Supplementary Affidavit -Taj

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IN THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD.

Index

Supplementary Affidavit

In Support of

Civil Misc. Writ Petition No. of 2004

(Under Article 226 of constitution of India)

(District Agra)

Institute of Rewriting Indian History Through its Founder President, P. N. Oak.S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,

Aundh, Pune 411007 and another

VERSUS

Union of India through Secretary,

Human Resources and Development (HRD.),

Government of India, New Delhi. And others ...Respondents

Sl. No. Particulars Dates Annexure Page No.

1. Supplementary Affidavit

2. True copy of the Report Published in Many Newspaper 1

3. Extract of the vedic culture in India written by the

petitioner

2

4. List of the Temple destructed by the Mughal Invaderscomprising of 634 temples.

3

5. Photographs Showing the lower construction hiddenfrom being access in Red Fort Of Agra

4

6. Photographs of the pillar having the Lotus, OM, inflower pot and Shiv Lingi in Deewane-e-Khas at Red

Fort At Agra.

5

7. Photographs of displayed on Marble Plank out side theTaj Mahal 6

8. Writing displayed about the replacement of the GoldKalash by Captain Joseph Tailor

7

9. Copy of the Literature by Archeological Survey ofIndia

8

10. Photographs of the files having Koranic script 9

11. Photographs from back side showing the construction 10

12. Marking of the Kalash on the terrace 11

13. Reshuffling of the main temple and the Sanskrit

Bateswar inscription

12

14 The Script out side the Mosque like appearance 13

15. Photographs of imposter Koranic Script on Buland

Darwaza ( Fatehpur Sikri)

14

16. Terrace of Anoop Mahal 15

17

18

19

20

The appearance of Shesh Nag of Fatehpur Sikri

news Item dated 9/7/2003published in Amar Ujala on

the basis of investigation conducted at Taj Mahal

news Item dated 20/7/2003published in Amar Ujalaon 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 AmarUjala on the basis of investigation conducted at Fateh

Pur Sikiri

16

17

18

19

Dated:-9th December,2004

Yogesh Kumar Saxena

Advocate, High Court

(Counsel for the Petitioner)

Chamber No.139, High court, Allahabad


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IN THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD.

Supplementary Affidavit

In Support of

Civil Misc. Writ Petition No. of 2004

(Under Article 226 of constitution of India)

(District Agra)

1. Institute of Rewriting Indian History Through its Founder President, P. N. Oak.

S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,

Aundh, Pune 411007

2. P. N. Oak. S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, GoodwillSociety, Aundh, Pune - 411007 ,Founder President, Institute of Rewriting

Indian History, Aundh, Pune 4110071-------------Petitioner

VERSUS

1. Union of India through Secretary,

Human Resources and Development (HRD),

Government of India, New Delhi.

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

New Delhi

3. Director General,

Archaeological Survey of India,

Government of India, Janapath, New Delhi.---------Respondents

Affidavit of Shailendra Pratap Singh ,Advocate, High Court

Aged about 30 years s/o Sri Mahendra Pal Singh

R/O. 62, Sahaj Puram, Sri Ram Chandra Mission Ashram

Mundera Chunghi, Mundera, 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 as the pairokar/agent 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


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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 Honble 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 introspections 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 theseidentities. 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


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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 gottheir 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 Honble Court as these monuments may be

protected in respect of their two identity otherwise the hue and cry listen at present from the

scream of the future citizens having the prospective atrocities repeated by fundamentalist

aggressors invaders to our great cultural heritage, may never forgive their curse to the

present system having the foundation of three institutions in our so called democratic set up

in our country

6. That these monuments are being neglected. The 150 year old Archaeological Survey of

India seems to have lost its direction and zeal to conserve the National treasures on account

of these scaffoldings committed by the interested parties having the control of these so-

called Mughal monuments under the provisions of Wakf Act, 1995 in Agra- Delhi circuit

due to all kinds of malpractice. A long list of charges against the mandarins in the Agra

ASI would shock any one concerned about preserving history and culture. The


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ASIs 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 Indias 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 theDistortion 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 FatehpurSikri 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


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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 termshave 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


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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 6inches 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


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placed outside the Taj Mahal as displaying the Script out side these monuments after

reshuffling of the main temple and the Sanskrit writing on the temple, taken from the out

side the building of Taj Mahal and the extract of writing shown by Sri P.N. Oak having

Sanskrit inscription on Bateswar inscription and the Script out side the Mosque like

appearance constructed on the fourth floor of the building of the Taj Mahal are filed

herewith and marked as Annexure No.S.A.9,10,11,12,13 to this Affidavit.

17. That On the other hand, it is resplendent immortal tear drop of deception by

converting the glorified palace comprising of four storey building having a Shiva Temple on

the top of Tejo-Mahalya (a palace of Lord Shiva commonly known as Tejo Ji by Jat

predominating inhibition of Taj Ganj area at Agra) on the cheek of time (probably during

Aurangzeb period which became the downfall of the Mughal period). The Archeological

Department alleges the construction of the building from 1628 A. D. onward upto 1656 A.

D. as displayed on the marble stone planted outsides the gate of Taj Mahal.

18. That the other aspect of the truth is hidden behind the four storey building of the

Palace covered with the mud comprising of the four garden towards the front side while

towards the back side adjoining to Yamuna river the lower portions of the building could not

be covered with the mud which demonstrate that the policy of Hide and Seek has been

adopted to provide a coverage of the period of actual construction of the building of TajMahal 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


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protect the monuments may be appointed by this Honble Court, are file herewith and

marked as Annexure No. S.A. 14, 15 ,16 to this Affidavit.

20. That the stairways now closed and shut down cleverly with the stone slabs by the

custodian of the building namely the walk Board after promulgation of walk Act 1995,

further provides the coverage to the deceptiveness of falsehood. It is curious to note that the

arches on the riverside have been closed up with rough brick-masonry which has been eased

exteriorly- towards the Yamuna river with red stone slabs bearing carved designs. This

masonry which is still going on inspite of the restriction imposed under the Ancient

Monument and Archeological sites and Remains Act, 1958 and the Ancient and Historical

Monument and Archeological sites and Remains (Declaration of National Importance) Act

1951.

21. That the basement, which is comprising of the Red Stone has been converted by

deleting the sign of Hindu construction of the building. Shah Jahan died in Agra Fort in

captivity in the early hours of the night of Monday, the 26 th 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 ShahJahan 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, Humayuns

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.


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23. That on the other hand ,the only imposter made by the invaders during Mugal

period are the fixation of the Koranic Script out side these monuments after reshuffling of

the main temple and the Sanskrit writing on the temple, the description of which is found in

BATESWAR INSCRIPTION now preserved in side the Lucknow Museum revealing the

date of construction of Hindu temple by Raja Paramdardi Dev, a Jat Ruler in 1155-1158,

while the palace remain in existence even prior to such period, may be seen by the close

scrutiny of the tiles planted on the main and side gates of the temple.

24. That the common symbols found at Fatehpur Sikri, constructional technique of all

these building in one category which are commonly represented as Hindu religious symbols

building. The letter of the Director General of Archeological Survey of India, New Delhi

Bearing D. O. letter number 54/16/73-M dated 22nd /24th May 1973 to Dr. R. Nath, Professor

of History Department and Historical research Documentation Programme, Jaipur

acknowledge the truth. It is alarming that although the voice of the great historical was

raised before the pavement stones of the main plinth of tomb of Humayun was replaced by

orthodox Muslims, the preservation of the masons 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


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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 Mahaviras

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


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the total height of the main mausoleum the total height of domb from the base of the drum

to the apex of the final is 145.8-1/4 inches. The distance from terrace on the internal side of

the gateway to the central marble tank is 412.6 feet. These are the list of the various

measurements of the Taj recorded by Moinuddin.

29. That the cost of a gate of onyx with mosaics and the gems has been recorded as

rupees 21,482 approximately while the network enclosure of silver and gold for the cell was

approximately counted as rupees 45,687. According to Moinuddin the weight of the Kalash

of the main dome is 33 Mounds and its cost is Rs. 13,688/- only. The cost of the tower of

Minar Mahal (Burj Minar Mahal Shah-Nashin Aiwan-Haye Khanah) is counted as Rupees

4,77,449 approximately. The whole marble complex resting on the Chameli Farsh

(comprised of plinth, four minarets and the main tomb) was built at the cost of rupees

1,05,23,063 which is more than one-fourth of the total cost incurred by Shah Jahan. It is for

the people to muster sufficient courage and be in a position to exercise a little scholarly

discretion regarding the truth of these dates which will conform that there was no

construction of the original structure but the scaffolding of the existing structure by

imposture of Koranic Script and the replacement of Sanskrit verses signifying the

construction the Hindu Shiva Temple already in existence prior to Mughal invasion The

peacock throne.30. That the institute of Islamic history culture and civilization Islamabad,

Pakistan has published a book on Thatta Architecture in 1982. This book disclose the

monument built by Mughal through bricks in their regions. It is important to notice that

there is brick built structure set have been raised during Shah Jahan period at Thatta. There

is no other name of any other Mughal ruler for construction of the mosque of Tughril Begh

showing the new technique to dome construction dated 1059 A. D. / 1649 A. D. by Shah

Jahan. The tomb of Esa Khan II Tarkhan having the domed tomb with pillared galleries

dated 1054 A. H. /1644 A. D. On these construction everywhere you may find the octagonal

brick built tomb with Hindu Symbol decorating the ceiling with Vedic scripture and

paintings but these monuments have least preserved by Archeological Department at

Pakistan.

31. That the tomb is enclosure of Bqqi Begh Uzbek showing the chronical dome on

octagonal drum is said to have been constructed on 1050 A. H. / 1604 A. D. The elevations

of the grave stones of Diwan Shurfa Khan showing the engraving decorated in typical

Tarkhan Style on the side of Cenotaph is dated 1038 A. H. / 1638 A. D. which is said to

have been construction during Shah Jahan reign at Thatta. The Amir Mohammad Khan

mosque at Thatta is a high soldiered single domed square brick built structure depicting

glazed tiles of Mughal Shah Jahan period is dated 1039A. H. / 1629A. D.. The Janis

Mosque of Thatta is said to have been built by Mughal Emperor Shah Jahan which has triple


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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,


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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, whichhave 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


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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 consistencyis 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


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rehabilitation of the refugees. There was no place for providing them the basic requirement

of shelter and for that reason, the government provided the shelter home for them. The

locality was not congenial for their adaptation. Thus the hostility amongst the people has

started generating their side effects. The civilisation is the beginning of the governance to

any nation. In absence of any co-ordination amongst the fellow citizens, the concept of

social embodiment was virtually evasive. Thus there was neither any co-operation nor co-

ordination amongst the citizens. The sole motto was to accumulate the resources for

advancement and to enforce their hypothetical illusive superiority amongst the other

inhabitant. Thus there was a complete absence of religious and spiritual concept in the

society.

44. That no man can survive in isolation. There is a rule of give and take. The

moment, one person is inclined to accept everything as a matter of his right, the person who

is inclined to give him his extra potential, withdraw the basic offer. This become the end of

social collaboration. No country is able to survive except by the will of the people. The

bitterness amongst the people may ultimately lead to a crisis on psychological level. Thus

the country required the coercive method for the enforcement of law and order situation.

This was on account of partition of India.

45. That the citizens, we the people contemplating of the infringement of theindefeasible 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 Honble 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


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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 anoffence pertaining to the reasonable restrictions regarding freedom of speech and

expression, to assemble ,to form associations and freedom to reside and move freely

throughout the territory of India.

48. That by the constitution (first amendment) Act 1951, there have been further

restrictions to practice any profession, or to carry on any occupation, trade or business for

professional or technical qualification as well as carrying on any occupation, trade or business

by the state and its instrumentality to the exclusion, complete or partial, of citizens. Thus the

question arises as to whether there may not be a valid test of classification based on qualities or

characteristics necessarily coupled with the object of legislation based on intelligible

differential, which has certain nexus with the realities of the time to dealt with the law and order

situation by providing necessary restriction over the unchecked liberty granted to the individual

detrimental to its integrity and sovereignty for prohibition to avail the benefit of equality clause

by taking the rescue for forbid classification. . There cannot be any enforceable fundamental

right to an individual for indulging in anti national activities. Thus the verdict given by the

Honble 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.


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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 beenintroduced by our constitution (Forty second amendment) Act, 1976(w.e.f 3.1.1977). The

insertion of new Article 31 C i.e. saving of laws giving effect to certain directive principles,

notwithstanding anything contained in the article 13, no law giving effect the policy of state

towards securing the principles laid down in part IV shall be deemed to be void on the

ground that it is in consistent with or takes away or abridge any of the right conferred under

the Article 14 &19 of the constitution. The Supreme Court of Mineva Mills Ltd. Vs Union

of India 1980 (3) S.C.C page 625 has laid down the same as unconstitutional holding "that it

virtually tears away the hearts of basic fundamental freedom without which a free

democracy is impossible. This is a charter of class legislation. The Article 31 D pertaining

to " saving of the law in respect of anti-national Activities" has already been omitted by the

constitution (Forty third amendment) Act 1977 w.e.f 13.4.1978. The other Article 39(f)

providing "Protection to children" by giving them opportunities and facilities in healthy

manner and in conditions of freedom & dignity and that childhood and youth are protected

against moral and material abandonment" has been inserted w.e.f. 3.1.1977. Equal justice

and free legal aid for securing justice to economically weaker classes and other disable

down trodden citizens under Article 39 A is on account of 42nd constitutional amendment.

The participation of workers in the management of industries and protection and

improvement of Environment and safeguarding of the forest in wild life under Article 43 A

and 48 A respectively have also been inserted by virtue of 42nd

constitutional amendment,


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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 jurists science, nor in jurists decision, but in society itself. The first requirement of

judiciary that it should correspond with actual feeling and demand of the life. Unfortunatelywe 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 Madrasis and so on , will vanish. You may go


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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 Honble 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 Honble Supreme Court to the administration at large in the public interest litigations

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 atedious process, is required to be provided by foolproof system for the benefit of the public.

The comedy of error does not lie in our celebrated principles but since there is a complete

erosion of the fear from the mind of the citizen indulge in violating the law and there is no

machinery to make a control upon the simple invasion of such right, the public is bound to

adhere what is given to it by the grace of the public servant.

56. That even article 226, viewed on under prospective may be mean to ventilation of

collective or common grievances as distinguished from assertion of individual rights,

although the traditional view, backed by precedents has opted for the narrower alternative

public interest is promoted by a spacious consideration of laws standing our socio-economic

circumstances and conceptual latitudenariarism permits taking liberties with

individualization of the right to involve the higher courts where the remedy is shared by a

considerable number particularly when they are weaker less litigation consistent with the

fair process is the aim of aim of adjective law.

57. That the Freedom of expression may be necessarily including right of information.

There is no expression with out having an idea on the subject, regarding which the

expression of an individual may be given effect to change the existing values an ideology

which are based on the notable extracts of certain facts .An enlightening informed citizen

would undoubtedly enhance democratic values (Peoples Union for Civil liberty (P U C L)

Vs. Union of India) (2003) 4 SCC para 94.

58. That The freedom of speech and expression is basic to indivisible from a

democratic polity .It includes right to impart and receive information. Restriction to the said

right could be only as provided in article 19(2). Right of a voter to know the bio-data of the

candidate is the foundation of the democracy. The old dictum let the people have the truth

and the freedom to discuss it and all will go well with the Government should prevail. The

true test for deciding the validity of the Act is whether it takes away or abridges

fundamental right of the citizens. If there is direct abridgement of the fundamental right of


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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). (Peoples 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)

(Peoples 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 offreedom 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 .


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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 Jehovahs 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

Honble 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 Jehovahs

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 anyperversity. 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


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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 underthe 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


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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


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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 predicatedthat 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


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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 Mahals 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


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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 Sahajahans 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 Singhs 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 Aurangzebs

letter to his father emperor Sahajahan, dated July-August 1652 AD,records that the several

buildings in the fancied seven- storeyed burial place of Mumtaj were so old that they were

all leaking, while the dome had developed a crack on the northern side. (The letter s

recorded in at least three chronicles titled Aadaab-e-Alamgiri, Yaadgarnama and Muraqqa-I-

Akbarbadi).

80. That the Aurangzeb, therefore ordered immediate repairs to the building, while

recommending to the emperor for more elaborate repairs later, which is a proof that during

the Sahajahans 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 theInstitute 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 Sahajahans 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 th

Supplementary Affidavit -Taj

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Transcript of Supplementary Affidavit -Taj