sri p. n. oak synopsis

7/31/2019 Sri P. N. Oak Synopsis

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IN THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD.Civil Misc. Writ Petition No. 36818 of 2004(Under Article 226 of constitution of India)

(District Agra)

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

Aundh, Pune 4110072. P. N. Oak. S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, GoodwillSociety, Aundh, Pune - 4110071. Founder President, Institute of RewritingIndian 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.

---------------------

That the controversy involved in the present writ petition filed on behalf of the petitionersinstitution, namely, Institute for Re-writing Indian (and World) History.

It is submitted that on account of hiding the ground floor from the exposure to the publicof all these monuments, there has been the complete neglect resulting in demolition ofthe of the existing structures of all the three monuments. It has come to notice of thegeneral public through different media reports, that Taj Mahal and other monuments aredying and there has been the tilting of the minarets and its foundation may be sinking.The petitioner is further placing the photographs having the description written byArcheological 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 builtduring reign of emperor Shah Jahan from 1628 to 1656 AD, while Anjuman Bano theniece of emperor Noor Jahan and the daughter of Mirza Gihas Beg admittedly died on17th June 1631, The true copy of the Photographs and writing displayed on the marble

plank out side the Taj building that the doors affixed towards Yamuna side were foundfor being carved out from the wooden material, which were found to be aged aboutmore than 800 years at Brookline University, through carbon dating test-14 conducted inAmerica and as such these doors have been mysteriously disappeared by the interestedparties 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 whiletwenty two chambers were hidden inside the red stone building, for which, there isdescription in Moinnudeen Book The Taj and its Environments.

Sri P.N. Oak was born on 2nd March 1917 at Indore and he fought the battle ofindependence 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 theWorld. He is now running at the age of above 87 years.

I am unjust, but I can strive for justice,My lifes unkind, but I can vote for kindness.

I, the un-loving, say life should be lovely,I, that am blind, cry against my blindness.

That the dawn of independence has virtually came with confrontation of manyproblems for effective administration. The foremost and the prominent problem wasrehabilitation of the refugees. There was no place for providing them the basic requirement ofshelter and for that reason, the government provided the shelter home for them. The localitywas not congenial for their adaptation. Thus the hostility amongst the people has startedgenerating 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


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was virtually evasive. Thus there was neither any co-operation nor co-ordination amongst thecitizens. The sole motto was to accumulate the resources for advancement and to enforce theirhypothetical illusive superiority amongst the other inhabitant. Thus there was a completeabsence of religious and spiritual concept in the society.

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 togive him his extra potential, withdraw the basic offer. This become the end of socialcollaboration. No country is able to survive except by the will of the people. The bitternessamongst 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 onaccount of partition of India.

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 promulgatedby judicial activism to fight their own battle in the forum available to them under social actionlitigation. The Honble Supreme Court has put an end to instrument of status upholding thetraditions of Anglo Saxon jurisprudence and resisting radical innovation as honest in the use ofjudicial 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 forthe society as a whole and strengthens forces of National integration. The purposeful role formore active creative in deciding it by the court of law is by not what has been but what maybe. This is the role and purpose of law for the sovereign power of we the people asenumerated in our preamble constitution of India. Politicians act in nefarious designs withimpunity. Political parties motivated with vested interests are dancing to usurp power throughany means, fair or foul even at the cost of sacrificing the Nations existence to personal interest.Party systems have pushed to advance its own schemes upon the ruin of the rest. Ourpoliticians are Mafia dons next to the invaders. Robbers have generally plundered the rich whoare seldom subjected to legislation always plunder the common citizens and protect those Mafiadons 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 andunfair 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 thana 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 Honble Supreme Court acted as an instrument of status quo-upholding thetraditions of Anglo-Saxon jurisprudence and resisting radical innovations in the use of thejudicial power to promote social justice under the republican constitution till early 1970 withsome Honble expectations, but in the light of a social economic philosophy alien to our freedommovement and aspiration of the liberated people, the Apex Court has started a givingimportance to the rule of Law with tryst with destiny. The outstanding judicial activism in thequest for social justice came by the enormous contribution of Honble Supreme Court in the

recent years. The use of new found judicial power in the service of WE THE PEOPLE OF INDIAwho has often being represented in the judicial forum have always been at the receiving end ofmal-administration and exploitation.

These are the extract of code of ethics of law andjudicial institution in ManuSmiriti:- 9th chapter of code of Manu- Importance of Justice

All the members of the court are considered as wounded, wherejustice is found wounded with inequity, and judges do not extract thedart of inequity from justice or remove its blot and destroy inequity,in other words where the innocent are not respected and the criminalare not punished. Ib 12

A virtuous and just person should never enter a court and when hedoes so, he should speak the truth; he who holds his tongue on


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seeing injustice done, or speaks contrary to truth and justice, is thegreatest sinner.Ib.13

Justice destroyed destroys its destroyer; and justice preserved,preserves its preserver. Hence, never destroy justice, lest beingdestroyed, it should destroy thee.Ib.14

In this world justice or righteousness alone is mans friend thatgoes with him after death. All other things or companions part on thedestruction of the body and he is detached from all company. But thecompany of justice is never cut off. Ib.15

When injustice is done in the government court out of partiality, itis divided into four parts of which one is shared by the criminal ordoer of injustice, the second by the witness, the third by the judges,and the fourth by the president king of an unjust court.Ib.17

That this writ petition is moved to re-establish the truth and cultural heritage of ourCountry. This writ petition is pertaining to the world marvel, one of the Seven Wonders of theWorld, 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 ourtradition and culture and evidence of glorious-marvelous architectural achievement and furtherto that it is a part of our heritage. Fraud upon history should not be perpetuated as life isevaluated in the perspective of history. For the sake of history of heritage, these monumentsshould be identified, protected and preserved properly in the right perspective with righthistorical records of creation and construction of truth and realities, which includes rectifyingand/ or correcting the wrong records, notions, motivated dis-information and mis- information. The following prayers are made in the present Writ Petition:- 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 bythem in respect of their purported claim set-up in declaring Taj-Mahal, Red- fort Agra, Fatahpur Sikiri

and other ancient Hindu buildings/ monuments as Mughal monuments and restrain them fromdisplaying the authorship of these buildings as constructed by Sahajahan or by any Mughal Invaders astruth may be disclosed to the public/citizens and Students in Subject of History regarding their trueauthorship prior to Mughal period in furtherance of their fundamental rights conferred to the Citizensunder Article 19 (1) (a), 25 and 26 read with49 and 51-A(f) (h) of Constitution of India and Freedom OfInformation Act, 2002.

Issue a writ, order, direction in the nature of mandamus declaring the provisions of The Ancient AndHistorical 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 ArchaeologicalSites namely Taj Mahal. Fatehpur-sikiri, Agra Red Ford, Ethmadualla and other Monuments as built byMugal 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 therebymisusing the archaeological studies, as ultravires to Article 19 (1) (a), 25,26 49 And 51-A (f) (h)constitution of India and this Honble Court may further declare the provision of Ancient and HistoricalMonuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 (71of 1951), The Ancient Monuments And Archaeological Sites And Remains Act, 1958 of declaring theseancient building/ monuments preserved with such false identity with out any scientific inquiry/investigation as purported Mughal monuments / graveyards as unconstitutional and void.

Issue a writ, order, direction in the nature of mandamus on the basis of the Research Conducted by thepetitioner No.-2 as published in the different books written by him as referred in earlier paragraphsnamely 1. World Vedic Heritage, 2. The Tajmahal is a Temple Place, 3.Some Blunders of IndianHistorical 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 isTejomahalaya 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 SADAN2, B. D. Chambers, 10/54 D. B. Gupta Road, Karol Bagh, New Delhi-110005, the truth may be exposedthrough Scientific inventions and temperaments to the Citizen/ Students of history by conducting theresearch/ excavations of the remains of Hindu monuments by the Central Government surroundings toall such Hindu Palace/ temple and other ancient archaeological building/ Monuments as the incidentslike demolition of disputed structure at Ayodhya may not be repeated resulting in mass destruction ofthe public property shacking of public confidence under Rule Of Law in the society.

Issue a writ, order, directions in the nature of mandamus directing the respondent authorities after dueScientific 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 byShahajahan and thereby directing the Archaeological Survey of India to remove the notices displayedby them in the Taj Mahal premises crediting Shahjahan as its creator and to further desist from writing /


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publishing / proclaiming / propagating and teaching about Shahjahan being the author of Taj Mahal andstop and discontinue the free entry in Taj Mahal premises on Fridays in the week.

Issue a writ, order, direction in the nature of mandamus directing the respondent authorities inparticular Archaeological Survey of India 1)-to open the locks of upper and lower portions of the 4storeyed building of Taj Mahal having numbers of rooms, 2)-to remove all bricked up walls build laterblocking such rooms therein, 3)-to investigate scientifically and certify that which of those or bothcenotaphs are fake,4)-to look for a sub terrace storey below the river bank ground level, 5)-to look intoafter removing the room-entrance directly beneath the basement cenotaph-chamber.6)- by removingthe brick and lime barricade flocking the doorway, 7)-to look for important historical evidence such as

idols and inscriptions hidden inside there by the Shahjahans orders as truth may not make us rich butthe same will make us free from superstitions and false propaganda of some of fundamentalists.

Constitution of India Maintainability Of Writ Petition- Article 12- Public Interest Litigation.

In Marbury v. Madison 1 Cranch 137 (1803)-In case of conflict between law made by parliament (Congress) and

the provision of Constitution, the duty of the Court is to enforce Constitution and ignore the law.

From Ratlam Municipality v. Vardhi Chand A.I.R. 1980 S.C. 1622, the Supreme Court has held that the concept

of Public Interest Litigation is to enforce the provisions of Constitution of India in respect of the mandate issued in

Chapter III, which is more the less the duty caste upon the authorities for protection of Fundamental Right and to

endeavor the D Directive Principle of State Policy. Article 19 Burden of Prove Nature and Extent of Right

Distinguished form statute rights - Dhram Dutt v. Union of India (2004) Vol. 1 SCC 712 a restriction on theactivities of the Association is not a restriction on the activity on the individual citizen forming membership of

Association Indian Council of World Affairs Act, 2001 under challenged Right and Restriction to be dealt withArticle 19 (2) to (6) Article 300A and 19 (1) (f) Tibia Collage case AIR 1962 SC 448 followed. Society is

incapable of holding property.

Peoples Union of Civil liberties vs. Union of India (2004) Vol. 2 SCC 476 freedom of Speech includes Right of

Information as a fundamental right.

Union of India vs. Naveen Jindal (2004) 2 SCC 510- flag code -Emblems and Names (pervasion of Improper use )

Act, 1950 and prevention of inserts to National Honour act, 1971 fling of nation is a symbols of free expression 19

(1)(A) thus a fundamental right American right to burn nation US flag is not approve in India. Right to fling nation

is a fundamental duty but they are subject to restriction under chapter VI A Article 51 A. Article 141 Precedent- observation form a judgement have to be considered in the light of question refereed therein

Mahatab Dawoed Shaikh vs. State of Maharastra (2004) 2 SCC 362

Article 13- Government Circular- not law within its meaning- State of Kerela vs. Chandra Mohanan (2004) 3

SCC 429 .

Prohibition on sale of eggs within Rishikesh municipality- Not Unreasonable Restriction and the same should be

viewed from Religious Background Major Source of Revenue to the Municipality under section 298 -Om Prakashvs. State of U. P. (2004) 3 SCC 402.

The Honble Supreme Court has recently laid down in case of State of Karnataka Vs. Praveen Bhai Thogadia

( Doctor) AIR 2004 SC 2081, while dealing with the ambit and scope of Article 25 and its Preamble Secularism

that the core of religion based upon spiritual values, which the Vedas, Upnishads and Purans were said to reveal tomankind seem to be; Love others, serve others, help ever, hurt never and sarvae jana sukhino bhavantoo. One

upmanship in the name of religion, whichever it be or at whomsoevers instance it may be, would render

constitutional designs countermanded and chaos, claiming its heavy toll on society and humanity as a whole, may be

the inevitable evil consequence, whereof.

India is the worlds most heterogeneous society with a rich heritage and its Constitution iscommitted to high ideas of socialism, secularism and the integrity of the nation. As is well

known, several races have converged in this subcontinent and they have carried with themtheir own cultures, languages, religions and customs affording positive recognition to thenoble and ideal way of life unity in diversity. Though these diversities created problemsin early days, they were mostly solved on the basis of human approaches and harmoniousreconciliation of differences, usefully and peacefully.

MAINTAINABILITY OF THE WRIT PETITION OR A PUBLIC INTEREST LITIGATION BYHONBLE COURT.

Whether the ambit and scope of jurisdiction covered under Article 226 of the Constitution ofIndia may not entail to this Honble court to decide this writ petition to expose False hood?

Whether in absence of any proof through positive indications proving the construction ofany building by MUGAL INVADERS, the entire world will befouled regarding their authorshipon our ancient vedic culture Hindu monuments even after our independence and existence


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of fundamental rights in Constitution Of India and guarantee therein to its citizen and ourchildren?

Whether we remain the silent spectator of the collapse of 4 minarets of our Taj Mahal dueto the control of fundamentalist under the provision of Wakf Act, 1995 in order to conceal theHindu Palace identity hidden inside two or three storey Red stone building?

Whether concern individual Institute of Rewriting Indian History through its FounderPresident, P. N. Oak is an aggrieved person to prove his locus standi in the matter even inpublic interest litigation having the genuine cause envisaged to protect the innocent citizenfrom the false hood of aggressions imposed by invaders Mughal rulers still having the

reprehensible impact upon the non violent patriotic citizens craving to protect our ancientcultural heritage Monuments.?

Whether from false scaffolding their identity adversely affecting the existence of Citizens,which is endangering the very existence of Taj Mahal, Fateh pur Sikiri and Agra Red Ford andother Monuments, having falsehood in teaching of children, students of history the futurecitizens and having character assassinations of nation by falsehood and misrepresentation tothe tourists and other foreign visitors on the dictate of Mughal minority under appeasementpolicy?

Whether the credentials of the petitioner Institute of Rewriting Indian History Through itsFounder President, P. N. Oak are not sufficient for upgrading the individualistic approach asthat of widely shared approach of the majority of the members of the Public, Children andthe tourists visiting our Monuments?

Whether the submissions raised in respect the character assassination of the authoritymay not be treated as public interest litigation to protect the Rule of Law and thereby topreserve the constitution of India?

Whether Sri P.N. Oak was born on 2nd March 1917 at Indore and he fought the battle ofindependence in association with Neta Jee Sri Subhash Chandra Bose and thereafterconducted the research on the ancient Vedic Cultural Heritage in India and also in differentpart of the World.?

Whether Sri P.N. Oak is now running at the age of about 88 years having a society and atrust namely the Institute Of rewriting History duly exempted Under Section 80-G of theIncome Tax Act on account of his research work based on vedic ancient culture andpropagation thereof is the imposture and interloper impersonating falsely as public crusaderof justice and thereby acting probono publico to assail the validly of The Ancient MonumentsAnd Archaeological Sites And Remains Act, 1958 (as amended to Act No. 71 of 1951)?

Whether the credentials of the petitioner are sufficient to approach as that of widely sharedapproach of the majority of the members of the Public, students, spiritual leaders, and other

historians?

Whether it was authorised to file litigation, If so by whom, Whether it has sufficient funds toindulge in such litigation and Basis for alleging harm to public interest- The informationconveyed to the Honble court is sufficient to entertain the present writ petition on the basisof the secondary evidence of Badshahnama, Aurangzeb Letter of 1653, expert evidencethrough carbondating- 14 report and scaffolding of the original building through impostureKoranic script and closer of red stone building below marble stone temple /graveyards at TajMahal and the tunnels through the lower ground portion of Agra Red Fort connectingFatehpur Sikri, Taj Mahal, Etmadullah and Sikandra and the symbols of the Hindu Religionpresent upon them?

Whether the facts finding committee may be appointed for revealing the truth on the basisof the writing of Sir H. M. Elliot. K.C.B.- The Posthumous Papers titled as History of India by itsown Historian comprising of Eight Volume published by Kitab Mahal 56-A Zero RoadAllahabad at present 15 Thornhill Road Allahabad, which shall be reproduced?

Whether there be the existence of symbol like Swastik, OM, Lotus, Snake, Peacock, andTrident in every carving out of the structure to the public at the multiple two fold graves ofSahalahan and Mumtaj?

Whether the coconut with mango leaf put on the top of the pitcher is the symbol of worship

of Hindu , Which has been concealed by scaffolding with these identities?.


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What is hidden inside the dome structure, which is never allowed to be visited to itsvisitors?.

Whether there be any octagonal building chosen by a Mughal Ruler, which is a symbol ofrecognition of eight directions/ dimension of the universe recognize by Hindu religion?

Whether any one may imagine it as the truth that the Koranic scripts is carved out on thetiles , which has been pasted by removing the existing recital of Sanskrit Stanzas written bythe creator of the said temple?.

Whether the Union of India pose any justification for closing of the red stone building byplacing the mud on the front side up to plinth of marble construction?

Whether the Govt. of India may provide any justification for closer of the doors of the twostory building made out of the red stone visual towards the back side of the Taj Monumentswith the doors permanently sealed through its imposture stone planted from out side forhiding the truth regarding the actual authorship of this monuments of national importance?

That the framer of constitution has miserably forgotten the basic and elementary

principles of jurisprudence and legal theory; that "every night implies the forbearance onthe 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 ofour constitution was not having the boosting prospects to its citizens for resolving Indiaas "Sovereign democratic republic and for endeavour the unity of nation till 3rd January1977.

That these fundamental duties ten in numbers touch almost all important aspects ofNational life of an individual life of an individual as well as nation. These are true MagnaCarta by adopting an adhering to which in our life. We can achieve the objective of anegalitarian society, free from corruption, oppression, favoritism, and nepotism. Each ofthese 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 -aneducational institution; a public undertaking etc. The present day crisis is the result ofthe phenomenon where tried to achieve right while forgetting corresponding duties asreciprocal to fundamental rights. We may get rid of the despotic and corrupt tendenciesof authority in politics and administration having pressure groups ever hungry andlustful for privilege and power.

That by the constitution (first amendment) Act 1951, there have been furtherrestrictions to practice any profession, or to carry on any occupation, trade or businessfor professional or technical qualification as well as carrying on any occupation, trade orbusiness by the state and its instrumentality to the exclusion, complete or partial, ofcitizens. 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 oflegislation based on intelligible differential, which has certain nexus with the realities ofthe time to dealt with the law and order situation by providing necessary restriction overthe unchecked liberty granted to the individual detrimental to its integrity andsovereignty for prohibition to avail the benefit of equality clause by taking the rescue forforbid classification. . There cannot be any enforceable fundamental right to anindividual for indulging in anti national activities. Thus the verdict given by the HonbleSupreme Court in Minerva Mills Limited Vs Union of India 1980 (3) SCC 625 is required tobe reviewed for effective enforcement of the duties caste upon the citizen by passingthrough the test of "Form and Object" and "Pith and Substance" to mould and replace bythe test of "Direct and Inevitable" effect.

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). Theinsertion of new Article 31 C i.e. saving of laws giving effect to certain directiveprinciples, notwithstanding anything contained in the article 13, no law giving effect thepolicy of state towards securing the principles laid down in part IV shall be deemed to bevoid on the ground that it is in consistent with or takes away or abridge any of the rightconferred under the Article 14 &19 of the constitution. The Supreme Court of MinevaMills Ltd. Vs Union of India 1980 (3) S.C.C page 625 has laid down the same asunconstitutional holding "that it virtually tears away the hearts of basic fundamentalfreedom without which a free democracy is impossible. This is a charter of classlegislation. The Article 31-D pertaining to " saving of the law in respect of anti-nationalActivities" has already been omitted by the constitution (Forty third amendment) Act1977 w.e.f 13.4.1978. The other Article 39(f) providing "Protection to children" by giving


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them opportunities and facilities in healthy manner and in conditions of freedom &dignity and that childhood and youth are protected against moral and materialabandonment" has been inserted w.e.f. 3.1.1977. Equal justice and free legal aid forsecuring justice to economically weaker classes and other disable down trodden citizensunder Article 39 A is on account of 42nd constitutional amendment. The participation ofworkers in the management of industries and protection and improvement ofEnvironment and safeguarding of the forest in wild life under Article 43 A and 48 Arespectively 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 andthe Govt. was not compelled to impose the emergency, the farmer of the constitutionhave neither given any heed for the insertion of the chapter of fundamental duties anddirective policies for the uplift of the poor worker, children and other disabled person. Itis certainly a matter of grade disappointment that till date these fundamental duties anddirective principles of state policy have still not been enforce as that of the fundamentalrights of the citizens, The country may be ruled down by functioning anarchy andoligarchy, but the prosperity, integrity and solidarity of the nation is impossible withoutthe enforcement of the duties assigned to its citizens.

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 thewelfare of the people by securing and protecting a social order and to strive to minimizeinequalities in income and endeavour to eliminate inequalities in status facilities andopportunities not only amongst individuals, but also amongst groups engaged indifferent vocations.

Honble Supreme court has taken into account two spheres of dimensions to the right ofpersonal liberty against the sovereign power exercising its functioning with the policepower and restrictions imposing procedural safeguard in order to provide the publicsafety having invasion of individual privacy as susceptible to abuse. The custodianviolence 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 theconstitution of India. It has been held that the importance of affirmed rights to deterbreaches by the violence, torture and even death in police lock up strikes a blow of ruleof law. The police who is supposed to provide the protection of citizens is committingsuch crime under the shield of uniform and authority in the four walls of a police stationof lock ups in which victim is being totally helpless. Torture of human being by anotherhuman beings is essentially an instrument to impose the will of the "strong over theweak" by sufferings. These are a calculated assault on human dignity and wheneverhuman dignity is wounded, civilisation takes a step backward. Universal declaration ofhuman rights in 1948 in reference to article 5 stipulates "no one shall be subjected to betortured or to be cruel inhuman or degrading treatment or punishment". Theconstitutional guarantee provided in article 20 (3) provides that of a person excused ofan offence cannot be compelled to be a witness against himself. Article 22 (2) providesthat the person arrested or detained in the custody shall be produced before the nearestmagistrate within a period of 24-hour of such arrest excluding the time necessary forjourney. The accused shall be informed of the ground of such arrest and shall not beendenied that right to concern and defend himself by legal practitioner of his choice. Thepersonal liberties is protected under article 21 except according to the procedureestablished by law. Thus personal liberty is a sacred and cherished right under theconstitution (UBI JUS IBI REMIDIUM).

That there are virtually no individual fundamental rights except the right conferredunder 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 gradualadvancement of the judicial activism, the basic fundamental duties embodied in ourconstitution, have now been regarded as enforceable rights of the citizen without takinginto consideration as to whether the person, who is coming forward for seeking theenforcement of such duties by the state, may actually deserve for such enforcementunder an equitable discretionary jurisdiction of the constitutional courts in India. This is abasic flow in the process of judicial verdict. There is the need that the impact andimplementation 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 14having two connotation, i.e.. Equality before the law and the equal protection of the laware not the same phraseology, although they appears to serve a common objective toeradicate the social evils of inequalities and discrimination.


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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 toarbitrariness. Since the license may not be given to a blind man to drive a car, howworthwhile it may be to give the similar license to a criminal to do every sort ofatrocities being committed by indulging into the crime of the innocent people. There areinherent restrictions applicable for the enforcement of the individual personal rightunder article 19, which empowers the state to enforce reasonable restriction on theexercise of the right of the people in the interest of sovereignty, integrity of Indiasecurity of the state, friendly relations with foreign state, public order, decency or

morality etc. including the incitement to an offence pertaining to the reasonablerestrictions regarding freedom of speech and expression, to assemble ,to formassociations and freedom to reside and move freely throughout the territory of India.

It has been observed by the Honble Courts that where the power is conferred toachieve a purpose it has been repeatedly reiterated that the power must be exercisedreasonably and in good faith to effectuate the purpose. And in this context in goodfaith means for legitimate reasons. Where power is exercised for extraneous orirrelevant considerations or reasons, it is unquestionably a colourable exercise of poweror fraud on power and the exercise of power is vitiated.

The Honble Supreme Court has also held that Pithily put, bad faith whichinvalidates 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 bysimulation or pretension of gaining a legitimate goal. If the use of the power isfor the fulfilment of a legitimate object the actuation or catalysation by maliceis not legicidal. The action is bad where the true object is to reach an enddifferent from the one for which the power is entrusted, goaded byextraneous considerations, good or bad, but irrelevant to the entrustment.When the custodian of power is influenced in its exercise by considerationsout side those for promotion of which the power is vested the court calls it acolourable exercise and is undeceived by illusion.

Transparency of action and accountability are perhaps two possiblesafeguards which the court enforcing the protection of fundamental rightsmust insist upon. Thus police in India requiring to perform a difficult anddelegate task in view of the deteriorating law and order situation, communalriots, politics turns to student unrest, terrorist activities, dealing with hardcore criminals, drug peddlers, smugglers having strong root in society, willfeel difficulties in the detection of the crime committed by the hardenedcriminals. Thus a balanced justice approach is needed to meet the ends ofjustice. The cure cannot however, be worst them the diseased itself.

The state must therefore ensured that the various agencies deployed by it of highlysophisticated technology is increasingly susceptible to abuse. The existence of public

emergency are in the interest of public safety relating to sovereignty, security, publicorder and integrity of India and also for preventing incitement to the commission of anoffence may justify the right to hold a telephonic conversation and thus telephonetapping would tantamount to interference and certainly be claimed against the right toprivacy unless it is permitted under the procedure established by law.

That Professor Laski says ". The centre of legal solidarity lies not in legislation, nor injurists science, nor in jurists decision, but in society itself. The first requirement ofjudiciary that it should correspond with actual feeling and demand of the life.Unfortunately we are still upholding the traditions of Anglo Saxon jurisprudence andresisting 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 isstill required to be traced down the beating the sticks over the impressions left behindby passing through a snake of alien power ruling over the nation. Such traditions havingthe glimpse of slavery was least concerned with the relief to the litigants but continuedto perform the deception by making the litigant as specimen in the process ofadvancement of the judicial system. There are conflicting decisions which weresubsequently overruled but by that time the cause of the litigant was decided on thewrong precedents.

The judicial review is the heart and soul of the constitutional scheme. The judiciary isconstituted the ultimate interpreter of the Constitution and is assigned the delicate taskof 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.Virus of the provisions


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Whether the Provisions of Legislation are beyond legislative competence?

Whether the Provisions of Legislation are Contrary to the object?

Whether the Provisions of Legislation are Unconstitutional having no scientific

authoritative dictate of Sovereignty during pre-independence Indian condition in order to

private rift between Hindu and Muslim thus unconstitutional?

Whether the Provisions of Legislation are in conflict with the right conferred under 19 (1)

(A),Article 19(1)C, 25, 26, 49, 51-A (f) &(h) of the Constitution of India?

Whether the Provisions of Legislation are Unreasonable restriction for having scientific

investigation and there by providing impediment for the progress and leading to the

stagnation of the Nation?.

Whether the Provisions of Legislation are Contrary to the object sought to be achieved for

extraneous political consideration?.How does an Act may affects other provisions of Law resulting in denial of freedom of

expressions and put a restriction on free movement

If foreigners are allowed to visit graveyard only, How does the Indian Government is

justified towards their expenditure which they have incurred in vesting Taj Mahal?.

Whether the Government can be the guilty and punished for committing the fraud, then who

is liable for punishment?.

Evidence in support of temple.

Badshah Nama.

Auranggeb letter written on 16th Aug. 1652.

Carbon dating of the doors establishing the age of dead wood 800 years old.

Farman issued by Shahjahan to Maharaja Jai Singh.

Order of Maharaja Jai Singh to Bikanes archieve for supply of white-black marble and the

cutter, Which were used for scaffolding the 34 verse of Sanskrit scripts .

Two Cenotaphs/ Two Graves each of Anjuman Muntaj Zilani (died on 17th June 1631 at

Burhampur and buried in Jaina Garden) on Sahajahan (died in Sons Captivity inside Agra

Red Fort in1666 and buried by Aurangzeb ) planted side by side placed on third and fourth

floors in side the 5th Storey Taj Mahal Building .

Sign of Swastik, Lotus, Coconut, Mango leaves, Pitches, Om in Dhature flower, trident,

snake, 108 octagonal design of the marble.

How does and under what analogy one man can have two graves whether Arjumand Bano

Mumtaj and Shahjahan bodies were cut down in two pieces and put inside the two graves?

What is the evidence in support that these cenataphs are actually the graves of Anjuman Muntaj Zilani (died on 17th June 1631 at Burhampur and buried in Jaina Garden) on

Sahajhan (died in Sons Captivity inside Agra Red Fort in1656)?

Why not the grave of other Mughal emperors were not planted if the Taj Mahal was

a graveyard as has been done with Fatehpur Sikri? Why the mud has been filled up towards front side of Taj Mahal Building while the backside

is left untouched as Yamuna river could not be diversified to some other channel?


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Every Muslim building poses its gate towards West Side than why Taj Mahal frontgate is located towards southeast direction?

Why Goshala, castles, fountain, and other symbolic symbols of stable are located in side the

building of Taj Mahal ?

Whether the replica on two side are not meant for reflection of the sound of drum and other

musical instruments coming from the stone planted inside the eight chambers located

overhead for royal family members, queens, princes and other royal guests which are now

blocked?.

Why the doors of the chambers have been closed if they were constructed by Shah

Jahan himself?.

Why the people are not allowed to peep inside the red stone building as towhether it is for some security reason or for retaining the falsehoodpreserved for appeasement?.

The object of education Subject of History.

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 ofHarappa 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 comebefore 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 dominations, 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:

Indias ancient history is very rich and glorious. Once India was considered the mostprosperous and civilized country of the world. We had a very rich and vast literature, the

Rigvedais considered to be the oldest book in the world. We had institutions of higher


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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 andman 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 shouldnot 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.

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.

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 (4 th 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 Mauryas 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.

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.


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That around 1963-64 one of P. N. Oak articles published in some Gujarati papers claimed

that all of Ahmedabads 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 writers 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 SultanIbrahims 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 Ibrahims 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

Ibrahims 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 Baburs 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 andbelow 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. Suchmounds 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


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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 Aurangzebs

time, has recorded that Akbars tomb is empty. Who knows then whether Mumtazs 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.

The judiciary in India also possesses inherent power, especially under section 151 CPC, to recall its judgementor 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. Inherentpower 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 andwrong and to punish unseemly behaviour. This power is necessary for the orderly administration of the courts

business.

Since fraud affects the solemnity, regularity and orderliness of the proceedings of the court and also amounts toan 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 amistake, which prejudices a party, the court has the inherent power to recall its order. The court has also theinherent 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 bythose 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 offraud 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.

The legal maxims:- Fraus et jus nunquam cohabitant ( Fraud and justice never dwell together) & Fraus etdolus 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. Fraud avoidsall 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 anycourt 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 orderobtained 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 beregarded 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. The Honble 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 aspectof 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 realityof 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 murdersare 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 seat-beds of

culture, where children in whose hands quiver the destinies of the future, are trained. From their ranks willcome 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 "Thefundamental 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


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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. The right to live with human dignity free from exploitation (A.I.R 1980 S. C 849) and 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 protectionof 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 toserve 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.

Right to freedom of speech and expression includes a right to express ones 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 interestof 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 secretarys and there shall be a review

committee consisting of cabinet secretary, law secretary and secretary telecommunications appointed by thegovernor. 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 forcombating terrorism act within the bounds of the law and not to become the law themselves. In order to bringtransparency 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 mustalso be counter signed by the arrested person.

That the Honble Supreme Court has provided a dimension to the different articles in order to provide aguidelines 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 purposesof 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 HonbleSupreme 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 judicialprocedure, 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 controlupon the simple invasion of such right, the public is bound to adhere what is given to it by the grace of the

public servant.

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 byprecedents 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 withindividualization of the right to involve the higher courts where the remedy is shared by a considerable numberparticularly 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. There is no expression without 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 enlighteninginformed citizen would undoubtedly enhance democratic values (Peoples 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 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 ofa voter to know the bio-data of the candidate is the foundation of the democracy. The old dictum let the peoplehave 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 beinvalid. 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.

That To control the ill effects of money power and muscle power the commissions recommend that even theelection 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 electionsystem is to be taken as has been done by the present legislation by amending some provisions of the act hereand there, but a much improved election system is required to be evolved to make the election process both


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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.

That It has Been held that The newspapers serve as a medium of exercise of freedom of speech. The right ofits 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 theliability 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 atwhich they can afford to purchase it , the petitioners have no other option but to collect more funds bypublishing 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.

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 taperecorder , 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 itsconclusion according to the idiosyncrasy of the individual and the times and the circumstances in which he

thinks.

That In Bijoe Emmanuel Vs. state of Kerala (1986) 3 SCC 615 , the question raised in the aforesaid case asto whether three children who were faithful to Jehovahs witnesses may refuse to sing any national anthem orsalute 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 pleasedto 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 whichwas upheld by the highest court in United States of America, Australia and Canada and find recognition inEncyclopedia Britannica.

That Article 25 of the constitution if India secures to every person, subject of course to public order, health andmorality 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 foredification 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 Hindureligious 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 ofharmonizing the various rights. The vision of the founding fathers of the Constitution to liberate the societyfrom 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 thedoctrine 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.

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 ofthe country. The right to freedom of religion does not prevent the State from throwing open all Hindu religiousinstitutions 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 atemple 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 isallowed to be performed.

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 protectedby 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


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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 excludemembers 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 timesbut 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) prevailsas 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) andrecognize 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 isonly 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.

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 religiouspractice within the meaning of Art.25. Thus the religion of Christianity encouraging the Christians to practicecharities to attain spiritual salvation is of not much relevance for that purpose. (Paras 47 and 48 ).

That the Renouncement of the world and preaching for renouncement of the world have no correlation withtenets of Art 25 (Paras 54 and 55).John Vallamattam Vs. Union of India .(2003) 6 SCC 611: AIR 2003 SC2902 :(2003) 3 KLT 66.

That the contention with regard to the rights under Art.25 or Art.26 of the Constitution which are subject topublic 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 bybeating 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 VsK.K.R Majestic Colony Welfare Assn.(2000) 7 SCC 282:2000 SCC (Cri )1350 :AIR 2000 SC 2773 .

That the grievance that the judgement in Sarla Mudgal Vs. Union of India (1995) 3 SCC 635 amounts toviolation 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 theConstitution. 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 firstmarriage 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 constitutionalscheme every person has a fundamental right not merely to entertain the religious belief of his choice but alsoto 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 2000SC 1650 : 2000 Cri LJ 2433.

That no religion prescribes or preaches that prayers are required to be performed though voice amplifier or bybeating of drums. In any case , if there is such practice , it should not adversely effect the rights of othersincluding 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.

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 thename 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 verysensitive to noise. Their rights are also required to be honoured. (Para 2)

That even under the Environment (Protection) Act, 1986, rules for noise-pollution level are framed whichprescribe 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 moreserious 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-intestinalproblems, 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.


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(Para 3) Church of God ( Full Gospel) in India Vs. K.K.R. Majestic Colony Welfare Assn. (2000) 7 SCC282.

That the rival submissions of the following question arose for consideration of the present bench IslamicAcademy 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 onthe 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.

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 devotedfollowers of Sri Aurobindo formed, the Aurobindo Society In Calcutta in 1960/It was initially registered underthe 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 theChairmanship 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 Societyand 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 anAct was passed which provided for taking over the management of Auroville for a limited period.

That One restriction is thatfreedom of religion is subject to public order, morality and other provisions of PartIII 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. Itcannot 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 penalisesonly 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 offeredunwittingly or carelessly or without any deliberate or malicious intention to outrage the religious feeling of thatclass 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.

Where the public functionaries were involved in such a malafide and colourable exercise of power that mayabridge 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 sociallysensitized 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 Honble

Courts. This is an attempt to prevent contagious virus of corruption, which is opposed to democracy and socialorder. 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.

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 linesin 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 andobligation t

sri p. n. oak synopsis

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