identical red stone buildings(each with
three marble domes) facing the marble edifice from the east and west were meant to be
reception pavilions for royal or religious congregations. The central marble building and the
flanking red stone buildings are all seven storied with octagonal features,which is a Vedic
specialty.Seven storied octagonal buildings are mentioned even in Ramayanic description of
Ayodhya. A meticulous count will reveal 33 arches in the marble plinth seen in front in
between the two towers on the left and the right. Since the marble platform is a square the
breadth too has 33 arches consequently the marble plinth itself encloses 33x 33=1089
rooms That is the ground floor. Above it on either side of the lofty entrance arch may be
seen vaulted arches on two levels one above the other, which constitutes two more stories
in marble. The outer western gateway leading to the spacious parking area for visitors’
vehicles lined by arcaded red stone verandahs with rooms for shopkeepers selling their
wares. The entire parking area is lined by such shopping arcades which Tavernier describes
as bazar of six courts.The western gateway has assumed importance in modern times
because the main bus depot and railway stations of the populous, bustling Agra city lies in
that direction. In olden days it was the elevated gateway at the left which used,to be the
main entrance of the Tejganj alias Tajganj township.The Tejomahalaya shopping arcade has
had at its outer eastern and western corners, flanking the Shree gate, two other subsidiary
sentinel-temples. This octagonal pavilion with a white dome in the south west corner
bearing the inverted lotus cap and straight Vedic pinnacle pitcher shaft is one of them. But
alas, since Shahjahan’s time the sacred sanctum has an Islamic cenotaph attributed to an
harem-maid Satunnisa Khanam. But since no name is inscribed on it that seems to be an
inspired canard explaining away the desecration of the Hindu shrine.
The interior of the multi-storied vaulted entrance gate leading first to the rectangular
garden and then to the wonder marble edifice at the far end. The temple palace
management staff used to work on both floors on various assigned duties. The carved
decorative red stone bunting around the interior and exterior of this gateway, about kneehigh from the floor, if minutely observed turns out to be an ingenious running chain of
three-in-one Ganesh images, two in profile on the flanks and one with a frontal facing in
the middle. The marble Taj Mahal has identical vaulted lofty archways in all the four
directions. Their temple décor was chiseled away and Koranic extracts were improvised to
fill the cavities. Close look at the marble stone frames around the vertical and horizontal
Koranic passages to notice the patches of dissimilar shapes and tints of marble used.
Cobras lined up above a string of inlaid temple bells pattern form the upper border of the
Taj Mahal. Both cobras and bells have sacred associations in Vedic spiritual lore.
The gateway at which entry tickets are issued, is decorated both inside and out,
at the knee level with a bunting depicting such ingeneous three-in-one Ganesh caricatures;
two in profile on the flanks enclosing a frontal one in the middle. The arches in the marble
plinth and the rectangular ventilator above each one of them,(allowing light and air to the
1089 chambers inside the plinth)may be minutely observed to have been sealed with
marble slabs.
The seven arches at the bottom enclose the stairs, which lead to the top of the marble
plinth symmetrically from the right and left.The Nandi(Lord Shiva ‘s Bull ) occupied the
spot where the person clad in white robes is seen standing facing the entrance, before it
was uprooted at Shahjahan’s orders. That spot was patched up later with inferior reddish
slabs. There is trident shaped designs in inlay filigree at the two upper corners of the
entrance and the trident shaped red lotus bud at the apex of the arch.
The Koranic stones fixed vertically and horizontally along such lofty arches on all four sides
were improvised to fill up gaping cavities left after digging out idols of Vedic deities and
Sanskrit extracts. We arrive at the above conclusion because (1) a close inspection of the
marble frames enclosing the Koranic extracts reveal patches of marble of different shapes
and tints (2) The Koranic extracts are random, haphazard out of sequence and incomplete
(3) On hot days with the visitor’s feet burning on the marble plinth a fierce sun beating
down on the head and the eyes burning with intense sunlight radiated by the white marble
sheen even a devout Muslim knowing Arabic won’t have the heart or even the steady head
or patience to crane and strain his eyes and neck alternately vertically and horizontally to
make any head or tail of that message of Allah. A close-up of the upper part of a minaret.
The galleries rest on snake-shape brackets, which is a distinct Hindu architectural trait.
Mumtaz’s tomb in the crypt (basement). The pavement patched up with marble slabs of
varying sizes and tints indicating that the Shivling here has either been replaced by the
cenotaph or is covered up by it.
After one enters the lofty arch from the marble platform one steps onto spacious halls
which form a perambulatory passage all around the central octagonal sanctum. That
sanctum too has entrances on all four sides. But only the south entrance has been kept
open since Shahjahan’s time.
All these outer and inner entrances had silver doors which are common to all renowned
Hindu(Vedic) shrines. Those were uprooted and ranged on the outer marble plinth before
being spirited away to Shahjahan’s Mogul treasury. European visitors to the shrine around
1631 A.D. noticing the uprooted costly fixtures such as silver doors ranged on the marble
platform misunderstood them to have been ordered by Shahjahan to be used in the
building.Contrarily the thousands of labourers rounded up from the by lanes of Agra city
under threats of dire consequences were forced to toil gratis to uproot all the costly fixtures
such as the gem studded gold railings(around the Shivaling),silver doors, precious stones
stuffed in the marble lattices and the golden pitcher dripping water on the Shivlinga, and
transport them to the mogul treasury. Notice the framed decorative panels to the left and
right of the doorway. They depict embossed OM shaped Dhatura flowers and conchshelltype foliage. The panel at the left has the sacred conchshell design. The right side panel
depicts a plant with flowers shaped like the sacred Vedic chant (OM).
Mumtaz’s cenotaph in the foreground and subsequent Shahjahan’s cenotaph besides it in
the upper marble octagonal chamber. Notice that both the cenotaphs are highly decorated
with inlay work.
Neither Shahjahan nor Mumtaz could have been buried here because this chamber is on
the 4th floor above the river surface. Corpses are invariably buried in mother-earth and
never on stone floors. Consequently this so-called Mumtaz’s cenotaph in this central
octagonal chamber either covers the sacred Hindu ( Vedic ) Shivling itself or the sacred
spot from which the Shivling was uprooted.Shahjahan and Mumtaz must be fake. Why
should there be even one pair of fake cenotaph? And since one pair of cenotaphs is fake
the crucial question is which is the fake one. The one in the lower chamber or upper
chamber? Or does each floor contain one fake and the genuine cenotaph alternating
between Shahjahan and Mumtaz?
Science have been so somnolent for the last 350 and odd years as to allow the
preposterous Shahjahan and Mumtaz legend, stained with carnal love to pass muster in
spite of being riddled with a myriad loopholes disclosed .Around the hook (from which
hangs the chain) is a sketch in concentric circles. In the smallest innermost circle are
arrows symbolizing the eight surface directions. Around it is another circle of 16 serpents
looking down on the Shivling underneath. Around it is a wider circle of 32 tridents.
Surrounding it is a bigger circle depicting 64 lotus buds. Even this mathematical
progression of multiples of 8 i.e. 8x2=16x2=32x2=64 is of esoteric Vedic significance and
has no relation with Islam.The preponderating significance of 8 in Vedic tradition may be
judged from terms such as Ashtapailu, Ashtavadhani, Ashtaputra, Ashtadhatu, Ashtang
Ayurved, Mangalashtak and Sastang namaskar.
The octagonal lattice around the cenotaph of Mumtaz (which has replaced or
covered the sacred Shivling) has in its upper border a total of 108 pitchers, some rotund
and striped and some oblong like vases. The rotund striped pitcher is seen bathing the
Shivaling underneath with a stream of milk. The decorative flora on the vase and other
parts of the Taj Mahal alias Tejomahalaya is all native to India. Such decoration in the
orange, Vedic colour behooves a Hindu temple or palace but never a somber Islamic
sepulchre.
A close-up of the gilded pinnacle rising from the inverted lotus cap of the marble
dome .The pinnacle is known as Kalash in Vedic parlance because of the stack of pitchers
which constitute it. The curvy shaft seen in the upper portion represents the crescent on
Lord Shiva’s forehead. Above it is an oblong pitcher, two mango leaves curving on either
side with a coconut balanced on top. Such a coconut –topped pitcher represents divinity in
Vedic tradition.
The three domes of the so called mosque are a misfit in Islam. Since Islam has only
one Allah and one prophet for whom is the third dome? Moreover the qibla (i.e. the prayer
niche) is not aligned to the Kaba in Mecca as it should be in a genuine mosque. Also when
there are three qiblas instead of one they couldn’t all be aligned to the Kaba at the same
time. And since the twin buildings on the eastern flank is a non-mosque it automatically
follows that its counterpart to the west is also a non-mosque. Only buildings with the same
function and purpose can have an identical design.
There is staircase and another symmetrical one at the other end lead down to
the storey beneath the marble platform Tow such staircases (one each at the eastern and
western ends) behind the marble plinth take one to the nether chambers. Visitors may go to
the back of the marble plinth at the eastern or western end and descend down the
staircase because it is open to sky. But at the foot the archaeology department has set up
an iron grill door which it keeps locked. Yet one may peep inside from the iron grill in the
upper part of the door. Shahjahan had sealed even these two staircases. It was the British
who opened them. But from Shahjahan’s time the stories below and above the marble
ground floor have been barred to visitors. We are still following Mogul dictates and Muslim
secrecy though long free from Mogul Islamic rule.
One of the 22 locked rooms in the secret storey beneath the marble platform of the Taj
Mahal, which the archaeological Survey of India keeps conspiratorially locked to hoodwink
the public. Therefore the public must pressurized the government to open all locked and
sealed chambers in all monuments including the Taj.
Strips of ancient Hindu paint are seen on the wall flanking the doorway. The niches above
had paintings of Hindu gods, obviously rubbed off by Muslim desecrators.
One of the 22 riverside rooms in a secret storey of the Taj Mahal unknown to the public.
Shahjahan far from building the shining marble Taj wantonly disfigured it. Here he has
crudely walled up a doorway. Such imperial Mogul vandalism lies hidden from the public.
This room is in the red stone storey immediately below the marble platform. Indian history
has been turned topsy turvy in lauding destroyers as great builders. Therefore Shahjahan
should be referred to not as the creator of Taj but as a plunderer of its costly fixtures and
disfigurer of the sublime, serene beauty of the holy Tejomahalaya.
Many such doorways of chambers in secret stories underneath the Taj Mahal have been
sealed with brick and lime. Concealed inside could be valuable evidence such as Sanskrit
inscriptions, Hindu idols, the original Hindu model of Taj, the desecrated Shiva Linga,
Hindu scriptures and temple equipment .The Government is deliberately refraining from
opening hundreds of such sealed chambers. Inside the Taj Mahal for fear of enraging
Muslims and exposing the incompetence of historians worldwide.
There was the traditional treasury well of the Hindu temple palace. Treasure chests
used to be stacked in the lower stories. Accountants, cashiers and treasurers sat in the
upper stories. On being besieged if the building had to be surrendered to the enemy the
treasure chests used to be pushed into the water for salvage later after recapture. For real
research, water should be pumped out of this well to reveal the evidence that lies at the
bottom. This well is inside a tower near the so called mosque to the west of the marble Taj.
Had the Taj been a mausoleum this octagonal multi storied well would have been
superfluous.
The Hindus, who had ruled India for at least 4000 years from the Pandavas to
Prithviraj, did not have even a single monument to their credit? If they did not
build any monuments where did they, their countries and the common people
live? If during that period, as is nostalgically described rivers of milk and honey
flowed in India, and every chimney emitted smoke of gold, where all that wealth
stored? And if Rome is built by the Romans, London by Londoners and Tokyo by
the Japanese, how come that in India alone Delhi, Agra, Fatehpur Sikri,
Allahabad, Ahmedabad and a host of other cities teeming with mediaeval
monuments, built by a wide assortment of foreigners like Afghans, Turks,
Iranians, Mongols, Abyssinians, Kazaks and Uzbeks and in fact by every other
community except Indian themselves? And were these Indians, thus insinuated to
be nincompoops the novices in the building art, not the same who constructed the
Madurai temples, Rameswaram, Konarak, Khajuraho, Ajanta, Ellora and a host of
other rock cut edifices, the mount Abu temples, mighty forts like Ranthambhore
and luxurious palaces, as at Ambar and Udaipur? And if at all it was the aliens
named above who founded all the important towers in India and built all its
magnificent monuments how is it that they all had a uniform penchant for the
Hindu style of Indian architecture? If they had such captivating attraction for
Indian culture how is it that the very name Hindu was anathema to them so as to
provoke them to plunder and massacre, rape and destruction? And if for centuries
these alien rulers and their alien noblemen built all their tombs and palaces in the
Hindu style do their cultural and religious descendants – the Muslims of today –
build even a single tombs, mosque or home with even one single Hindu motif on
them? And how is it that these aliens belonging to diverse nationalities, different
strata from slave to prince, and various races display the same vigour and
identical taste in building monument after monuments, city after city and tombs
and mosques all in the Hindu style? Why is it that they built only tombs and
mosques without corresponding palaces? If they built only tombs for their
predecessors and mosque where did these alien rulers and their noblemen
themselves stay? And in the context of deadly intenecine succession struggles that
used to ensure in all Muslim households from princes to paupers how was it that
successors to titles built tombs for hated predecessors for whose blood they had
thirsted, and to supplant whom they were so very eager? And when the whole
realm used to be thrown into utter confusion and revolts and warfare erupted on
the death of every Muslim sovereign where did money to build a palatial tomb for
him come from? Who controlled the treasury exclusively in those perilous times?
And was not all the money available needed to raise armies, maintain huge
harems and consolidate one’s own position? And where was the time and peace
necessary to supervise the construction of palatial tombs? Where was the
architectural know how in those days of stark illiteracy and in an atmosphere
seething with plotting and treachery? If it consistent with human psychology that
even granting normal filial love a son or son-in-law succeeding a deceased ruler
will build a palace for a dead body but none for himself and his children, wives
and concubines? Is there any Muslim individual or group even in this 20th century
when orthodoxy, fanaticism and autocracy have lost some of their edge, who
would be ready to build tombs and mosque styled like temples? In fact will the
richest of them build any expensive tomb for his predecessor at all? And how is it
that the mediaeval buildings seen in Delhi, Agra and Fatehpur Sikri, are identical
with those in Ambar, Bikaner, Jaisalmer and Jodhpur known to exist from preMuslim times? And if no such magnificent mansions existed when Muslim
invasion of India started what were the invaders fighting for and what were the
Indian Kshatriyas defending? That leads to another incongruity namely that
Indian warriors gave battle to the invading army in open country? If that is so how
do we explain names like Kot Kachwaha, Nagarkot and Umarkot, since kot
signifies a fortified township? We know for certain that in ancient times all
buildings from humble residences of the common folk to those the kings, used to
have massive battlemented walks enclosing huge courtyards and spacious
apartments.
There are two sepulchral mounds in the central chamber of the Taj which look
like Muslim tombs, and could very well be those of Mumtaz Mahal, one of thee
thousands of consorts of Shahjahan, and of Shahjahan himself. It is well known
that many such mounds are fake. Such mounds have sometimes been found on
the terraces of historic buildings where no dead person could be buried by one
chance. Another reservation is that no specific burial date of Mumtaz being on
record it is highly doubtful whether she was at all buried in the Taj. Period is
mentioned a between six months to nine years of her death. Such vagueness, even
after a special palatial mausoleum is stated to have been constructed for her body,
is highly suspicious. Manuchi, an officer in the service of the East India Company
during Aurangzeb’s time, has recorded that Akbar’s tomb is empty. Who knows
then whether Mumtaz’s supposed tomb is not empty too. In spite of such weighty
reservations we are ready to presume that the two tombs could be those of
Mumtaz and Shahjahan.
Koranic texts have been inscribed along the outside of some of the arches. Our
weighty reservations on this point is that such inscriptions exist on the exterior of
the Adhai Din Ka Zopda in Ajmer and on the so-called Kutub Minar in Delhi, but
they are known to be a camonflage.
Proofs in support of our contention that the Taj Mahal is an ancient Hindu
temple-palace.
Shahjahan’s own official court chronicle from a grave in Burhanpur (after a six
month burial there) was brought to Agra and interred inside a mansion of unique
splendour capped with a dome. Raja Mansingh’s mansion was owned by
Mansingh’s grandson Jaisingh.
Prince Aurangzeb in 1652 A. D. reports carrying out some urgent, hasty repairs to
the cracked dome and leaking seven-storeyed building complex. Entrance asserts
that ready brand new in 1652. Does the archaeology department know better than
prince Aurangzeb?
Pairs of Shahjahan-Mumtaz graves, i.e. a pair each in the marble basement and
the marble ground floor. Why two graves each? Did each of them die a double
death? And why is the marble slab of Mumtaz’s cenotaph in the basement just
plain white when its hump and the other three cenotaphs have filigree decoration.
There are no orders commissioning the Taj, no correspondence for the purchase
or acquisition of the so-called site, no design drawings, no bills or receipts, and no
expense account sheets.
By no stretch of imagination could a graveyard ever be designated as a palace
unless a palace itself has been converted into a graveyard.
Had Shahjahan really been the conceiver of the Taj, he need not have specially
instructed Mulla Abdul Hamid not to forget mentioning or describing its
construction in the official chronicle because the grandeur and majesty of the Taj
as the finest achievement of a ruling monarch could never be lost sight of by a
paid court chronicler. He should not need a special remainder for it.
Abdul Hamid chronicler’s contains serious discrepancies like the absence of the
designer’s name, and a ridiculously low estimate (40 lakh rupees) of the cost of the
Taj, which is scoffed at by subsequent scholars.
The entire Taj complex contained nearly 300 or even more rooms along its
corridors, in the basement, the upper floors and its many towers.
The so-called mosque on one flank and the nondescript, counterpart
euphemistically explained away as a useless Jawab served as the guest pavilions,
guardrooms and waiting halls of the palace.
The words Kalas and Basai (tower) are Sanskrit words.
Even Tavernier’s testimony that he saw the commencement and the end of the
building work while weakening the case of traditionalists strengthens our case
because Tavernier arrived in India only in 1641 i.e. 10 years after Mumtaz’s death.
Koranic etchings were carried out he referred to it as “the commencement and the
end of the building work” during his presence in India.
Traditional accounts tell us that the Taj had gem-studded marble screens, gold
railings and silver doors. Even Shahjahan’s own or even his wife’s palace did not
possess such fairy-tale fixtures while the two were alive.
The Taj had a grad garden. A graveyard never boasts of luscious fruit and fragrant
flower trees since the idea of enjoy the fruit and flowers of a graveyard orchard is
revolting. The trees, moreover, were those bearing Sanskrit names, and select
sacred plants at that like Ketaki, Jai, Jui, Champa, Maulashree, Harshrinagar and
Bel.
It is a pity that both our Government and our scholars show no eagerness to open
up the underground chambers of the Taj, clear the debris, provide lighting,
remove the fillings in staircases and rooms and let students of history and even
laymen have a free run of the premises.
The Tarikh-i-Taj Mahal deed has been detected to be a forgery.
The great historian Sir H. M. Elliot in his preface to eight-volume study of
mediaeval chronicles has very aptly and pointedly remarked that the history of the
Muslim period in India “is an interested and impudent fraud.”
21.
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.
22.
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.
23.
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.
24.
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.
25.
26.
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.
27.
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.
28.
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.
29.
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.
30.
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.
31.
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 antinational 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”.
32.
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.
33.
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.
34.
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….”
Under Article 214 of the constitution, the High Court is provided for a state and has been
considered to be a Court of Record. The administrative power of High Court is the
constitution of bench providing roster, transfer of cases is conferred within the prerogative
of the Hon’ble Chief Justice and the puisne judges can only do that work that are allotted
to them by the Hon’ble Chief Justice. The Hon’ble Chief Justice may not exercise the
administrative power more effectively if the seat of the High court is further bifurcated to
many places regarding such prerogative conferred under our Constitution. ( The power
Conferred with High Court- How to inferred with- Ref. AIR 1982 SC 1198; (1996) 6 SCC
587; 1996 AWC 644 & 1998 (1) SCC 1)
The legal maxims:- “Fraus et jus nunquam cohabitant” ( Fraud and justice never dwell
together) & “ Fraus et dolus nemini patrocinari debent” ( Fraud and deceit defend or excuse
no man). These maxims have been reiterated in the decisions of Apex court. It has been
observed that it is in the inherent powers of superior courts to quash such proceedings,
which have been secured by playing the fraud or misrepresentation. There is no other
remedy being available to aggrieved party. The power conferred under the extra ordinary
jurisdiction of Hon’ble High Court under Article 226/227 of the Constitution may also be
exercised to defeat the wrongful gain secured by playing the fraud from the property of
innocent person. There are very few instance when the Hon’ble Courts have exercised their
inherent jurisdiction to secure the justice for the litigants by seeing the abstract truth,
hidden behind the surface through graceful foresight looking into the substance. In this
back ground, the decision given in writ petition no. 6370 of 2001 ( Amar Singh and another
versus Collector/ District Magistrate, Kanpur Dehat and others) decided on 19.4.2001 is a
remarkable judgement on this point. The Hon’ble High Court has not only overlooked the
mistake in drafting the
incomplete factual averments in the interest of providing
substantial justice to the petitioners. The particulars required for the purposes of effective
adjudication of the controversy involved were missing to a larger extend in the Writ Petition.
However the merit of the case has been dealt with in the present case. The Hon'ble High
court has further exercised the extra ordinary powers to provide the substantial justice to
the illiterate villager Lalloo Lal, whose six plots measuring more then three Bighas of
agricultural land were arbitrarily sold in auction sale for the alleged recovery of Bank Dues
for a nominal price of Rs.40,000/- in the Illegal manner with malafide intentions for
extraneous purposes.
It has been observed by the Hon’ble Courts that “where the power is conferred to
achieve a purpose it has been repeatedly reiterated that the power must be exercised
reasonably and in good faith to effectuate the purpose. And in this context ‘ in good faith’
means ‘for legitimate reasons’. Where power is exercised for extraneous or irrelevant
considerations or reasons, it is unquestionably a colourable exercise of power or fraud on
power and the exercise of power is vitiated”.
The judicial review is the heart and soul of the constitutional scheme. The judiciary
is constituted the ultimate interpreter of the Constitution and is assigned the delicate task
of determining the extent and scope of the powers conferred on each branch of the
Government, ensuring that action of any branch does not transgress as limits.
The Hon’ble Supreme Court has also held that ‘ Pithily put, bad faith which
invalidates the exercise of power- sometimes called colourable exercise or fraud on power
and oftentimes overlaps motives, passions and satisfactions- is the attainment of ends
beyond the sanctioned purposes of power by simulation or pretension of gaining a
legitimate goal. If the use of the power is for the fulfilment of a legitimate object the
actuation or catalysation by malice is not legicidal. The action is bad where the true object
is to reach an end different from the one for which the power is entrusted, goaded by
extraneous considerations, good or bad, but irrelevant to the entrustment. When the
custodian of power is influenced in its exercise by considerations out side those for
promotion of which the power is vested the court calls it a colourable exercise and is
undeceived by illusion’.
The judiciary in India also possesses inherent power, especially under section 151
CPC, to recall its judgement or order if it is obtained by fraud on Court. In the case of
fraud on a party to the suit or proceedings, the court may direct the affected party to file a
separate suit for setting aside the Decree obtained by fraud. Inherent power are powers
which are resident in all courts, especially of superior jurisdiction. These powers spring not
from legislation but from the nature and the constitution of the Tribunals or Courts
themselves so as to enable them to maintain their dignity, secure obedience to its process
and rules, protect its officers from indignity and wrong and to punish unseemly behaviour.
This power is necessary for the orderly administration of the court’s business.
Since fraud affects the solemnity, regularity and orderliness of the proceedings of
the court and also amounts to an abuse of the process of court, the courts have been held
to have inherent power to set aside an order obtained by fraud practiced upon that court.
Similarly, where a party misleads the court or the court itself commits a mistake, which
prejudices a party, the court has the inherent power to recall its order. The court has also
the inherent power to set aside a sale brought about by fraud practiced upon the court or
to set aside the order recording compromise obtained by fraud.
“ Charges of fraud and collusion like those contained in the plaint in this
case must, no doubt, be proved by those who make them – proved by established facts or
inferences legitimately drawn from those facts taken together as a whole. Suspicions and
surmises and conjecture are not permissible substitutes for those facts or those inferences.
By no means requires that every puzzling artifice or contrivance resorted to by one accused
of fraud must necessarily be completely unraveled and cleared up and made plain before a
verdict can be properly found against him. If this were not so, many a clever and dexterous
knave would escape.”
“ Fraud avoids all judicial acts, ecclesiastical or temporal” observed Chief
Justice Edward Coke of England about three centuries ago. It is the settled proposition of
law that a judgement or decree obtained by playing fraud on the court is a nullity and non
est in the eyes of law. Such a judgement/ decree – by the first court or by the highest court
– has to be treated as a nullity by every court, whether superior, or inferior. It can be
challenged in any court even in collateral proceedings have been reiterated.
“ Since fraud affects the solemnity, regularity and orderliness of the proceedings of the
court and also amounts to an abuse of the process of court, the Courts have been held to
be inherent power to set aside an order obtained by fraud practiced upon that court.
Similarly, where the court is misled by a party or the court itself commits a mistake which
prejudices a party, the court has the inherent power to recall its order”.
Therefore, no doubt that the remedy to move for recalling the order on the basis of the
newly discovered facts amounting to fraud of high degree, cannot be foreclosed in such a
situation. No court or tribunal can be regarded as powerless to recall its own order if it is
through fraud or misrepresentation of such a dimension as would affect the very basis of
the claim.
It is well-settled proposition of law that the extra ordinary power conferred under
Article 226 relating to commercial matters may apply with reluctance, but subsequently the
law has under gone a change by the subsequent decisions. The present case is not a mere
example of violation of an ordinary right of a citizen. Where the public functionaries were
involved in such a malafide and colourable exercise of power that may abridge or abrogate
the right of livelihood of a citizen duly guaranteed under Article 21 of the Constitution, the
remedy will still be available under the public law notwithstanding that a suit could be filed
for declaring the aforesaid transaction as void. This remarkable judgement is an exemplar
of a verdict given in a socially sensitized manner containing a complex exception to show
the people beacon light in favour of poor uneducated exploited mass who need a helping
hand from the legal profession and also from the Hon’ble Courts. This is an attempt to
prevent contagious virus of corruption, which is opposed to democracy and social order.
Unless this corruption is nipped in the bud that is likely to cause turbulence by a dreaded
communicable disease, the same will crumble the socio political system under its own
weight.
Hon’ble Supreme court has taken into account two spheres of dimensions to the right of
personal liberty against the sovereign power exercising its functioning with the police power
and restrictions imposing procedural safeguard in order to provide the public safety having
invasion of individual privacy as susceptible to abuse. The custodian violence and torture
by the police adopting third degree of interrogation and other agencies have been deemed to
be violative of article 21 and article 22 of the constitution of India. It has been held that the
importance of affirmed rights to deter breaches by the violence, torture and even death in
police lock up strikes a blow of rule of law. The police who is supposed to provide the
protection of citizens is committing such crime under the shield of uniform and authority in
the four walls of a police station of lock ups in which victim is being totally helpless.
Torture of human being by another human beings is essentially an instrument to impose
the will of the "strong over the weak" by sufferings. These are a calculated assault on
human dignity and whenever human dignity is wounded, civilisation takes a step
backward. Universal declaration of human rights in 1948 in reference to article 5 stipulates
"no one shall be subjected to be tortured or to be cruel inhuman or degrading treatment or
punishment". The constitutional guarantee provided in article 20 (3) provides that of a
person excused of an offence cannot be compelled to be a witness against himself. Article
22 (2) provides that the person arrested or detained in the custody shall be produced before
the nearest magistrate within a period of 24-hour of such arrest excluding the time
necessary for journey. The accused shall be informed of the ground of such arrest and shall
not been denied that right to concern and defend himself by legal practitioner of his choice.
The personal liberties is protected under article 21 except according to the procedure
established by law. Thus personal liberty is a sacred and cherished right under the
constitution (UBI JUS IBI REMIDIUM).
The Hon’ble supreme court has held in respect of the guarantees of the fundamental rights
to education to its citizen in Miss Mohini Jain Vs state of Karnataka 1992 (3). S.C.C. Page
666, while dealing with this aspect of constitutional bench in Unikrishanan J.P and others
Vs state of Andhra Pradesh (A.I.R 1993 S. C. Page 2178) has observed "Learning is
excellence of wealth that none can destroy, to man nought ,else affords reality of joy".
Quoting an old Sanskrit adage.
"Liberation from ignorance which shrouds the mind, the liberation from the superstition
which paralysis efforts, liberation from prejudices which blind the vision of the truth.
"victories are gained, peace is preserved , progress is achieved, civilisation is build-up and
history is made, not on the battlefield where ghastly murders are committed in the name of
patriotic , not in the council chambers were insipid speeches are spun out in the name of
debate, not even in factories were are manufactured novel, institutions which are the seatbeds of culture, where children in whose hands quiver the destinies of the future, are
trained. From their ranks will come out when they grow up, statesman and soldiers, patriot
and philosopher who will determine the progress of the land. In Keshavanand Bharti Vs
state of Kerala A.I.R 1973 S. C. Page 1431 Justice Matthew held "The fundamental rights
have no fixed content, most of them are empty vessels into which each generation must
pour its content in the light of its experience. It is relevant in this context to remember that
in building of just social order, it is sometimes imperative that the fundamental rights
should be somewhat related to directive principles. The following rights are held to be
covered world under article 21.
15.
Right to go abroad ( A.I.R 1967 S. C. 1836)
16.
Right to privacy (A.I.R 1975 S.C.1378)
17.
The right against solitary confinement. (A.I.R 1978 S.C 1675)
18.
Right against bar fetters (A.I.R 1978 S.C 1514)
19.
The right to legal aid (A.I.,R 1978 S.C. 1548)
20.
The rights to speedy trial (A.I.R 1979 S.C 1360)
21.
The right against hand cuffing (A.I.R 1980 S. C. 1535)
22.
The right against delayed execution (A.I.R 1983 S. C. 361)
23.
The right against custodian violence (A.I.R 1983 S C. 378)
24.
The right against public hanging (A.I.R 1986 s c. 467)
25.
Doctors assistance (A.I.R 1989 S. C 2039)
26.
Right to shelter (A.I.R 1990 S. C 630)
27.
the right to live with human dignity free from exploitation (A.I.R 1980 S. C 849)
and
28.
The right of livelihood (A.I.R 1986 S. C. 180) respectively were also considered
to be within ambit of article 21. Every endeavour has been provided till now to make
this article reverberate with life and articulate with meaning. It has been held that
authority not performing their statutory duties to enforce laws for the protection of
environment inre- J.T 1996 (2) S. C 196 and J.T 1996 (7) S. C. 775 are jeopardising
the right of life of the citizen. However the authorities have still to provide protection
by providing a fool proof. Safety to the passengers travelling inside the fast moving
train to avoid disastrous accident endangering a cynical disrespect towards the
glorious contents of life in positive language and the honourable court may interpret
life of law to serve the social purpose and felt necessity as sentinels on quinine as
guardian of human rights to the victim of fatal accidents, socio-economic crisis and
criminal actions to their dependants which is in the prevailing situation installing a
sense of fear at least by providing minimum of financial security.
Transparency of action and accountability are perhaps two possible safeguards which
the court enforcing the protection of fundamental rights must insist upon. Thus police
in India requiring to perform a difficult and delegate task in view of the deteriorating law
and order situation, communal riots, politics turns to student unrest, terrorist activities,
dealing with hard core criminals, drug peddlers, smugglers having strong root in society,
will feel difficulties in the detection of the crime committed by the hardened criminals.
Thus a balanced justice approach is needed to meet the ends of justice. The cure cannot
however, be worst them the diseased itself.
The state must therefore ensured that the various agencies deployed by it of highly
sophisticated technology is increasingly susceptible to abuse. The existence of public
emergency are in the interest of public safety relating to sovereignty, security, public
order and integrity of India and also for preventing incitement to the commission of an
offence may justify the right to hold a telephonic conversation and thus telephone
tapping would tantamount to interference and certainly be claimed against the right to
privacy unless it is permitted under the procedure established by law.
Right to freedom of speech and expression includes a right to express one’s convictions
and opinions freely by words of mouth, writing, printing, picture or in any manner
under article 19 (1) (a) of the constitution dealing with the provisions of section 5 (2) of
the telegraph act. Unless public emergency has occurred are the interest of public safety
demands, the authority have no jurisdiction to exercise the power under the said
section. The power vested under section 5 (2) shall not be issued except by home
secretary’s and there shall be a review committee consisting of cabinet secretary, law
secretary and secretary telecommunications appointed by the governor. It is not
disputed that no rules have been framed for the conduct of telegraph is under sections 7
(2) be of the act for providing precaution and preventing the improper interception or
disclosure of messages for combating terrorism act within the bounds of the law and not
to become the law themselves. In order to bring transparency and accountability, it is
desirable that the officer arresting a person should prepare a memo of his arrest at the
time of arrest in the presence of at least one witness may be the member of the family or
the respectable person of the locality. The date and time of the arrest shall be recorded
in the memo which must also be counter signed by the arrested person.
149.
150.
151.
152.
153.
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.
154.
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.
155.
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.
156.
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 biodata 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.
157.
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.
158.
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.
159.
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.
160.
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.
161.
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.
162.
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.
163.
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 ).
164.
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.
165.
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.
166.
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.
167.
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)
168.
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, gastrointestinal 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.
169.
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 .
170.
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.
171.
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.
172.
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.
173.
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.
174.
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.
175.
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 .
176.
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.
177.
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).
178.
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.
179.
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.
180.
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:K. 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.
L. 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.
M. 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.
N. The embossed patterns on the marble exterior of the cenotaph chamber wall are
foliage of the conch shell design and the Hindu letter ‘OM’.
O. 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:45.
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.
46.
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.
47.
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.
48.
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.
49.
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.
50.
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.
51.
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.
52.
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.
53.
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.
54.
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.
55.
Despite several centuries of Muslim occupation and canards of Muslim
authorship all the fort’s Hindu associations are intact. This is something
remarkable.
56.
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.
57.
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.
58.
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.
59.
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.
181.
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. Hinduism is 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.
182.
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.
183.
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 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 buildingthat 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”.
184.
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
185.
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.
186.
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.
187.
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.
188.
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.
189.
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-eAlamgiri, Muraqqa-e-Akbarabadi and yaadgaarnama and preserved in National archives
New Delhi.
190.
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).
191.
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.
192.
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.
193.
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.
194.
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. 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.
195.
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.
196.
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.
197.
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
198.
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,.
199.
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
200.
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 sof 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
201.
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 AgraDelhi 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.
202.
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.
203.
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.
204.
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
The object of education –
1. Whether enlightenment. 2. Whether wisdom 3. Whether character assassination. 4.
Whether upliftment of character. 5. Whether for national growth. 6. Whether for
diversification from other evils. 7. Whether for lead discipline life. 8. Whether for developing
the resistance against exhertion. 9. Whether for expenditure of money. 10. Whether for
having the uniform. 11. Whether for development of tolerance. 12. Whether for killing the
time. 13. Whether for reading of books. 14. Whether for develop friendly. 15. Whether for
development mental agony.
Subject of History.
1. Whether for advancement of the ancestral cultural heritage. 2. For knowing the
traditions. 3. For knowing our ancestors. 4. To knowing the past, its import and the
expectation for the future. 5. History is 3 fold presents / 3 dimensional picture. (i) having
the present with past memory. (ii) having the present with present existence in compared to
past. (iii) our present in anticipation of future development.
Archaeological Remains and Monuments
Archaeology is the study of things left in the past, whether on the ground or buried
under it. The things include buildings, statues, pictures, scriptures, ornaments, decorative
pieces of pottery, etc. The remains of stupas and temples help the study of art and
architecture and the culture and religious life of the people. The Ajanta paintings tell us
about the costumes, jewellery, hair-styles, things found inside the houses, the architecture,
etc. the digging of Harappa and Mohenjo-daro changed our old idea of Indian History. The
excavation (digging) at Nalanda showed the glory of our past system of education. The
digging out of the temples of Deogarh, in Jhansi gave evidence of the splendour of the
Gupta emperors.
What is History?
History is the story of the people of the past. To be history in the true sense, it must
be a record of their life and culture. History is no longer limited to the story of kings and
the way they ruled, the wars they fought and the expansion or contraction of their empire.
Along with these, history now helps us to know the condition and pattern of the lives of the
common people – how they met the basic needs of their life, what difficulties and challenges
come before them, what way they solved them, what they thought, felt and believed, what
new ideas awakened them, as expressed in their literature, architecture and art, what way
they contributed to the progress of our civilization, etc.
Why do we study the past?
It is a natural urge and curiosity in man. Think of the great men and women you
adore and admire. You surely love to know or read about their lives – their childhood, their
growing up, the hardships and challenges that came in their way, their devotion to a cause,
their suffering and sacrifices, their iron will, untiring work and great ideals before them and
their great achievements and successes.
We love to know the past.
You love to know the past of your favourite sportsman, favourite singer, favourite film
star, your ideal man or woman. So is the case with your country that you love so much.
You love to know its dazzling glories and great creations, the heights it reached in the realm
of thought and realizations, its dark days under foreign domination’s, its devotions to great
causes, its sacrifices and sufferings, its galaxy of great men and women and its unique way
of bringing different people closer and establishing unity in diversity. Would you not like to
know all these and more about your beloved motherland?
The past is an inspiration for us:
India’s ancient history is very rich and glorious. Once India was considered the most
prosperous and civilized country of the world. We had a very rich and vast literature, the
Rigveda is considered to be the oldest book in the world. We had institutions of higher
learning. It attached scholar form foreign lands. We had reached great heights in
astronomy, mathematics, medicine, and surgery. We had a long tradition of fine textiles. In
the past, India could develop a sense of cultural and emotional unity. We believed then that
there is only one God and the same God can be worshiped in many names, forms, and
manners. Ashoka, Kanishka, Harsha and even the Mughal emperor Akbar were very
tolerant and secular. The great awakening and realisation came with Jainism and
Buddhism, and the influence of the later spread far and wide beyond our boundaries. A. L.
Basham, a great historian, praised our country in these words, “India was a cheerful land
whose people reached a higher level of orderliness and gentleness than any other nation. In
no other country the relations of man and man and of man and the state were so far and
humane.” So our past is a source of inspiration for us.
The past is a lesson for the present:
Wise men take lessons from their past problems and mistakes. So our country can
take care that past mistakes are not repeated. Our past warns us of the danger of getting
entangled in our internal quarrels and neglecting the defence of our frontiers. It opens our
eyes to how caste system divides our society in many parts and sows seeds of separation
and ill feeling. It reminds us that complicated social and religious customs may lead to the
break up of our society. If in the past, India could become the world leader, there is no
reason that it should not be able to play a constructive role in the present day world.
Sources of Indian History
Our history is of several thousand years. We learn about our past from the various
sources left behind by our ancestors and not destroyed by time. History has to be based on
facts and evidence of various kinds. The evidences can be searched from literary sources,
inscriptions, coins, accounts of foreign people or visitors and archaeological remains and
monuments.
3. Literary Sources
Among the religious literature, the Vedas, the Upanishads and the two epics,
Ramavana and Mahabharata tell us mostly of the history and culture from the Vedic age to
the Gupta period. Buddhist literature and Jain literature also give us glimpses of the times.
Puranas give us some ideas of the political history of those times. Dramas, poems and
books written on law, administration, economics and grammar provide us very interesting
information about the life, habits, customs, punishments and the normal problems of the
people.
4. Accounts of Foreign People
Herodotus (5th century B. C.) gave a detailed description of the political conditions of
North-West India, through he never visited India. Aursian (4th century B. C.) gave details of
the invasion of Alexander. No Indian gave any account of this great happening.
Megasthenes, the Greek ambassador in Chandragupta Maurya’s court (4th century B. C.)
described in detailed the economic, political and social life of the people. Among the several
Chinese travellers, the accounts of Fa-hiem (beginning of the 5th century AD) who came to
the court of Chandragupta II and Hieum-Tsang (7th century AD) who was patronized by
Harsha gave valuable accounts of the life of the people and the administration of rulers.
3. Inscriptions
Inscriptions are written records engraved on rocks, stone, pillars and walls of
temples. Most of the early inscriptions are in Brahmi or Kharosti script. They provide
enough material about the economic, religious and social life of the people besides
administrative statements of kings. The inscriptions of Ashoka are the best examples of
administrative and religious types.
54 Muslims ostracised for supporting ‘Vande Mataram’
FIFTY-FOUR pro-BJP Muslims were excommunicated and their marriages nullified by
a local Mufti after they reportedly expressed the view that singing of national song Vande
Mataram was not un-Islamic, a fatwa which has sent ripples in the community in Agra.
While issuing the fatwa, Mufti Abdul Quddus Rumi declared that singing of the
national song “would lead them (Muslims) to hell.”
It was wrong for Muslims to sing Vande Mataram, the Mufti said, adding, those
advocating the song were deviating from the religion.
The fatwa also nullifies the wedding of those ex-communicated. Muslims who
statement in favour of the national song should offer prayers to renew their faith in Islam
and remarry according to Islamic rites, he said.
That around 1963-64 one of P. N. Oak articles published in some Gujarati papers
claimed that all of Ahmedabad’s 1000 mosques were 1000 captured temples and the mains
Bhadrakali temple was being misused by Muslims as their Jama Masjid.
Since Muslims are tutored to find every excuse to pick up a quarrel with the Hindus.
This was quite a novel, unheard of and unabashed plea Thanks to Allah, perhaps no
building by laws of any country demand that every building must be shorter than the local
mosque. Yet the Muslims everywhere are a law unto themselves. Their nurture trains them
to be on a perpetual prowl and keep up a continuous growl to terrify everybody and force
every non-Muslim to declare himself a Muslim that is how Islam was spread.
On further effort they ascertained the writer’s name as P. N. Oak and found out my
address. The owner of the firm then wrote a pathetic letter describing his anguish and
shock at the Muslim demand and requesting me to help him tide over the predicament by
my historical acumen.
The Ahmedabad Muslim got the shock of their life. Never in history had they ever got
such a stunning retort and rebuff.
A practical instance is provided by the description in Muslim chronicles of a
magnificent Krishna temple in Mathura which Mohammad Ghazni says could not have
been completed even in 200 years, and another in Vidisha (modern Bhilsa) which could
take 300 years to build.
Any identifiable details in earlier records of what is at present known as Taj Mahal,
luckily, Babur, the founder of the Moghul dynasty in India, who was the great great
grandfather of emperor Shahjahan, has left us a disarming and unmistakable description of
the Taj Mahal, if only we have the inclimation and insight to grasp it.
On page 192, Vol. II, of his Memories emperor Babur tells us Pp. 192 and 251,
Memoirs of Zahir-Ed-Din Mohamad Babur, Emperor of Hindustan, Vol. II, written by
himself in the Chaagatai Turki. Translated by John Layden and Willian Erskine; annotated
and revised by Sir Lucas King, in two volumes. Humphrey Milford, Oxford University Press,
1921. “On Thursday (May 10, 1526) afternoon I entered Agra and took up my residence at
Sultan Ibrahim’s palace.” Later on page 251 Babur adds : “A few days after the Id we had a
great feast (July 11, 1526) in the grand hall, which is adorned with the peristyle of stone
pillars, under the dome in the centre of Sultan Ibrahim’s palace.”
It may be recalled that Babur captured Delhi and Agra by defeating Ibrahim Lodi at
Panipat. As such he came to occupy the Hindu palace which Ibrahim Lodi, himself an allien
conqueror, was occupying. Babur, therefore, calls the palace at Agra which he occupied as
Ibrahim’s palace.
In describing it Babur says that the palace is adorned the peristyle of pillars.
Ornamental towers at the corners of the Taj Mahal plinth. “Great hall” which is obviously
the magnificent room which now houses the cenotaphs of Mumtaz and Shahjahan. Further
tells that in the centre it had a dome. Thus it is clear that Babur lived in the palace
currently known as the Taj Mahal from May 10, 1526, until his death on December 26,
1530, intermittently. That means that we have a clear record of the existence of the Taj
Mahal at least 100 years before the death of Mumtaz (the so-called Lady of the Taj) around
1630.
Vincent Smith tells us that “Babur’s turbulent life came to a peaceful end in his
garden palace at Agra.” This again is emphatic proof that Babur died in the Taj Mahal. Taj
Mahal is the only palace in Agra which had a spectacular garden. The Badshahnama refers
to the garden as “sabz zamini” meaning verdant, spacious, lofty, lush garden precincts.
“In the large octagonal hall (of the Mystic House) was set the jewelled throne, and
above and below it were spread out hangings embroider with gold, and wonderful strings of
pearls.”
The octagonal hall of the Mystic House is obviously the central octagonal hall of the
Taj Mahal in which a hundred years later Sahajahan raised the tomb of Mumtaz, and in
1666 Aurangzeb buried his father emperor Shahjahan. The Taj Mahal is called the Mystic
House because it originated as a Shiva temple replete with Vedic motifs. The same building
was also called the Great House because it was a magnificent royal residence.
There are two sepulchral mounds in the central chamber of the Taj which look like
Muslim tombs, and could very well be those of Mumtaz Mahal, one of thee thousands of
consorts of Shahjahan, and of Shahjahan himself. It is well known that many such mounds
are fake. Such mounds have sometimes been found on the terraces of historic buildings
where no dead person could be buried by one chance. Another reservation is that no
specific burial date of Mumtaz being on record it is highly doubtful whether she was at all
buried in the Taj. Period is mentioned a between six months to nine years of her death.
Such vagueness, even after a special palatial mausoleum is stated to have been constructed
for her body, is highly suspicious. Manuchi, an officer in the service of the East India
Company during Aurangzeb’s time, has recorded that Akbar’s tomb is empty. Who knows
then whether Mumtaz’s supposed tomb is not empty too. In spite of such weighty
reservations we are ready to presume that the two tombs could be those of Mumtaz and
Shahjahan.
SOME BLUNDER OF INDIAN HISTORICAL RESEARCH
Constitution alien rule in India for over a millennium has resulted in implanting in Indian
histories numerous blundering nations as sacrosanct concepts.
If by history we mean a factually and chronologically accurate account of a
country’s past current Indian histories deserve to be classed with Arabian Nights.
Such history must be repudiated and rewritten. Like a virus infection the blunder
of Indian historical research have affected other spheres too.
Feel deeply concerned at the alarming state of Indian history as it is being taught
in our education institutions, as it is being tackled on misleading assumption in
our research organizations and as it is presented to the world at large through
official academic channels.
The extent and depth of the inaccuracies and fabrications that bedevil Indian
history amount to a national calamity.
What is still more tragic is that beside the many distortions, perversions and
anomalies that abound in current historical texts there are many missing
chapters. Those missing chapters relate especially to the sway that Indian
Kshatriyas once held from Bali island in the South East pacific to the Baltic in the
north and from Korea of Arabia and possibly over Mexico. It is in that vast region,
at the very least, that the digvijayas (conquests)