Front Page Interview With Pamela Geller: Throwing Rifqa to the Wolves
The following is FrontPage Interview with Pamela Geller regarding Rifqa Bary
Frontpage Interview’s guest today is Pamela Geller, founder, editor and publisher of the popular and award-winning weblog AtlasShrugs.com. She has won acclaim for her interviews with internationally renowned figures, including John Bolton, Geert Wilders, Bat Ye’or, Natan Sharansky, and many others, and has broken numerous important stories — notably the questionable sources of some of the financing of the Obama campaign. Her op-eds have been published in The Washington Times, The American Thinker, Israel National News, Frontpage Magazine, World Net Daily, and New Media Journal, among other publications.
FP: Pamela Geller, welcome back to Frontpage Interview.
Rifqa Bary is being sent back to Ohio. You have been following the developments. Tell us what is going on and what it means.
Geller: Rifqa Bary is a teenage apostate. She escaped her devout Muslim home when her parents were advised by members of their extremist mosque that Rifqa had converted to Christianity.
Rifqa Bary’s father threatened to kill her if “she had this Jesus” in her heart. And so she ran away to Florida, as far away as she could get, and stayed with sympathetic Christians. She has since been placed in foster care, and the battle rages on to get this young woman to return to her devout Muslim family and Muslim community. Having spoken to many apostates in the States, living as a Christian in a devout Muslim household is not an option, despite her father’s dubious assertions.
FP: So what happened in court?
Geller: There were key developments in Judge Daniel Dawson’s juvenile court yesterday. It was a bizarre scene. Ohio started their own proceedings to get Rifqa back when they lost jurisdiction two months back. So two courts met at the same time on the same matter; both listening to each other’s statements via audio link. Both judges were deciding the case of whether Rifqa Bary goes back to Ohio. To say this was unusual is understatemen.
The upshot is that Ohio has jurisdiction and the Florida court maintains emergency jurisdiction at least until the 27h of October. The law is clear on this.
FP: Is Rifqa safe in Ohio?
Geller: No, I do not believe she is. As soon as she ran away, Ohio law enforcement dismissed her charges of abuse — before they had even conducted an investigation. A month ago, Ohio Governor Strickland publicly stated that he wanted Rifqa back in Ohio. Strickland has been a supporter of CAIR. Not surprising, as he has been on the receiving end of substantial dollars from the Muslim community. CAIR is very involved in the case. They are advising Mohamed and Aysha Bary (Rifqa’s parents). The Muslim community and particularly the Noor Mosque, will not be warm to such a vocal apostate. Imagine the psychological abuse for a 17 year old girl upon her return. 75 pound Rfqa vs the Islamic machine. David meets Goliath.
The media refuses to discuss apostasy, but the motive behind the threat is apostasy. It is verboten in the court room.
There is an upside. The parents have been very dodgy, dishonest even, on their immigration status. Time and time again they have ignored court orders to produce copies of their immigration documents. This is a key issue, because when Rifqa ran away, her mother had packed all of the family’s belongings and said they were going back to Sri Lanka. This is what I believe the family, the community, CAIR, and the Islamic machine really wants: to get Rifqa back to Sri Lanka.
I asked an apostate from Sri Lanka who showed up at the hearing yesterday to provide moral support for Rifqa, if Rifqa would be safe in Sri Lanka (not a Muslim majority country). She said,
“No. She will die, she will die in her society. Society won’t leave her alone. Even if the family, Mother and Father has a little sympathy, but not society, society is worse because she has gone too far. The society will never leave the family in peace. They have to take a stand for this, because it is the shame. Rifqa has brought a shame for their religion and for their society.”
The judge is aware of this, because he ruled he would not release Rifqa until the family’s immigration documents were submitted to the court. Then Mohamed Bary’s lawyer, belligerent and rude, made all sorts of wild accusations. He alleged that John Stemberger (Rifqa’s lawyer) was going to kidnap Rifqa and “squirrel her out of the country”. When in fact that appears to be the Islamic plan, but that is typical: blame it on “right wing extremists” or “anti-Muslim bigots”. Hence the insane accusations in the court room. But the bottom line is Rifqa will not leave Florida until the immigration papers are filed. And the Bary lawyer has been threatened with contempt should he not produce them.
This is a tinderbox. But for now, Rifqa is safe in Florida. If the issue is not resolved by the end of October, a judicial review has been tentatively scheduled for November 10. I do not believe the parents will provide the documents. And then? Stay tuned.
FP: What are the possibilities if the parents do not provide the documents?
Geller: It’s anyone’s guess. The whole family could be deported. The risk to Rifqa’s life is considerable. The sooner Rifqa’s defense team has the documents, the sooner her status can be addressed. There are several different approaches to securing her safety. A person seeking asylum may do so from inside the US and does not have to leave and petition for re-entry. That is the advantage. Religious asylum is seldom granted though. Perhaps Rifqa could file a claim on a civil rights violation (a CAIR move) against her parents.
The question of jurisdiction may appear to be settled but it is not. Dawson said he doesn’t plan to release her until he sees the Bary immigration documents. It will be interesting.
FP: Why do you think there is such silence about apostasy when this is actually causing the case itself? The media is saying nothing about this.
Geller: It’s indicative of how sick our society has become. Spinelessness and ignorance are a lethal combination. Apostasy is the motive behind the death threat. Period. Of course the FDLE found no evidence of a threat, they did not investigate threats of a religious nature. Perhaps the upside (if there could be such a thing) to this terrible case is that the media is being exposed for their conquered, dhimmi approach to the story. And that is why new media/alternative reporting was so critical to this story.
FP: Overall, what do you think this case has signified? What has been its meaning? What have your own impressions been?
Geller: This is a landmark case on so many levels. The obvious is the media’s auto-censorship. Their bias is so fixed that they would rather put a teenage girl’s life at risk than report the story. Why wouldn’t they err on the side of caution? What is Rifqa Bary so terrified of? The media’s indifference is devastating.
It’s the proverbial teaching moment. Why isn’t the media giving Wafa Sultan, Ibn Warraq, Nonie Darwish and any of the thousands of apostates living in the shadows, front page exposure in the media, to help push back, push Islamic supremacism back to the fringe of civilization?
Further, this case pits Sharia law and its absolutism against the rule of law in America. If we turn a blind eye to the execution of sharia law in our society, is that not our sanction? Are we not complicit if we are not vigilant?
The silence of the media, pundits, law enforcement, psychologists, the court system renders the girls, the women, the men murdered in the name of Islam nothing more than a rumor. They are invisible and count for nothing. It speaks volumes to the West’s respect and sanctity of life.
The larger picture is the clash of civilizations, a clash of human systems. The battle is for our very soul.
President Obama addressed the Muslim world in June from Al Ahzar University in Cairo where a fatwa (death penalty) was issued for apostasy. The President described Al Azhar. this way: “For over a thousand years, Al-Azhar has stood as a beacon of Islamic learning, and for over a century, Cairo University has been a source of Egypt’s advancement.”
In that same speech Obama declared, ”….the United States government has gone to court to protect the right of women and girls to wear the hijab and to punish those who would deny it.”
Well, what about the right of women and girls not to wear the hijab?
America is the greatest, the noblest, and in its original founding principles, the first and last moral country (save Israel) in the history of the world – what happened?
FP: What can we do to help Rifka?
Geller: Call, write, fax, snail mail, Governor Charlie Crist, gently persuasively. Every day.
Governor Charlie Crist’s office:
Phone: (850) 488-4441, (850) 488-7146.
Fax: (850) 487-0801
Email: Charlie.Crist@MyFlorida.com
FP: Pamela Geller, thank you for joining us.
Short URL: http://www.archive2012.faithfreedom.org/?p=5909
Posted by Jamie Glazov
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Bravo to Pamela Gellar and the whole atlas shrugs team, this is why I could any day identify with Mr. Wilders, to leave the current Islamic incursion unchecked is to let the stem grow too difficult to cut, the silence is almost visible, more people need to rise up to this Islamic deceit, the Rifqa case went this way because Islamic intentions are not yet fully understood by the citizens, once the islamophobia blinders are removed, we will see more action to check these lunatic Muslim child molesters, but with the likes of Obama who almost always give the Muslims a fairer picture, my hope stagnates.
This may appear to be a disconnect, but the following is that happened:
Some Iranian students in India protested against Khomeini's regime. One girl who went Iran to visit her family was arrested at the airport itself, produced before a imam, charged with "something", forcibly married to someone and killed the before next morning.
I hope this doesn't happen to this young girl.
Begum blossoms on International Circuit —–Teesta Setalvads bold and innovative inventions did not go unrewarded. Over the years, the Begum picked up an impressive array of national and international awards (and we have no way of knowing the extent to which she battened her purse). The awards include:
2003 – Nuremberg Human Rights Award 2003
2004 – Parliamentarians for Global Action `Defender of Democracy' Award, jointly with Helen Clark, Prime Minister of New Zealand
2004 – M.A. Thomas National Human Rights Award from the Vigil India Movement
2006 – Nani A Palkhivala Award
2007 – Padma Shri
Bogus bleeding heart: Harsh Mander
On 13 March 2002, an hitherto unknown and undistinguished gentleman named Harsh Mander made his debut in the columns of a national daily; became a well-choreographed international celebrity; resigned from the IAS after completing 20 years of service and becoming eligible for pension; and became `permanent' with an international NGO where he was on deputation.
As the IAS is already under a cloud as a corrupt and non-performing organisation, this would be an ideal opportunity for it to take in-house correctives and stop pandering to the culture of "the anti-national is truly international." The nation is fast losing patience with these sleazy types.
Briefly, Mander's execrable article was titled, "Cry, the Beloved Country. Reflections on the Gujarat massacre." It was obviously a command performance, and someone well-placed got it positioned in the English language media.
Mander wrote claiming to have toured Gujarat for ten days after the riots, "My heart is sickened, my soul wearied, my shoulders aching with the burdens of guilt and shame." He spoke glibly of "pitiless brutality against women and small children by organised bands of armed young men," and YES:
"What can you say about a woman eight months pregnant who begged to be spared. Her assailants instead slit open her stomach, pulled out her foetus and slaughtered it before her eyes."
Well, we now know that this NEVER HAPPENED, so Mander must explain his information-gathering techniques or admit he simply wrote what he was tutored to write by unknown persons, or that someone did the writing which he passed off in his name because he had an IAS tag and was going to "resign" from service in a manner that would gain instant lucrative international assignment + pension benefit intact.
In these circumstances, it would be a safe bet to conclude that the rest of his `true stories' are similar Bedtime Tales for the Macabre-Minded.
This one is fit for Ramsay Brothers:
- A small boy of six in Juhapara camp described how his mother and six brothers and sisters were battered to death before his eyes; he survived only because he fell unconscious, and was taken for dead.
- A family escaping from Naroda-Patiya… spoke of losing a young woman and her three month old son, because a police constable directed her to `safety' and she found herself instead surrounded by a mob which doused her with kerosene and set her and her baby on fire.
Looking back, I am amazed one did not detect, then, the note of joyous triumphalism, the gloating "I got you" tone in which the piece was written:
"I have never known a riot which has used the sexual subjugation of women so widely as an instrument of violence in the recent mass barbarity in Gujarat . There are reports everywhere of gang-rape, of young girls and women, often in the presence of members of their families, followed by their murder by burning alive, or by bludgeoning with a hammer and in one case with a screw driver…"
Possible. But how does one explain the fact that nearly all surviving `raped' women now say that they never complained of rape, and did not know that their affidavits claimed rape?
Everywhere he went, Mander met people who said Gujarat was not a riot, but a "planned massacre, a pogrom." Of course, he felt "great shame at the abdication of duty of my peers in the civil and police administration." And of course he blamed "civil society." In other words, the whole of Hindu India in whatever guise – politicians, police, officers, citizens. The only true Samaritans he did encounter were Muslims (who else?)
What must be done?
Harsh Mander was a SERVING IAS officer when he wrote those outright lies. He must be prosecuted under relevant laws for
1] Scandalizing the Gujarat government in the eyes of the nation and the world
2] Peddling false stories about the torture of Muslim women with the intent to humiliate and dehumanize Gujarati Hindu society in the eyes of the nation and the world
3] Inciting and provoking animosity and hatred among Hindus and Muslims by fanning fires of hatred instead of allowing the return of normalcy and communal harmony
The Government of India must immediately revoke his pension and recover previous amounts paid by attaching his bank accounts or properties, if necessary.
The National Human Rights Commission has evolved into a national disgrace and should be wound up expeditiously. It serves no public purpose and panders only to an international audience, which is definitionally anti-Hindu.
On 23 November 2008, I was part of a citizen's initiative to the Commission, to demand an enquiry into allegations of illegal detention and torture of Sadhvi Pragya by the Mumbai ATS. No action has been reported to us in this matter till date, and I am quite confident that after one formal notice to the Maharashtra Home Secretary – duly reported in the media – there has been NO follow up action at all.
Since then, Sadhvi Pragya has been hospitalized for weakness after she refused food on finding non-vegetarian items in her jail food. Would NHRC have remembered that it had sent a formal notice to the Maharashtra Government and not got a reply? No. There seems to be a tacit understanding about what cases need to be followed and what are to be ignored.
Since the cases taken up are ONLY those pertaining to the Minorities, and we already have a Minorities Commission, the NHRC is truly redundant.
The Supreme Court must tell us if we need a Supreme Court? Because if the highest judicial institution of the country plays Second Fiddle to West-backed NGOs and activists with unknown agendas and sources of income, we may be better off institutionalizing a true jungle raj in which we Hindus have a better chance of surviving.
If the Supreme Court does its job properly, what need is there of a National Human Rights Commission? It is not the job of the Indian taxpayer to provide retired judges with paid sinecures. These two organisations should stop their jugalbandi and tell us which of them should survive, and which should be wound up.
The Supreme Court must immediately initiate steps to undo its own previous prejudicial and punitive treatment of Zahira Shaikh and give the poor orphan a fair compensation so that she can begin to pick up the pieces of her shattered life. The Registrar-General and Joint Commissioner of Police who demonstrated bias against her must be punished.
All Gujarat witnesses currently being `held' by NGOs must be immediately taken away and put under the custody of the Gujarat State .
All victims must be given their sworn affidavits in a language they understand and asked if they stand by them or rebut the allegations therein. After that, action must be taken against those who got signatures through unfair means.
The apex court must retrieve its honour by sending the Gujarat riot cases BACK to Gujarat .
Action must be taken against ALL NGOs and activists who orchestrated the international opprobrium against the Gujarat state and the Hindu people of India .
Zahira has exposed major holes in the ethical roofing of statutory commissions that play to an international gallery, and the Hindu-baiting media-NGO nexus. Her demand for a probe into Teesta's post-Gujarat assets remains pertinent.
Finally, as the riot cases were transferred on faulty premises, norms must be laid down to prevent the hijacking of justice in future.
BLACK MONEY AND IMPACT ON SOCIETY
Inflation and black money is in the form of parallel economy. The eradication of black money for a viable economy of the Country is required for a healthy structure on all its front. The factors responsible for the generation of black money are required to be spotted just to provide a curve over the nefarious activities of the politicians and other bureaucrats in the society which is responsible for compelling the 60% of the population to live below a poverty line. The judicial institutions has partly realised the ideals of the constitution to develop through judicial activism in the form of a revolution for providing a check over the reprehensible conduct of the people to accumulating enormous well through any means. "Fair or Foul" at the cost of Nation. Price rise to the fantastic levels and velocity or liquidity of money circulation became enormous. One of the main feature of inflation is that money looses its value. This is virtually in confrontation with the aimed social objectives of legitimate expectations of the citizens.
The factors responsible for the generation of the black money: (a) Divergence between acceptable rate of return and legally permissible rate of return. (b) Consequences of controls, licensing system, quotas, permits of commodities. In effective enforcement of tax laws like income-Tax. Wealth Tax, Estate Duty, Sale Tax, Stamp Duty, Excise Duty, Octrol Duties etc. (d) A considerable part of black money has encourages diversification of resources in the purchase of real state estate and investment of such money in constructing "Luxury Houses". Precious stones, jewellery and other venerable land situated in posh society. (e) Discretionary powers wasted in the ministers. (f) Fear of laws of power by our Bureaucrats. (g) Un-cordinate response of the public to provide a check over such activities of their representative through mandate in the elections and in effective judicial accountability due to the non-introduction of the terminology "Due process of Law" instead of procedure establish under law. The quantum of black money consequent upon by the method of tax evasion, tax concealment, smuggling in imports & exports, production of elicit commodities, artificial escalation or the prices, has resulted into part it away to the estate for the purpose social welfare. The estimated income on which the tax has not been paid would probably be more than 7200 crores according to the estimated data’s. Thus black money is very important route cause of urban value which deprives the Government its legitimate dues by way of taxes to the exchequer and induces dishonesty in the individuals trying to get more & more accommodation beyond his means. Transactions involved and element of black money. No individual posses adequate white account of money to buy a flat, thus this has ultimately resultant to the creation of black money as the parallel economy in the nation. The idea of inflation accounting mooted during the 2nd world war which became the topic of active discussion and ultimately attained momentum and due to the rapid universal inflation is persisting upon as a major problem in the country which has the effect of the almost crippling the entire economic structure of society in all sphere. Inflation and black money has become menace to Indian Society and its economic structure in all its spheres. It has become necessary to have a rethinking in all the monetary polities of the Government and their administration in all sectors as to how incorporate the effect of inflation accounting to eradicate black money from the society. This requires a strong Government and a high morality in living pattern of society. It needs fighting with all statutory powers wasted in Government. Inflationary tendencies have to be contained within a tolerable limits Government expert economics and planners with eminent public men requires the determination of inflationary trends which is galloping in nature and very difficult being tricky and onerous, to tackle by ordinary process.
Time is free-fold present: as we experience it the past as the present memory and future as a present expectation .The expectations can not be the same and as anticipation. It is different from a wish, a desire or a hope nor can it amount to claim or demand on ground of a right. A pious hope even leading to a moral obligation can not amount to a legitimate expectation in the strict sense. The protection of such legitimate expectation does not require the fulfilment of the expectation where an over riding public interests require otherwise. Thus even if substantive production of such expectation is contemplated that does not grant and absolute right to a particular person. the protection is limited to the extent of judicial review. To strike down the expectation of an individual adrift to the pragmatism. Thus millions of people belonging to the deprived and venerable section of the humanity were looking to the courts for improving their life conditions and making back human rights meaningful for them. The Supreme Court acted as an instrument of status quo-upholding the traditions of Anglo-Saxon jurisprudence and resisting radical innovations in the use of the judicial power to promote social justice under the republican constitution till early 1970 with some Hon’ble expectations, but in the light of a social economic philosophy alien to our freedom movement and aspiration of the liberated people, the Apex Court has started a giving importance to the rule of Law with "tryst with destiny". The outstanding judicial activism in the quest for social justice came by the enormous contribution of Hon’ble Supreme Court in the recent years. The use of new found judicial power in the service of "WE THE PEOPLE OF INDIA" who has often being represented in the judicial forum have always been at the receiving end of mal-administration and exploitation.
This is a constitutional right of every accused person who is unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence or incommunicado situation and the state is under a mandate to provide a lawyer to an accused person if the circumstances of the case and the need of justice so require, provided of course the accused person does not object to the provision of such lawyer (1980) 1 SCC 98.
It will be instructive to sun up this discourse with the observation of Chief Justice Bhagwati in Suk Das. It is common knowledge that 70 percent of the people living in rural areas are illiterate and even more than that percentage of the people are not aware of the rights conferred upon them by law. Even literate people do not know what are their rights and entitlements under the law. It is this absence of legal awareness which is responsible for the deception, exploitation and deprivation of rights and benefits from which the poor suffer in this land. Their legal needs always stand to become crisis-oriented because their ignorance prevents them from anticipating legal troubles and approaching a lawyer for consultation and advice in time and their poverty magnifies the impact of the legal trouble and difficulties when they come. More over, because of their ignorance and illiteracy, they cannot become self-reliant; they cannot even help themselves. The law ceases to be their protector because they do not know that they are entitled to the protection of the law and they can avail of the legal service programme for putting an end to their exploitation and winning their rights. The result is that poverty becomes with them a condition of total helplessness. This miserable condition in which the poor find themselves can be added to situations (1986) 2 SCC 401).
Extant by creating legal awareness amongst the poor. That is why it has always been recognised as one of the principal items of the programme of the legal aid movement in the country to promote legal literacy. It would in these circumstances make a mockery of legal aid it were to be left to a poor, ignorant and illiterate accused to ask for free legal service. This is the reason why we ruled in Khatri II case that the Magistrate nor the sessions judge before whom an accused appears must be held to be under an obligations to inform the accuses that if he is unable to engage the services of a lawyer on account of poverty or indigence, he is entitled to obtain free legal services at the cost of the state. We also gave a general direction to every State in the Country to make provision for grant of free legal services to an accused who is unable to engage to a lawyer on account of reasons such as poverty, indigence or incommunicado situations (1986 2 SCC 401).
In the judges Transfer Case, justice Bhagwati declared that law in the following terms: where a legal wrong or a legal injury in caused to a person of violation of any constitutional or legal right….. and such person or determinate class of persons is by reason of poverty, helplessness or disability or socially or economically disadvantaged position, unable to approach the court for relief, any member of the public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226 and in case of breach of any fundamental right of such person or determinate class of persons, in the Supreme Court under Article 32 seeking judicial redress for the legal wrong or injury caused to such person or determinate class of persons. (1981) Supp. SCC 87).
Fundamental rights particularly in relation to the poor and disabled do require new remedies for their effective enforcement. Creation of new remedies is interpreted as part of the judicial function in so far as the responsibility for enforcement of fundamental rights is a charge on the Supreme Court. The alienation and ivory tower image of the judiciary, sometimes justified in the name of "independence", got a severe jolt by the socio-political activism and public self-criticism of judges of the Apex Court led by justice Bhagwati. The search for solutions in the quest for justice is an eternal one in which success and failure are always relative and never complete.
Absolute power is tyranny where as absolute democracy is tyranny and anarchy both. The political groups of revolutionary significance, which present have never imperilled the fundamentals of duty and obedience, the bases of social discipline, in short the most fundamental forces of social and political cohesion. Legislature or the executive ha e created situations which remain sometimes grimly un reconciled, political forces have pushed on to advance their own schemes upon the ruins of the rest.
A party in power provokes by its policies a situation in which the economic stability of the society is threatened or where constitutional rules appear as the mere manifestations of the interest of the dominant power in the legislative. The normative and factual aspects of the legal order condition each other and interact closely with one another. A legal system acts as a mediator between social ideals and social reality. In the political and social life of a community, it becomes an effective moulding force for actual human behaviours in the process of balancing individual rights and the common good.
BY DESTROYING NATURE
By destroying nature, environment, man is committing matricide, having in a way killed Mother Earth. Technological excellence, growth of industries, economical gains have led to depletion of natural resources irreversibly. Indifference of the grave consequences, lack of concern and foresight have contributed in large measures to the alarming position. In the case at hand, the alleged victim is the flora and fauna in and around Kudremukh National Park, a part of the Western Gates. The forests in the area are among 18 immediately recognized “Hotspots” for bio-diversity conservation in the world. The I.A. 670 of 2001 was filed by Sri K.M. Chinnappa describing himself as trustee. Wildlife First.
‘Environment’ is a difficult word to define. Its normal meaning relates to the surroundings, but obviously that it is a concept which is relatable to whatever object it is which is surrounded. Einstein had once observed, “The environment is everything that is n’t me”. About one and half century ago, in 1854, as the famous story goes the wise Indian Chief of Seattle replied to the offer of the great. White Chief in Washington to by their land. The reply is profound. It is beautiful. It is timeless. It contains the wisdom of the ages. It is first over and the most understanding statement on environment. The whole of it is worth quoting as any extract from it is to destroy its beauty.
“How can you buy or sell the sky, the warmth of the land? The idea is strange to us.
If we do not own the freshness of the air and the sparkle of the water, how can you buy them?
Every part of the earth is sacred to my people. Every shining pine needle, every sandy shore, every mist in the dark woods, every cleaning and humming insect is holy in the memory and experience of my people. The sap which courses through the trees carries the memories of the red man.
The white man’s dead forget the country of their birth when they go to walk among the stars. Our dead never forget this beautiful earth, for it mother of the red man. We are part of the earth and it is part of us. The perfumed flowers are our sisters, the horse, the great eagle, these are our brothers. The rocky creats, the juices in the meadows, the body heat of the pony, and man-all belong to the same family.
So, when the Great Chief in Washington sends word and he wishes to buy our land, he asks much of us. The Great Chief sends word he will reserve us a place so that we can live comfortably to ourselves. He will be our father and we will be his children. So we will consider your offer to buy our land. But it will not be easy. For this land is sacred to us.
This shining water moves is the stream and rivers is not just water but the blood of our ancestors. If we sell you land, you must remember that it is sacred, and you must teach your children that is sacred and that each ghostly reflection in the clear water of the lakes tells of event and memories in the life of people. The water’s murmur is the voice of my father’s father.
The rivers are our brothers, they quench our thirst. The river carry our canoes, and feed our must remember, and teach your children, that the river are our brothers, and yours and you must hence forth give the kindness your would give any brother.
We know that the white man does understand our ways. Our portion of land is the same to him as the next, for he is a strange who comes in the night and takes from the land whatever he needs. The earth is not his brother but his enemy and when he has conquered it, he moves on. He leaves his father’s graves behind, and he does not care.
He kidnaps the earth from his children. His father’s grave and his children’s birth right are forgotten. He treats his mother, the earth, and forgotten. He treats his mother, the earth, and his brother, the sky, as things to be bought, plundered, sold like sheep or bright beads. His appetite will devour the earth and leave behind only a desert.
I do not know. Our ways are different from your ways. The sight of your cities pains the eyes of red man. But perhaps it is because the red man is a savage and does not understand.
There is on quiet place in the white man’s cities. No place to hear the unfurling of leaves in spring or the rustle of in insect’s wings. But perhaps it is because I am a savage and do not understand. The clatter only seems to insult the ears. And what is there in life if a man cannot hear the lonely cry of the whippoorwill or the arguments of the frogs around a pond at night? I am a red man and do not understand. The prefers the soft sound of the wind darting over the face of a pond, and the smell of the wind itself, cleansed by a mid-day rain, or scented with the pinon pine.
The air is precious to the red man, for all things share the same breath-the beast, the tree, the man, they all share the same breath. The white man does not seem to notice the air he breathes. Like a man lying for many days, he is numb to the stench. But if we sell you our land, you must remember that the air is precious to us, that the air shares its spirit with all the life it supports. The wind that gave our grandfather his first breath also receives the last sign. And if we sell you land, you must keep it apart and sacred as a place where even the white man can go to taste the wind that is sweetened by the meadow’s flowers.
So we will consider your offer to buy our land. If we decide to accept. I will make one condition. The white man must treat the beasts of this land as his brothers.
I am a savage and I do not understand any other way. I have seen thousand rotting buffaloes on the prairie, left by the white man who shot them from a passing train. I am a savage and I do not understand how the smoking iron horse can be important than the buffalo that we kill only to stay alive.
What a man without beasts? If all the beasts were gone, man would die from a great loneliness of spirit. For whatever happens to the beasts soon happens to man. All things are connected.
You must teach your children that the ground beneath their feet is the ashes do our grandfathers, so that they will respect the land. Tell your children that the earth is rich with the lives of our kin. Teach your children what we have taught our children, that the earth is our mother. Whatever befalls the earth befalls the son of the earth. If man spit upon the ground, they spit upon themselves.
This we know: The earth does not belong to man, man belongs to the earth. This we know: All things are connected like the blood which unites one family. All things are connected.
Whatever befalls the earth befalls the sons of the earth. Man did not wave the web of life; he is merely a stand in it. Whatever he does to the web he does to himself.
Even the white man, whose God walks and talks with him as friend to friend cannot be exempt from the common destiny. We may be brother after all. We shall see. One thing we know, which the white man may one day discover-our God is the same God. You may think now that you own him as you wish to own our land; but you cannot. He is the God man, and his compassion is equal for the red man and the white. This earth is precious to him, and to harm the earth is to heap contempt on the creator. The white too shall pass perhaps sooner than all other tribes. Contaminate your bed and you will one night suffocate in your own waste.
But in your perishing you will shine brightly, fried by the strength of the God who brought you this land and for some special purpose gave you dominion over this land and over the red man. That destiny is a mystery to us, for we do not understand when the wild buffaloes are slaughtered, the wild horse are tamed, the secret corners of the forest heavy with scent of many men and the view of the ripe hills blotted by talking wires. Where is the thicket? Gone, where is the eagle? Gone. The end of living and the beginning of survival.”
It would be hard find out such dawn to earth description of nature. “Nature hates monopolies and knows no exception. It has always some levelling agency that puts the overbearing, the strong, the rich, the fortunate substantially on the same ground with all others” and Zarathustra. Environment is polycentric and multi-facet problem affecting the human existence. The Stokholm Declaration of United Nation on Human Environment, 1972, reads its Principle No. 3, inter alia, thus:
“Man has the fundamental right to freedom, equality, and adequate condition of life. In an environment of equality that permits a life of dignity and well being and bears a solemn responsibility to protect and improve the environment for present and future generations.”
0532/2436451—(2)-2637720—(Mobile)-9415284843—-(mobile)-9451181638
Yogrekha@rediffmail.com
YOGESH KUMAR SAXENA
ADVOCATE, HIGH COURT
SENIOR VICE- PRESIDENT, ADVOCATE’S ASSOCIATION
STATE TRESURER , ALL INDIA LAWYER’S ASSOCIATION
( U.P. ADHIVAKTA SANGH) R/O H.I.G.203, PREETAM NAGAR, SULEM SARAI, ALLAHABAD, U.P. INDIA
The Quran is the last Divine revelation, and has been sent by God for all humanity. It will remain without any change or modification whatsoever till the Day of Judgment, for the Prophet Muhammad is the last of the prophets. The religion as represented in the Quran is eternal, and so are the Quran’s laws, its shariah, its knowledge and the need and the value of this knowledge.
But this does not at all mean that time has stopped forever and that conditions will never change. Rather, change is permanent. The demands of the age were subject to change in the past, and this applies even today. And just as in the past considerations were made to suit the then prevailing conditions, so, too, today in our interpretation of what God has entrusted to us those aspects that are subject to change must be kept in mind. Hence, madrasas must be mindful of contemporary conditions, needs and demands and keep the torch of the knowledge of the Faith burning in the light of all these factors. This, in fact, was the aim behind the founding of one of the first and, in many senses, unique madrasas in India following the collapse of Muslim rule in the country—the Dar ul Ulum at Deoband. This madrasa was not established simply to teach a few subjects. If its historical context is carefully studied, it appears that it aimed at addressing contemporary challenges as well, and that it had taken upon itself the task of the interpretation and expression of the Faith in the context of the changed conditions of the times in order to keep alive the torch of Islam in the face of fierce storm of Western atheism and materialism. Several other madrasas also soon emerged at this time that carried on with this mission.
There can be no doubt that these madrasas managed, with considerable success, to fulfill their duty of testifying to the Truth and communicating the teachings of the Faith. Many of the vestiges of religion that remain among the Muslims of the country today are a result of the dedicated work of these institutions. It is these signs of religious commitment that have become an eye-sore to Westernised, anti-religious forces. Madrasas need to carry on in this wise path of our elders and continue with the task, mandated by God and the Prophet, of demonstrating and witnessing to the Truth. For this, they must keep themselves in harmony with the changing needs and conditions of the times. They must seek to answer the new problems that the new times produce and to effectively face new challenges. When madrasa students step out of their institutions, which are sealed off from the outside world, they should not feel out of place and be led to think that they had spent much of their lives closed in a fortress that has nothing to do with the rest of the world. Rather, they should be in a position to guide society on the lines of the Faith, for today materialism and atheism are rife, and knowledge is framed and used in such a way as to take people away, rather than towards, God. Madrasas must provide their students with knowledge of contemporary developments so as to enable them to understand the objections against and criticisms of Islam and to effectively respond to them. Further, they must also train and inspire their students to effectively communicate the truths of Islam to others.
In advocating that madrasas be able to respond to modern challenges and suitably relate to contemporary demands I am certainly not arguing, as do some self-styled ‘progressives’, that Islam should be moulded according to the times, rather than the other way round, and that it be interpreted in the way the West wants it to be. It is absolutely erroneous to imagine that since the times and conditions have changed and so have many social and economic aspects of life, the Islam based on the 1400 year-old tradition of the Quran and Sunnah needs to be revised. It certainly does not mean that when we call for an Islamic Renaissance, for a new religious interpretation and for reforming madrasa education by taking into account the demands of the present age we are suggesting that Islam should be modified according to our own whims. Islam is the religion of nature and in its laws and commandments it has taken into account human nature. This, indeed, is the actual soul of Islamic law and the basis of Islam’s teachings. All the revolutions that the world has witnessed have had to do simply with external means and causes, while human nature and its basic demands and human feelings and emotions have remained the same and will always do so.The Madrasa System of Education: Aspects in Need of Change and the Limits of ChangeThere is no doubt that the basic aims and objectives of madrasas have always been the same in the past, and shall remain so in the future, too. If Islam is an eternal religion and a guide for humanity till the Day of Judgment—as it indeed is—then the basic aim of the madrasas—that the path that God and the Prophet have prescribed for humanity, and which is the way to success, be taught and made known—cannot be altered. However, this certainly does not mean that the entire system and structure of madrasa education is beyond change, as if these are meant simply to serve as relics from the past, an archaeological curiosity for an age that has vastly changed. Study the history of the ulema, the renewers of the faith, the guides to the path, the history of people like Imam Malik and Ibn Shihab Zahri and down to Shah Waliullah, Maulana Muhammad Qasim Nanotawi, Maulana Muhammad Ali Mungeri etc.. You will discover that the real spirit running through their work and their writings was the same—the protection of the Faith and its propagation and revival in the light of contemporary thought. But yet, for this same purpose the methods that these leaders used differed from each other, each suited to their own age and context.
In this regard, then, we must examine our madrasa education system and allow for necessary changes. In addition, we must also recognise that the general level of the graduates that the madrasas are today churning out is, unfortunately, not very satisfactory, and that their contribution and benefit to society is limited, and, indeed, quite disheartening. Certain aspects of the present system of madrasa education are in need of reform in order to make it more effective and more in accordance with contemporary demands. In this respect one can point to such troubling issues as stagnation in the syllabus, excessive attention being paid to certain subjects and the corresponding lack of adequate attention to certain modern subjects, the focus on mastery of certain specified books rather than certain disciplines, shortcomings in teaching methods, the absence of teaching important languages and the lack of co-ordination and co-operation between various madrasas.Stagnation in the Madrasas Curriculum: When I say that the madrasa curriculum has stagnated, I certainly do not mean to argue that all the books that are presently taught in madrasas should be discarded or that they are unable to provide proper religious and intellectual guidance and understanding or that teaching them is wholly useless. Not at all. But, yet, it is an undeniable fact that from the point of view of what the aims and objectives of a proper madrasa syllabus should be, the majority of texts currently used in the madrasas deserve to be re-looked at. Many of them can be removed from the list of prescribed books that are part of the syllabus and, instead, be made for the students to read on their own.
In order to counter the powerful waves of materialism and atheism flooding in from the West and the accompanying criticisms of Islam’s system and way of life, madrasas ought to have included the causes or the basic purposes of Islamic rules or what are called the ‘secrets of the shariah’ (asrar-e shariah) as a separate subject in their curriculum. For this purpose, madrasas could have used Shah Waliullah’s well-known book Hujjat Ullah al-Balagha, and sections of some books by Imam Ibn Qayyim and Imam Ghazali and so on. However, because the dars-i nizami syllabus as formulated by Mulla Nizamuddin Sihalawi, which is still used by most Indian madrasas, did not give any importance to this subject, it was neglected in most Indian madrasas. Recently, some madrasas have included this subject in their syllabus but even in these institutions it does not get the importance that it deserves.
Today, as a result of new inventions as well as a product of the present global socio-political system, new legal issues have emerged. It is necessary for Islamic law to address these issues. For this purpose, Islamic scholars require a deep understanding of the sources, principles and methods of reasoning of Islamic jurisprudence. Madrasas must give greater stress to these than at present. Unfortunately, only two or three books on the principles of Islamic jurisprudence are included in the present madrasa syllabus. And even these have their limitations, being, for the most part, limited just to the Quran as a source of jurisprudence, and not dealing with other sources of Islamic jurisprudence, such as the Sunnah or practice of the Prophet, ijma or the consensus of the scholars and qiyas or analogy. Several suitable books for these are available and they should be included in the curriculum. Furthermore, madrasa students should also be familiarized with texts on the principles of jurisprudence written by scholars belonging to schools of Islamic jurisprudence other than their own.
Likewise, the present madrasa curriculum does not do justice to such subjects as the principles of Hadith and the principles of Quranic commentary. In some madrasas, no books on these subjects are taught at all or else some small booklets are used, and that too in a very cursory manner. Further, it would not be wrong to say that madrasas have not given the Quran its due. Generally, in our madrasas only two Quranic commentaries are taught: the Tafsir-e Baidhawi and Jalalayn. The former is clearly insufficient for expressing the actual spirit of the Quran, and it only entangles the reader in verbal puzzles. Further, it does not deal with the entire Quran, being restricted just till the Surah al-Baqarah. As for the Jalalayn, it is like a rendering of the Quran in a different form of Arabic. So, this is all that is taught in the madrasas about the Quran, although there are numerous books dealing with the meaning of and commentaries on the Quran that can be incorporated in the curriculum.
Madrasas give no importance at all to the teaching of history and to the books abut the life of the Prophet, although this was once a major area of specialization of the ulema. It is a subject that can never lose its relevance and importance. One of the reasons why much of the fiercely anti-Islamic propaganda coming out of the West has gone uncontested is because the ulema have ignored and are ignorant of the history of Islam, and so cannot counter the wrong allegations being made about it. Leave alone the history of non-Muslims or of recent global developments, about which they know almost nothing, madrasa students have an extremely superficial knowledge of even the early history of Islam and the Muslims. It is absolutely necessary that books on the history of Islam, of India and of the world be included in the madrasa curriculum.
Today, subjects need to be studied in depth and from their original sources. Critics of Islam have established specialized Islamic research centres, and they have a deep knowledge of our history, our beliefs, our theology and our laws, which they use to seek to distort the image of Islam. Islamic scholars should also study other religions, and for this, certain books can be included in the madrasa curriculum that provide an introduction to the various religions, their basic beliefs, their social and economic principles and the lives of their leaders, drawing upon their original and reliable texts and sources. Further, madrasa students must also be made aware of modern social and economic systems and philosophies and theories. They must have at least a basic idea of the thought of such key modern thinkers as Karl Marx, Lenin, Freud, Darwin and so on. While studying Islamic jurisprudence, they must be familiarised with the position of modern international law on key issues in a comparative perspective. Without this, modern challenges cannot be effectively answered and met.
That the distress of Mahatma Gandhi on the wake of partition of
Indian continent may still be heard from a distant voice calling to
the people to unite and the unity in diversities may provide India's
survival as a nation before partition which depends on a wider
vision of unity based on inter-dependence based on the sub
continents and secularism and social justice. Let us try to hear
again how distressed Mahatma ji was at the turn of events on the
wake of partition:
" So far it was my desire to live upto the age of one hundred and
twenty five years, but now I have no such desire. The objective
before me was not just to attain freedom, but also to remove all the
social ills in the society which had pestered during the 200 years
of the British Rule. They have practically divested us of our
traditions of tolerance and harmony and instead fomented hatred and discord through their communal policies . I had thought that we
could change the entire system and the people of this country and
would live together as brothers in love, harmony and peace, so that
coming generations may be blessed with all of that , which we have
been deprived of. Therefore in addition to the freedom of my
country , the primary objective of my life was maintenance of
cordial relations between Hindus and Muslims since I could not
attain my objective , this freedom has become tainted .Today when I
see Hindus and Muslims separated with more or less permanent gulf ,
I feel politically and spiritually defeated . I have no desire to
live any longer …….when I cannot remove this mutual hatred and ill
will between Hindus and Muslims , and cannot create feeling of love
peace and harmony in name of God and religion , you tell whether
there is any point in my living any more ? I would prefer death to
this kind of life."
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:
i. "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
emphasise it too much ; we should begin to work in that spirit , and
in course of time , all these angularities , of the majority and
minority communities, the Hindu community and the Muslim community ,
because even as regards Muslims, you have Pathans, Punjabis, Shias ,
Sunnis, and so on and among the Hindus you have Brahmins ,
Vaishnavas, Khatris also Bengalis Madrasi's and so on , will vanish.
You may go to your temples, Mosques or any religion or caste or
creed, that has nothing to do with the business of the state …….We
are starting with the fundamental principle that we all citizens and
equal citizens of one State…."
That Let us examine the factors responsible for the partition of
India , certain extra-ordinary emotional circumstances in the event
of quick succession rushed through a very disparate speed which
caught in the whirl wind having a sort of commutative effect on our
national life. The operation of the system of working of two
political parties that is Indian congress and Muslim league and lack
of collective wisdom in the leaders of both the political party had
ultimately resulted into the partition of Indian continent .
Gandihiji observed after the partition ,when the congress leaders
had virtually buried him a life , Gandhiji gave the said spirited
reply:-
" I cling to the hope that I am not yet buried alive. The hope rests
on the belief that massed have not lost faith in my ideals . When
it is proved that they have, they will be lost and I can then be
said to have been buried alive. But as long as my faith burns
bright, as I hope it will even if stands alone , I shall alive in
the grave, and what is more , speaking from it. The life is
worthless which ignores or disregards moral values."
That with the demand for local self government the tempo of
national movement gain movement gain momentum , thus the
government of India act 1909 Known as Morely Minto Act was passed
by the parliament of England. Then came the first world war 1914 in
which the people of India forgetting all differences , co-operated
in anticipation of self government and Home rule after the war .
This was done on the basis of pronouncement in parliament on 20th
August 1917 regarding assurance as per policy of British government
for granting responsible government by providing for the increasing
association of Indians cocuy branch of Indian administration and for
gradual development of self governing institution with a vision to
progressive realisation of responsible government in India as an
integral part of British empire and there after quit of India. Act
1919 was passed by the parliament.
That the governor general issue ordinance which were to have the
free of law for six months. The Indian people had expected much more
and men co-operation , civil discipline disobedience movements and
terrorist activities started . Inspired communal riots insisted the
necessity to send statutory commission popularity knew as Simon
commission for England in 1927 to study the problems which was
boycotted by Indian national congress. The commission submitted its
report vehemently condemning diarchy which was discussed at round
Table conference led to the government of India Act !935. Sir
Stafford Cripps made negations with the acceptance that the elected
body of Indians should frame the Indian constitution and for the
purpose cabinet mission was send to assist the viceroy in setting
up the constitution and to mediate between the congress and Muslim
league.
That Government of India Act 1935 has provided separate electorate
and communal representation in the central and provincial
legislature. To strengthen hands of all India Muslim league that
critical stage in 1945 , British Government had decided to hold
general election both for central legislative assembly and
provincial legislature under the government of India Act 1935. In
that high pitch of communal frenzy, the result was foregone
conclusion.
Intolerant Opportunist fanatics via judicial pseudo secularism/terrorism are the cause of defeat to idealistic Hindu
Combating terrorism, now being discredited by intolerant fanatics and opportunists politician, under whom ,the elite citizen, responsible for the executive functioning and the Investigating agencies responsible to protect the sovereign power of the State are knee down in anticipation of their posting for greasing their palm. This is the greatest problem of the world. It has become the threat to the Nations, who encouraged it during the process of the struggle of cold war, with fellow nation. The god of hated filled cult having its mandate to get the rid of the world of proclaimed “infidels” and “heretics”, are themselves struggling against their own weaknesses The kingdom of Arabia was formulated on the principles, that this world rejected all type of injustice, violence, breach of peace, bloodshed, murder and plunder. Jihad was defined after the battle of Bard. It is written in the “Kitbag al Tauhid”. The tomb of Prophet Muhammad was virtually destroyed in 1803 at Medina and People Stripped the Kaba at Makah. These people were declared Blasphemous. Virtually “Jihad”, which was earlier known as the struggle against oppression and rather a struggle against their own weakness, has started combating against their own people. There was the reformation. People disallowed ceremonies for marriage and death. They prohibited the worship of the saints, adorning of graves, tomb and monuments. They prohibited and provided the restriction upon holding religious processions, sharing art, music and dance and provided the proper place to women as their god only exposes fickleness of their minds. Most of the Muslim peers are flourishing, because of Hindus only, and will be shut if Hindus stop visiting them. The mosquitoes are flying in the air to drag the blood from the body of the defenseless Non violent citizen. Mosquitoes, even lesser in number, will suck the blood of Majority. They become the scorpions, if the number of carnivorous human being are proportionately increased to insufficient numbers. These people are viper snake converted to Cobra. The number of these poisonous reptiles Increased. Even, if they increased in quarter to the number of other community, they become pythons. Stop them from doing So in India, otherwise we will be buttered, as Hindus are Buttered in Bangladesh, Malaysia and Pakistan. The submissive nature of the Hindus is evident even today, even a single person of other faiths Hindus are credulous by nature. They simply believed what others said without suspecting the ulterior designs of the enemy. There were occasions when the idealist Hindu rulers sincerely honored a treaty or ceasefire in war but the crook enemy took undue advantage of their credulousness and captured them. If there were Jai Chands in medieval times, there are Laloos, Paswans, Mulayams, Arjuns in this era, who, for their momentary selfish motives, are selling the interests of the Hindus in the name of secularism without realizing the irreparable loss being caused by them to their community. Gandhi’s secularism always aimed at destruction of Hindus at the hands of Muslims. Paswan’s secularism advocates a Muslim Chief-Minister in Bihar. Arjun’s secularism believes in distorting our history. Numerous such pseudo secularists have always been active to destroy the Hindus. Making films on Hindu Gods & Goddesses causes irreparable harm to the faith. Human beings personifying Hindu Gods & Goddesses, pasteurization of vulgar scenes/songs in temples, showing Hindu Gods & Goddesses smoking in ad films only lowers their respect in the eyes of people. . Inviting censure of Sikhs by films like “Sava Lakh Se Ek Ladaoon”, and “Jo Bole So Nihal” are live examples of the concern of the Sikh community for their gurus, which regretfully is missing in the attitude of the Hindus. The beggars wearing masks of Hindu Gods and posing as Gods for begging in bazaars & streets definitely reduces obeisance for the Gods. The Muslim invaders exercised every atrocity on the native Hindus. They attacked us. They looted wealth, slaughtered innocent people, converted Hindus to Islam at the point of sword. They kidnapped our women and raped them with pride. They broke temples and erected mosques over them. They even decked idols of those temples in the stairs to humiliate Hindus. Famous historian late sri P.N. Oak claims that the so called Muslim monuments in India were originally the Hindu buildings. The Muslim invaders plundered them, captured them, broke them, sacrilege them and converted them into Muslim monuments. The Hindus, instead of considering them a stigma on the National honor take pride in calling them national monuments. Millions of rupees are spent on their maintenance. Some have been given the status of heritage buildings. A community of self honor would never accept such humiliation like this It is marriage within consanguinity. Though marriage within consanguinity is against Hindu marriage Act, but the custom overrides the statutory provisions. This weakens the uniformity of the custom at national level and makes us a subject of ridicule by others. I have seen Sikh leadership fighting collectively on different issues like Delhi riots, turban issue in France, kirpaan issue in Sweden, Santa-Banta (ridiculing cartoons) issue in Mumbai, turban-scanning issue in America. All the Sikh leaders irrespective of their political affiliation fought it collectively. Similarly, Prophet Mohammed’s picture (cartoon) in a Danish newspaper attracted protest from Muslims all over the world. Conversely, you can amply see Hindu leaders neutralising efforts of their own brothers without doing something for Hindu welfare and blaming of violating secularism. It is nothing but a cheap effort to earn momentary & transient acclaim from others. On the contrary, the leaders of other faiths are fighting collective, forgetting their political differences, definitely fetches them tangible results. Mulayam’s secularism impels him declare holiday in U.P. on last Friday of Ramjan. Mulayam, Pasvan throwing Iftaar parties to Muslims and wearing Muslim caps on their heads shamelessly is the burning example of pseudo secularism. . Conversion of Bangladesh from a secularist to an Islamic nation in 1979 did not perturb these secularists, nor did the planned elimination of Hindus in Bangladesh and Pakistan caused qualms of conscience to them. Now the only Nepal Hindu Country is Extinguished. If the journalist has started hurling the shoe on the face of Union Home Minister. It is the beginning of retaliating of the outrage emotion of the people to thwart the govt. , which is continuing by sheer opportunism and will perish it existences, as the combating the Islamic violence will come to an end. At least Mr. Jagdish Titaler and mr. Shajjan have been eliminated from the Zone of the fight in this battle by their field set up by their own guardian, for whom these criminals participated in Genocide and Murder of Khalsa Akhali People.
All the members of the court are considered as wounded, where justice is found wounded with inequity, and judges do not extract the dart of inequity from justice or remove its blot and destroy inequity, in other words where the innocent are not respected and the criminal are not punished. A virtuous and just person should never enter a court and when he does so, he should speak the truth; he who holds his tongue on seeing injustice done, or speaks contrary to truth and justice, is the greatest sinner .Justice destroyed, destroys its destroyer; and justice preserved, preserves its preserver. Hence, never destroy justice , lest being destroyed, it should destroy thee. In this world justice or righteousness alone is man’s friend that goes with him after death. All other things or companions part on the destruction of the body and he is detached from all company. But the company of justice is never cut off. When injustice is done in the government court out of partiality, it is divided into four parts of which one is shared by the criminal or doer of injustice , the second by the witness, the third by the judges, and the fourth by the president king of an unjust court. Legal justice , with a humane mission, must update itself to legitimize progressive urges, discern the reality of social changes and design its delivery system, so as to obviate the dominance of the Proletariat by the accelerate people’s access to effective., limitative justice. The contemporary command of social justice, which is also the socio-economic demand of the common people, is that the prevalent forensic astigmatism shall be corrected by sloughing off archaic, arcane authoritarian procedures which often spawn the paradox of a wealth of abuses and a poverty of access vis-à-vis institutions of legal justice.
The bar and the bench are meant to provide mutual assistance for dispensing the justice. A prominent Bar is always considered to be of utmost requirement for imparting the duties assigned to the Judge, while deciding the case before him. The opportunist Lawyers always get their position in the matter of Elevations of the Supreme Court and High Court Judges. How , one may forget the Incident of the Supersession of the three Judges, When Justice A. N. Ray was elevated as Chief Justice of India by Smt. Indira Gandhi. She purposely restricted the free speech of Indian Hindus, who were subjected to atrocities by the fundamentalists Muslims and ultimately the Suppression of the Right of free expression, Prohibition against resurrections and Suppression of the Right of Life came into Picture. It was the period worst than the period of British Rule, When at least Hindus were given their due protection against atrocities committed by Muslims and by Hindus upon the weaker Section Of Society. How one can forget the humiliation suffered by Justice H.R. Khana for giving the minority Judgment in MISA preventive detention matter pertaining to ADM Jabalpur case .Judicial activism was based upon accountability of the Executive action in the State. This was increased during the period , when Judges Of High Integrity, and Potentials were being elevated to the Bench. It was just after taken over the process of selection of Judges by The collegiums of The Judiciary. The system of Give And Take In the process of the Elevation Started. It was during the period of adorning the crown by the Judge of the particular religion, that 20 judges of insignificant age were elevated with the Idea of promoting the Jihad in the arena of the Judiciary also. Judicial activism abrogated just after their elevation. It has been finally came to an end. It is well known that accountability is not wanted by the criminals and when the foundation of their religion are it self based upon sex and crime, how does this situation , which promoted the deception by falsehood, cheating, subjugation and abrogation of the means of innocent citizen for promoting Darul E Islam may not be liken by them. Why these individual will invite the risk to have their Transparency and accountability. There was the mission with political agenda to capture the entire world in dominance of a particular religion, while Hindu judges remain satisfied with their lust for greed, power, favoritism and Corruption. Thus the beginning of opportunism has gone to the extend that Kashmir Brahmins, who were uprooted from their motherland, but their representative, after emergence of Gandhi- Nehru Nexus, for being them elevated to supreme Court and High Court of Delhi, have now started declaring that Aurangzeb was the Secular and the painting of M. F. Hussein depicting the portraits of Ma Durga, Ma Swarswati, Ma Parvati, Mata Laxmi and Even Naked Bharat Mata. The chapter of Judicial activism, which was once started by the esteem respected Judges of Supreme Court was not only eroded, but the Judgment given BY Justice Kuldeep Singh in Smt. Sheila Dixit, Mr. Kamal Nath cases ( In reM.C. Mehta Motal – Bias River Water Diversion were Reviewed by these Justices. . Smt. Indira Gandhi had taken the license to denounce the authority of Comptroller and accountant General by getting the Expenditure disproportionate to its pre audit limit, which was not changed. Now the Government is ruled by alien power. Sonia Gandhi has taken the command in her hand to mis-utilization the investigating agency of Central Bureau Of Investigation to get her political empire remain intact, even if no confidence motion passed by majority of political party. Now the Nation is Govern without any Ethics, that is , if you Show me the man, I will make a Law to benefit him. The judicial Activism is Over. The people are ruled by alien power. They can not Combat Islamic Jihad. Law does not talk with Justness. There is no accountability. Judges are elevated, having no essential qualification, which is based upon rational classification. Opportunists are elevated. Supreme Court Stay the entire proceedings, even beyond the scope of the adjudication placed before Them. Justice Nirmal Yadav elevated, who are indulged in briary . Number of Judges remained involved in Provident Fund Scam, but who has been resigned till yet. This idea may promote us of secularist Time and again Commissions have been constituted to convict, by hook or crook, the accused of the 1984 Delhi riots. It is the matter of disgraceful event in the history of Judicial accountability, that Justice, U. C. Banerjee may declare that there was no incident of Godhra Burning of Ram Kar Sevak and there after , even after the acquittal of the innocent people in Post Godhra Violence, Which Provoked on Account Of the Arson Of Godhra Mass Burning , the further trial in 2002 Gujarat riots even after their acquittal by the courts of law. On the other hand, terrorists like Wassan Singh, Zaffarwal and Jagjit Singh Chauhan deserving severe punishment have gone scot-free for want of proof and it did not impel any secularist to deplore such acquittal and seek re-trial. Mushrooming madrasas in the country indulging in anti-Indian activities. This does not worry these secularists but they have the audacity to term the activities of RSS and VHP as anti-nationalists. For them, religion-based reservation for the Muslims in AMU is not an anti-national act, but the alleged discrimination in relief-distribution to the quake-hit in Bhuj surely perturbs these secularists. 5% reservation for Muslims in A.P. awaiting emulation by Bihar and many other State Governments is another burning example of their secularism. Pampering the Muslims at the cost of the Hindus is an unpardonable sin, which cannot be forgiven by any rational and nationalist Indian. It is nothing but a political gimmickry for appeasement of Muslims to garner their votes, which has rendered the Hindus orphans in their own land. The coming generations of ours are being recklessly thrown to a disadvantageous position. The virtual slavery is inevitable for us. The irony is that their secularism erupts only when the interests of the non-Hindus are involved. Thousands of Hindus being murdered in Mopla and Naokhali riots before partition, lakhs of Hindus being butchered and cores suffering displacement during partition in 1947 did not make a dint on any of these secularists. Thousands of Hindus being slain in Punjab and Jammu & Kashmir and lakhs are being rendered refugees in their own motherland. This did not shake the soul of the secularists. Conversion of Bangladesh from a secularist to an Islamic nation in 1979 did not perturb these secularist, nor did the planned elimination of Hindus in Bangladesh and Pakistan caused qualms of conscience to them. The kar-sewaks burnt alive in Godhra. This doesn’t make any difference to these secularists, but its reaction in the form of Gujarat riots is termed as a “blot” on humanity and the heads are “lowered in shame”. Muslim invaders looted & demolished thousands of temples and erected mosques over them, but redeeming Ram Temple from underneath Babri mosque is the “blackest day” in their life Secularism (or pseudo-secularism?) has done immeasurable harm to Hinduism. The selfish Hindu leadership, both religious & political, is always eager to compromise the interest of Hindus for transient gains, in the name of secularism, without realizing the harm caused to the religion in the long run. Is this secularism not applicable to Muslims? Never does a Muslim ever talk of respect to the other faiths. Hindus are always eager to appease the other communities (Muslims, Sikhs, Christians etc.) by following their customs/rituals. We may justify it as secularism, but actually it reflects our wavering faith in our own Gods and Goddesses. On the contrary, rarely is a follower of other faiths seen in our temples or practicing our rituals. The Hindus are not ready to bear pain involved in fighting for their own rights and always look towards others to fight for them. This philosophy has made us cowards to such an extent that we did not retaliate, even the invaders, who attacked us in our homeland. Just a handful of Muslim invaders attacked us, captured us, slew us, converted many to Islam, outraged the modesty of our women, broke our temples and used every possible atrocity to destroy Hinduism, but the philosophy of non-violence made the Hindus surrender every where. The Hindus, who believe always in the existence of Gods and Goddesses as the symbolic representation of their faith in the form of worshiping of trees meant for their own protection of life as synonymous to god like peepal, banyan, banana, tulsi and jand, tamarind, kalamba etc, as all having medicinal values and their cultural triggers. Their zoolatry is in worship to the different form of animals, as their existence is required to maintain Eco- Environment- Ecological Balance for survival of Human Race. Lack of faith has seriously affected unity among the Hindus and has lead to disorganization and weakening of the Hinduism. On thousands of occasions, Hindus have miserably failed to protect the respect of their Gods and Goddesses and religious This makes us unorganized and leads to lack of consensus on trivial issues like dates of Hindu festivals. Our religious scholars seldom agree on single date for festivals leading to celebration of festivals on different dates. This dilutes the devotion & enthusiasm and also impels a sense of ridicule for our religion in the minds of others. This is solely because of non-availability of a centralized religious command. This gave the others an excuse to shy away from the duty to sacrifice for the country. Whenever there was any attack, it was the Kshatriyas, who were to face the brunt. Many a time, their short number or non-availability of fighter-Kshatriyas, lead us to their defeat in wars.
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
Civil Misc. Application No. 3618 of 2004
(Under Section 151 CPC)
In
Civil Misc. Writ Petition No. of 2004
(Under Article 226 of constitution of India)
(District – Agra)
1. Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O – Plot No. 10, Goodwill Society,
Aundh, Pune – 411007
2. P. N. Oak. S/O Late Shri Nagesh Krishna Oak, R/O – Plot No. 10, Goodwill
Society, Aundh, Pune – 411007 ,Founder President, Institute of Rewriting
Indian History, Aundh, Pune – 4110071————-Petitioner
VERSUS
1. Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi.
2. Secretary, Tourism and Archeological Department, Govt. of India,
New Delhi
3. Director General,
Archaeological Survey of India,
Government of India, Janapath, New Delhi.———Respondents
To,
The Hon’ble the Chief Justice and his Lordships other companion Judges of the aforesaid Court.
The humble writ petition of the abovenamed petitioner MOST RESPECTFULLY SHOWETH AS UNDER;
1. That the full facts and circumstance of the case are given in accompanied writ petition, it is most respectively prayed that an ad-interiem-mandamus by appointing a facts finding committee for exposing the falsehood of the Arceaological department regarding the historical blunder committed by them in respect of their purported claim set-up in declaring Taj-Mahal, Red- fort Agra, Fatahpur –Sikiri and other ancient Hindu buildings/ monuments as Muslim monuments and truth may be disclosed to the public/citizens and students in subject of history regarding their true authorship prior to Mughal period in furtherance of their fundamental rights conferred to the Citizens under Article 19 (1) (a), 25 and 26 read with49 and 51-A(f) (h) of Constitution of India and Freedom Of Information Act, 2002.
2. That it is further prayed that an ad-interim-Mandamus directing the respondent authorities after due Scientific investigation and facts finding inquiry report, the respondents in particular the Archaeological Survey of India may Declare and Notify in terms of the true history, as the Taj Mahal was not built by Shahajahan and thereby directing the Archaeological Survey of India to remove the notices displayed by them in the Taj Mahal premises crediting Shahjahan as its creator and to futher desist from writing / publishing / proclaiming / propagating and teaching about Shahjahan being the author of Taj Mahal and stop and discontinue the free entry in Taj Mahal premises on Fridays in the week.
3. That it is further prayed that an ad-interim mandamus directing the respondent authorities in particular Archaeological Survey of India 1)-to open the locks of upper and lower portions of the 4 storeyed red stone building of Taj Mahal having numbers of rooms, 2)-to remove all bricked up walls build later blocking such rooms therein, 3)-to investigate scientifically and certify that which of those or both cenotaphs are fake,4)-to look for a subterrance storey below the river bank ground level, 5)-to look into after removing the room-entrance directly beneath the basement cenotaph-chamber.6)- by removing the brick and lime barricade flocking the doorway, 7)-to look for important historical evidence such as idols and inscriptions hidden inside there by the Shahjahan’s orders as truth may not make us rich but the same will make us free from superstitions and false propoganda.
4. That it is further prayed that an ad-interim-mandamus may further be issued declaring the provisions of The Ancient And Historical Monuments And Archaeological Sites And Remains (Declaration Of National Importance) Act, 1951 to the extend of declaring the ancient and historical monuments and other and Archaeological Sites namely Taj Mahal. Fatehpur-sikiri, Agra Red Ford , Ethmadualla and other Monuments as built by Mugal invaders allegedly on the basis of report submitted by Then Governor General, Lord Auckland, and young lieutenant Alexander Cunningham conceived indigenous scheme of “Divide and Rule” and thereby misusing the archaeological studies, be declared as ultravires to Article 19 (1) (a), 25,26 49 And 51-A (f) (h)constitution of India and this Hon’ble Court may futher declare the provision of Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 (71 of 1951), The Ancient Monuments And Archaeological Sites And Remains Act, 1958 of declaring these ancient building/ monuments preserved with such false graeyards identity with out any scientific inquiry/ investigation as purported Mugal monuments / graveyards as unconstitutional and void.
5. That it is further prayed that an ad-interim mandamus on the basis of the Research Conducted by the petitioner No.-2 as published in the different books written by him as referred in earlier paragraphs namely 1. World Vedic Heritage, 2. The Tajmahal is a Temple Place, 3.Some Blunders of Indian Historical Research, 4. Flowers Howlers, 5. Learning Vedic Astrology, 6. Some Missing Chapters of World History, 7. Agra red Fort is a Hindu Building, 8.Great Britain was Hindu Land, 9. The Taj Mahal is Tejomahalaya a Shiva Temple, 10.Who Says Akbar was Great, 11. Vedic Guide to Health, Beauty, Longevity and Rejuvenation, 12. Islamic Havoc in Indian History Published by-HINDI SAHITYA SADAN 2, B. D. Chambers, 10/54 D. B. Gupta Road, Karol Bagh, New Delhi-110005, and the truth may be exposed through Scientific inventions and temperaments to the Citizen/ Students of history by conducting the research/ excavations of the remains of Hindu monuments by the Central Government surroundings to all such Hindu Palace/ temple and other ancient archaeological building/ Monuments as the incidents like demolition of disputed structure at Ayodhya may not be repeated resulting in mass destruction of the public property shacking of public confidence under Rule Of Law in the society; Or and Any other Direction, Which this Hon’ble Court May deem fit in the circumstances of the case
Prayer
It is most respectively prayed that an ad-interiem-mandamus by appointing a facts finding committee for exposing the falsehood of the Arceaological department regarding the historical blunder committed by them in respect of their purported claim set-up in declaring Taj-Mahal, Red- fort Agra, Fatahpur –Sikiri and other ancient Hindu buildings/ monuments as Muslim monuments and truth may be disclosed to the public/citizens and students in subject of history regarding their true authorship prior to Mughal period in furtherance of their fundamental rights conferred to the Citizens under Article 19 (1) (a), 25 and 26 read with49 and 51-A(f) (h) of Constitution of India and Freedom Of Information Act, 2002.
1. It is further prayed that an ad-interim-Mandamus directing the respondent authorities after due Scientific investigation and facts finding inquiry report, the respondents in particular the Archaeological Survey of India may Declare and Notify in terms of the true history, as the Taj Mahal was not built by Shahajahan and restrain them from displaying the authorship of these buildings as constructed by Sahajahan or by any mughal Invaders thereby directing the Archaeological Survey of India to remove the notices displayed by them in the Taj Mahal premises crediting Shahjahan as its creator and to futher desist from writing / publishing / proclaiming / propagating and teaching about Shahjahan being the author of Taj Mahal and stop and discontinue the free entry in Taj Mahal premises on Fridays in the week.
2. It is further prayed that an ad-interim mandamus directing the respondent authorities in particular Archaeological Survey of India 1)-to open the locks of upper and lower portions of the 4 storeyed red stone building of Taj Mahal having numbers of rooms, 2)-to remove all bricked up walls build later blocking such rooms therein, 3)-to investigate scientifically and certify that which of those or both cenotaphs are fake,4)-to look for a subterrance storey below the river bank ground level, 5)-to look into after removing the room-entrance directly beneath the basement cenotaph-chamber.6)- by removing the brick and lime barricade flocking the doorway, 7)-to look for important historical evidence such as idols and inscriptions hidden inside there by the Shahjahan’s orders as truth may not make us rich but the same will make us free from superstitions and false propoganda.
3. It is further prayed that an ad-interim-mandamus may further be issued declaring the provisions of The Ancient And Historical Monuments And Archaeological Sites And Remains (Declaration Of National Importance) Act, 1951 to the extend of declaring the ancient and historical monuments and other and Archaeological Sites namely Taj Mahal. Fatehpur-sikiri, Agra Red Ford, Ethmadualla and other Monuments as built by Mugal invaders allegedly on the basis of report submitted by Then Governor General, Lord Auckland, and young lieutenant Alexander Cunningham conceived indigenous scheme of “Divide and Rule” and thereby misusing the archaeological studies, be declared as ultravires to Article 19 (1) (a), 25,26 49 And 51-A (f) (h)constitution of India and this Hon’ble Court may futher declare the provision of Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 (71 of 1951), The Ancient Monuments And Archaeological Sites And Remains Act, 1958 of declaring these ancient building/ monuments preserved with such false graeyards identity with out any scientific inquiry/ investigation as purported Mugal monuments / graveyards as unconstitutional and void.
4. It is further prayed that an ad-interim mandamus on the basis of the Research Conducted by the petitioner No.-2 as published in the different books written by him as referred in earlier paragraphs namely 1. World Vedic Heritage, 2. The Tajmahal is a Temple Place, 3.Some Blunders of Indian Historical Research, 4. Flowers Howlers, 5. Learning Vedic Astrology, 6. Some Missing Chapters of World History, 7. Agra red Fort is a Hindu Building, 8.Great Britain was Hindu Land, 9. The Taj Mahal is Tejomahalaya a Shiva Temple, 10.Who Says Akbar was Great, 11. Vedic Guide to Health, Beauty, Longevity and Rejuvenation, 12. Islamic Havoc in Indian History Published by-HINDI SAHITYA SADAN 2, B. D. Chambers, 10/54 D. B. Gupta Road, Karol Bagh, New Delhi-110005, and the truth may be exposed through Scientific inventions and temperaments to the Citizen/ Students of history by conducting the research/ excavations of the remains of Hindu monuments by the Central Government surroundings to all such Hindu Palace/ temple and other ancient archaeological building/ Monuments as the incidents like demolition of disputed structure at Ayodhya may not be repeated resulting in mass destruction of the public property shacking of public confidence under Rule Of Law in the society.
5. Any other Direction, Which this Hon’ble Court May deem fit in the circumstances of the case
Dated; 7th Sepetember ,2004
Yogesh Kumar Saxena
Advocate, High Court
(Counsel for the Petitioner)
Chamber No.139, High court, Allahabad
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
Civil Misc. Writ Petition No. 3618 of 2004
(Under Article 226 of constitution of India)
(District – Agra)
1. Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O – Plot No. 10, Goodwill Society,
Aundh, Pune – 411007
2. P. N. Oak. S/O Late Shri Nagesh Krishna Oak, R/O – Plot No. 10, Goodwill
Society, Aundh, Pune – 4110071. Founder President, Institute of Rewriting
Indian History, Aundh, Pune – 4110071 ———–Petitioner
VERSUS
1. Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi.
2. Secretary, Tourism and Archeological Department, Govt. of India,
New Delhi
3. Director General,
Archaeological Survey of India,
Government of India, Janapath, New Delhi.———-Respondents
To,
The Hon’ble the Chief Justice and his lordships other companion Judges of the aforesaid Court.
The humble petition of the abovenamed petitioner MOST RESPECTFULLY SHOWETH AS UNDER;
1. That, no other writ petition has been filed or pending on the same controversy involved in the present writ petition before this Hon’ble Court, nor the petitioner’s institution, namely, “ Institute for Re-writing Indian (and World) History” has received any notice of caveat application so far in the present writ petition. The petitioner No.1 and petitioner No.2 are same person, but they are impleaded in different capacity.
2. That this writ petition is moved to re-establish the truth and cultural heritage of our Country. This writ petition is pertaining to the world marvel, one of the Seven Wonders of the World, namely, Taj Mahal, and other monuments authorship attributed to Hindu Rulers, much prior to the period of Mugal Invaders. The ancient monuments and structure are part of our tradition and culture and evidence of glorious-marvelous architectural achievement and further to that it is a part of our heritage. Fraud upon history should not be perpetuated as life is evaluated in the perspective of history. For the sake of history of heritage, these monuments should be identified, protected and preserved properly in the right perspective with right historical records of creation and construction of truth and realities, which includes rectifying and/ or correcting the wrong records, notions, motivated dis-information and mis- information.
3. That this writ petition is moved in the Public Interest, for a National Cause, to establish the truth there is no private interest or any other oblique motive, or any other personal gain. The petitioner institution, known as Institute for Re-writing Indian History, Thane, having registration no. F-1128 (T) is a public trust. The founder president of the trust is Shri P.N. Oak S/o Late Shri Nagesh Krishna Oak, R/o- Plot no. 10, Goodwill Society, Aundh, Pune.411007, who has written number of books namely 1. World Vedic Heritage, 2. The Tajmahal is a Temple Place, 3.Some Blunders of Indian Historical Research, 4. Flowers Howlers, 5. Learning Vedic Astrology, 6. Some Missing Chapters of World History, 7. Agra red Fort is a Hindu Building, 8.Great Britain was Hindu Land, 9. The Taj Mahal is Tejomahalaya a Shiva Temple, 10.Who Says Akbar was Great, 11. Vedic Guide to Health, Beauty, Longevity and Rejuvenation, 12. Islamic Havoc in Indian History.
4. That the petitioner No. 2 is the founder President of an Institution, namely, “ Institute for Re-writing Indian (and World) History “. The aim and objective of that institution, which is a registered society having register no. F-1128 (T) as the public trust under the provision of Bombay Public Trust Act. Inter alia, is to re-discover the Indian history. The monumental places of historical importance in their real and true perspective having of the heritage of India. The true copy of memorandum of association of the aforesaid society / public trust having fundamental objectives along with Income tax exemption certificate under section 80-G (5) of I.T. Act, 1961 for period 1/4/2003 to 31/3/2006 are filed herewith as marked as Annexure No.1 and 2 to the writ petition.
5. That the founder-President of Petitioner’s Institution namely Shri P. N. Oak is a National born Citizen of India. He resides permanently at the address given in case title. The petitioner is a renowned author of 13 renowned books including the books, titled as, “ The Taj Mahal is a Temple Place”. This petition is related to Taj Mahal, Fatehpur- Sikiri, Red-fort at Agra, Etamaudaula, Jama- Masjid at Agra and other so called other monuments. All his books are the result of his long-standing research and unique rediscovery in the respective fields. The titles of his books speak well about the contents of the subject. His Critical analysis, dispassionate, scientific approach and reappraisal of facts and figures by using recognised tools used in the field gave him distinction through out the world. The true copy of the title page of book namely “The Taj Mahal is a Temple Palace” . written by Sri P. N. Oak, the author/ petitioner No. 2 is filed as Annexure –3 to this writ petition.
6. That the great “Kshatriya community” pride to defend their faith and the culture of our country against foreign invasions in converting the monuments by the foreign invaders requires a sacrificial magnanimity and moral purity in the exposure of the truth to the public and thereby to safeguard their right of freedom of information couched under Article 19(1) (a) is the theme behind the writing this Article and the present Petition .The serene beauty, majesty and grandeur of the Taj Mahal, one of the seventh wonders of the world and other monuments is still not so well known to the world regarding the true story of its origin. The magnificent palace, which was built earlier got converted into the Tomb .The changeover has proved a shroud deluding from lay visitors to the researchers and the great historian Sri P.N. Oak, a co-worker of Netaji Subhash Chandra Bose. The popular nostalgia of legendary love to get the conversion of every Hindu Palace/Temple due to mythical attachment from fanatic raging fire converting dazzle of leaping flames and blinding smoke should be discouraged into a cool research regarding the origin. This is required to check a different form of terrorism prevalent amongst the crusader of the death to the innocent victim on the psychological level. Let us examine the scared truth about the origin of the monuments.The true copy of the title cover of books namely “Some Missing Chapters of World History” and “Some Blunder Of Indian Historical Research” written by Sri P. N. Oak containing the Boigraphy sketch of identity of great author are filed as Annexure No. 4 and 5
7. That the said book, which is the ‘ research paper’ of the author on the subject that the so-called “Taj Mahal “ is not a monument built by an Invader Emperor Shahajahan in memory of his late wife but a Hindu Shiva Temple which was converted into a love-memorial by a Invader Emperor. The true copy of the book was first published in 1968, 2nd edition on 1969, 3rd edition in 1974 namly THE TAJ MAHAL IS TEJO-MAHALAYA : A SHIVA TEMPLE is filed herewith as Annexure No.6 and large 4th edition published in 1993 shall be produced is being directed by this Hon’ble Court.
8. That the afforesaid book contaning 35 pages –booklet lists scrially numbeded 118 points of evidence with may be treated as the submission made before this Hon’ble Court for making following demands (I) The Archaeological Survey of India (ASI) be ordered to remove forthwish its notices at the entrance to the Taj mahal in Agra attributting its creation to Shahjahan, since those notice in English, Hindi and Urdu are false and baseless and quate no authority.(II) Misuse of the left – flank building as a mosque be banned since the entire premises constitute a pre-Shahjahan Tejomhalaya Shiv Temple complex. (III) Free entry on Fridays be ordered to be discontinued since there being no geniune mosque in the premises why should the Government lose a day’s revenue! (IV) If Free entry on Fridays is not discontinued then Mondays should also be free-entey days because that is a day of special Shiv worship. (V) The Tejmahal, its two flanking buildings and a well being all seven-storyed they enclose over a thousand rooms which should all be thrown open to visitorssince they are charged an entrance free. (VI) The A.S.I. be ordered to remove its locks from those storyed and also pull down the crude unplastered walling-up by Shahjahan of staircases, ventillators and doorways leading to those sealed rooms. (VII) The A.S.I. be directed to search for hidden histirical evidence such as inscriptions, divine idols etc. in those sealed rooms and thick walls tampered with by Shahjahan. (VIII) The water in the seven-storyed wall be pumped out to look for jettisoned valuable and inscription etc. at its bottom when Shahjahan’s Mogul troops swooped to confiscate that temple palace complex and the bullion, gems, gold-pitcher, the gem-studded gold-railing and the Peacock Throne inside, owned by Raja Jaisingh of Jaipur. (IX) Beating of Nagaras (drums) at ausicious dawn and dusk hours be resumed as of yore in the two Nagarkhanas in the premises. (X) Since the Taj has two cenotaphs each in the name of Shahjahan and Mumtaz in two storeyes at least one each of those two pairs of cenotaphs must be fake since Muslims don’t cut their dead into two pieces to be buried under two cenotahs it is belived. Even the basement conotaphs could’s be genuine because they are two storeyed higher than the Yamuna river bed ground level. Therefore the ASI be directed to investigate which of those cenotaphs if any are genuine or whether both are fakes or whether there are any more fake conotaphs upto the ground level ? (XI) The Koranic graft patched along the entrance arches be ordered to be removed since those are illagel forged imposition to be Islamic lettering desecrating the ancient sacred Shiv shrine. (XII) Extensive repairs to the hundreds of sealed or locked rooms in the storeyes beneath and above the marble floor be ordered to be undertaken immediately to prevent collapes of the Tajmahal from internal weakness. (XIII) The A.S.I. should be directed to intestigate as to who stencilled the Arabic letter ‘Allah’ and some Englishmen’s names on the mental pinnacle shift rooted in the dome, since no such names exits on the full scale replica of the pinnacle shaft inlaid in the red stone courtyard on the eastern flank of the Tajmahal. (XIV) The Muslim attendants squatting by the side of the cenotaphs should be decommissioned and disbanded because the cenotaphs are fakes covering the ancient Shivlings. (XV) Since the towering seven-storyed Tajmahal edifice must have been raised over an underground basement the ASI should be directed to investigiate whether there is any such hidden, buried basement as was the ancient Vedic practice.
9. That in 1155- 1158 A.D.It is said that Raja Paramdardi dav, a Jat Ruler on his behalf and on behalf of the Minister Salakahan who constructed Tejoji Mahal which came in occupation Of Raja Man Singh and remain in possession of Raja Jai Singh when It was tken for conversion to Taj Mahal, for the purposes of shifting the remains of Arjumand Banu( Mumtaj )W/o Emperor Shahajahan Died In between 1629-1632 and buried at Burhanpur and her body Exhumed after about 6 months (as disclosed in Shahajan Badshahnama written by MullaAbdul Hameed lahori).
10. That, it is said that in 1629-1632 A.D. Arjumand Banu( Mumtaj )W/o Emperor Shahajahan Died in between and was buried at Burhanpur and her body may be Exhumed after about 6 months.It is submitted that 1641-1668 A.D.is probable period of the shroud deluding changeover of Hindu Palace/Temple as mughal Monument/ Graveyard. It is submmited that in 1652 A.D. Aurangazab Letter showing his somsidern about need of elaborate repairs of Taj Mahal.. If Taj Mahal was constracted in 1641 to 1668, why Auranjab sought for illobrate repair. It was nothing, except for changing the authoriship of building as Mughal monument. In 1658 A.D. Emperor Shah jahan died. Their after his graveyard was also placed in Taj Mahal near the graveyard of Arjumand Banu( Mumtaj )W/o Emperor Shahajahan. It appear that koranic in graving dragged for camouflaging Hindu building with Muslim Lattering as a hoary tredition, which is evidence Adhai- Din-Ka-opda at Ajmar which was a part of vigragharaj Vishandeo’s palace an also at kutabminar with a legerdemain of Islamik carinngs on it.
11. That in 1843 A.D., the Governer General Lord Auckland with his lieutenant cunningham tempered entire historical data of the arcologicaly department by converning the authoriship of these Hindu palaces to Mughal monument for adoptding the policy of “Divide and Rule”. A deep Conspiracy Committed By Lieutenant Alexander Cunningham in 1842-1847.
12. That in 1904 A.D., the provisons of The Ancient Monuments Preservation Act, 1904,have further tempered the entire histrocial data of the arcologicaly department by converning the authoriship of these Hindu palaces/monuments to Mughal monument for adoptding the policy of “Divide and Rule”
13. That in 1951 A.D., the provision of “The Ancient And Historical Monuments And Archaeological Sites And Remains (Declaration Of National Importance) Act, 1951”are further intesified the falsehood of these Buildings by shifting the authership of these monuments. Thus this Writ Petition is filed seeking declaration to the extend of declaring the ancient and historical monuments and other and Archaeological Sites namely Taj Mahal. Fatehpur-sikiri, Agra Red Fort, Ethmadualla and other Monuments as built by Mugal invaders allegedly on the basis of report submitted by Then Governor General, Lord Auckland, and young lieutenant Alexander Cunningham conceived indigenous scheme of “Divide and Rule”and thereby misusing the archaeological studies, be declared as ultravires to Article 19 (1) (a), 25,26 49 And 51-A (f) (h) Constitution of India.
14. That this Hon’ble Court may futher declare the provision of Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 (71 of 1951), The Ancient Monuments And Archaeological Sites And Remains Act, 1958 of declaring these ancient building/ monuments preserved with such false mughal identity with out any scientific inquiry/ investigation as purported Mughal monuments / Graveyards as unconstitutional and void.
15. That in 1968 A.D Sri P.N.Oak written his first book titled as Taj Mahal is TEJO-MAHALAYA : A SHIVA TEMPLE. In 1974 A.D. It is submitted that in the Carbon dating test –14 conducted of the doors timber placed on the Northern side of Taj Mahal building now remooved from its location Towards Yamuna River at Dashahara Ghat and Basai Ghat from where the public could have a glance towards Shiva Temple constructed at the top of Raja Mansingh Palace Which was in Occupation of his grand Son Raja Jai Singh, when it was forciably taken by Emperor Sahajahan for burial of Arjumand Banu( Mumtaj )W/o Emperor Shahajahan Died in between and buried at Burhanpur and her body Exhumed after about 6 months
16. That this book is being well accepted in India and abroad. The popular nostalgia for legendary love has helped fan then flame of Shahajajahan’s mythical attachment to Mumtaz into a raging fire, envoloping the taj in the dazzale of leaping flames and blinding smoke of imaginary accounts, discouraging the cool, dispassionate research about its origion It has raised no controversy. Since the reasons given therein supported with documented record have proved conclusively the findings and conclusions of the author. Thus the objective of the research conducted by the petitioner No.2 is not to cultivate any animosity or any thing to invade the feeling of any citizen, except the exposure of the truth to the citizen, historians and to the young generation, as they may not be mislead by falsehood, in order to swept away by the impulse of terrorist oriented approach of the fundamentalist under our secular democratic structural approach in the preamble of our constitution.
17. That Hindu Palace/Temple conversion in Invader Monuments like Taj Mahal- Invasion of our Indian Heritage by Archaeological Dept under the garb of The Ancient Monuments And Archaeological Sites And Remains Act, 1958 ( Act No.24 of !958)- Indian Historical Blunders – A deep Conspiracy Committed By lieutenant Alexander Cunningham in 1842-1847.Reference collected from the books of Sri P.N. Oak – The Taj Mahal Is A Temple palace – Some Blunder of Indian Historical Research –Some Missing Chapters of World History- AGRA RED FORT is a Hindu building. Published by-HINDI SAHITYA SADAN 2, B.D. Chambers, 10/54 D. B. Gupta Road, Karol Bagh, New Delhi-110005.
18. That the freedom of speech and expression is basic to indivisible from a democratic polity .It includes right to impart and receive information. Restriction to the said right could be only as provided in Article 19(2) to (6) of the constitution of India. The old dictum let the people have the truth and the freedom to discuss it and all will go well with the Government. It should prevail. The true test for deciding the validity is whether it takes away or abridges fundamental right of the citizens. If there were direct abridgement of the fundamental right of freedom of speech and expression, the law would be invalid. If the provisions of the law violate the constitutional provisions, they have to be struck down and that is what is required to be done in the present case .It is made clear that no provision is nullified on the ground, that the Court does not approve the underlying policy of the enactment.
19. That the ambit and scope of “Right to Know “ along with right of conscience, fath and Religion are conferred fundamental right under Article 19 (1)(a), 25, 26, 49, 51-A (f) (h) of the Constitution of India; read with the provision of Freedom of Information Act, 2002 .The right to get information in democracy is recognized all throughout and it is a natural right flowing from the concept of democracy itself. Freedom of expression may be necessarily included in the right of information. There is no expression with out having an idea on the subject, regarding which the expression of an individual may be given effect to change the existing values of ideology, which are based on the notable extracts of certain facts. An enlightening informed citizen would undoubtedly enhance democratic values. On one hand, we are suffering from the past prejudice of caste predomination amongst the different section of the citizen. This country called as Arya Varta in the ancient time was so excellent, as there was no match equal to our country on this earth. The creation of the terminology of Aryan considering themselves to be noble was earlier regarded the real philosopher’s touchstone to eradicate the falsehood from its perception. However by the gradual deterioration in the standard of the good behavior, righteousness, decency which were having the foundation of impartiality, love and conscientiousness, there has been the complete absence of discrimination in the social coordination. The true copy of the provision of Freedom of Information Act, 2002 is filed herewith and marked as Annexure No. 7.
20. That truth will not make us rich, but it will certainly make us free. The wrong historical data leads to the horror, as we have seen during the period of demolition of the Babri Masjid. There has been number of concomitant given by the respective community representing to the follower of two prominent religions, but the loss that we have suffered in the shape of hatred between the two section of the society, cannot be compensated without revealing the truth. Unfortunately, the term Hindu communalism is more exaggerated by the fanaticism under the garb of secularism, while the Hindu community as a whole has always been receptive to all the religion. The question, which is cropping its importance, is much more in relations to the question pertaining to Invader contributions to Indian life and culture. Such facts which have been geared to brainwash the subject of the pupil, with that of perverted history under the long spell of foreign rule, may be distorted according to the command of the ruler and as such till date the truth has not brought forward to the surface and is exclusively aliens to the appeasement policy generated in order to rule the parliamentary democratic set up in our country.
21. That the mentalities affect and paralyse the traditional heritage and provide a loss to the integrity of our country. Our ancient ancestors namely Rana Pratap and Chattrapati Shivaji Maharaj and Guru Govind Singh during the period of Mughal rulers have not conceded with the terror and torture, they used in proselytization. It is very shameful for the independent citizens to live under the false perception of character assassination. Thus in all fairness, we may be bound to accept that although the Britishers may pose themselves more civilized, but inspite of their so called great insight, there is the historical blunder committed by them, while writing the Indian history in relations to the authorship of the monuments. Invader rulers, without exception were sadist, yet they represent themselves as just, kind and patrons of learning. The construction is seen with all Hindu traditions, while these foreigners, who were either Invader or crusaders have done the destruction of these constructions. These persons were stained with all wickedness and disgraceful conduct, which is still apparent in the society and remain prevalent during a thousand year of rampant Invader communalism, then how we can expect that they have not demolished all the Hindu Temple and converted them with slight modification as their monuments. The township of Ferozabad, Tuglaqabad, Ahmedabad, and Hyderabad are falsely ascribed to that of Sultan, though the same was belonging to our ancient Hindu Rulers. The country in which the milk was available to every citizen without investing any money to the extent of his requirement and consumption has now been adulterd after ruthless killings of our cattle’s by these invaders of the public confidence. Actually “Hinduism” is nothing representing to religious foundations, but our belief, synonymous to nationalism and sooner it may be understood and practiced in such a manner, we may seek the protection of our integrity by saving the population of the innocent citizens.
22. That at Dilwara Jain temple in District Shirohi, Rajasthan having the white Marvel and the Elephants statue, there are still the sign of the atrocities committed by these Mugal invaders having the mass destruction of the construction on the upper portion of structure. However, since the temple lying below the surface was filled up with the mud and earth., this Dilwara Jain Temple having identical construction as that of Taj Mahal and other Marvel buildings could have been saved from these invaders of Humanities. Thus the truth may be exposed to the public that the invaders were never the Builders of monuments, but they were rather the destroyer of our ancient cultural heritage, which was preserved by the 85% of Hindu citizens from the time immortal. Let Hindu be now permitted to save their temple from being converted to the Graveyards any more by our so-called guardians of society under the appeasement policy of “Divide and Rule”.
23. That the mankind must be satisfied with the reasonableness within reach and the decision-making process may belong to the knowledge of the law. Thus the reasonableness and the rationality, legality, as well as philosophically, provide colour to the meaning of fundamental right .The concept of equality is not doctrinaire approach. It is a binding threat, which runs through the entire constitutional text. Thus the affirmative action may be constitutionally valid and the same cannot ignore the constitutional morality, which embraces in itself the doctrine of inequality. It would be constitutionally immoral to perpetuate inequality among majority .The constitution is required to kept young energetic and alive. The attempt be endured to expand the ambit of fundamental right. It is said that the dignity of the ocean lies not in its fury capable of causing destruction, but in its vast extent and depth with enormous tolerance. Thus the wider the power, the higher the need of caution and care, while exercising the power.
24. That public education is essential for functioning of the process of popular government and to assist the discovery of truth and strengthening the capacity of individual in participating in decision making process .The decision making process include the right to know also and pushing the protection beyond the primary level betrays the bigwigs desire to keep the crippled more crippled forever. The education of spiritualism is the foundation for value based survival of human being in a civilized society. The force and sanction hidden behind civilized society depend upon moral value; and the morality cannot be cultivated through the falsehood of ideological barrier. Thus the children may not be required to read such facts, which are having the foundation of falsehood.
25. That our educational institutions are the foundation of the characteristics; on the basis of which; the young generation will solve the problem of national solidatory and integration. The children are taught to adhere with the truth for their existence in future; but the alarming situation linked with the history written by the alien rule has not only nurtured the myth amongst the independent citizens; but many monuments have been falsely credited to the alien Invader rulers, who were driven across the Indian borders at sword point and continued to rule our nation mercilessly without given any importance to the existing palace and the temple built by the inhabitant ancestors of the rulers at the contemporary period.
26. That education is an investment made by the nation in its children for harvesting a future crop of responsible adults productive of a well functioning society. However children are vulnerable. They need to be valued, nurtured, caressed, and protected. Imparting of education is State function. Thus since the human mind is not a tape recorder, it would make a perfect reproduction letter in the society .It is said that every State action must be informed by reason. Thus the freedom of expression, which includes “Right to Know” may be allowed to be enjoyed by the citizen to the fullest possible extent without putting shackles of avoidable cobweb of rules and regulations putting restriction on such freedom. Justice has no favorite, except the truth. A reason varies in its conclusion according to the idiosyncrasy of the individual and the times and the circumstances, in which he thinks.
27. That the terminology of history is derived from Greek word ‘Historia’ meaning there by an enquiry. Since the enquiry is nothing, but the same is attributed to the different branch of knowledge. Thus the inquisitiveness is always generated in educated mind. The history should not be guided solely on etymological terminology. The meaning of ‘Itihas’ which is derivated from a Sanskrit word, leads to three terminology .The first one namely ‘iti’ means such and such (a happening or event),’ha’ means indefinitely while ‘aas’ means happened. Thus the history is chronological happening of the different event during the past period
28. That the Student/children, the future citizens under taking the education of Indian History studying on the misconception/ pattern of Anglo Saxon teaching, which was meant for division of Indian society on the policy of “Divide and Rule”. There is a important question posed, as to whether we have actually gain our independence or we have to undertake another journey full of animosity, aggressism on account of terrorism and fanatic ideology prevalent throughout the World of some particular religion. Thus on account of being sentinel /Guardian at large, this is the voice of the majority of Hindu Citizens to save our ancestral cultural heritage and thereby to give protection to our future citizens. They have the threat of being subjected to atrocities, if the drastic step to save the citizens from the oppression and exposure of falsehood may not be done at an earliest time. Thus every nationalist, who has got a slightest patriotic cult in his inhibition, has got a Fundamental Right and a Constitutional Duty to safeguard our cultural heritage against the falsehood. Imparting of education is a State function. The State, however, having regard to its financial and other constraints is not always in a position to perform its duties. The function of imparting education has been, to a large extent, taken over by the citizens themselves. Some do it as pure charity; some do it for protection of their Interests.
29. That Article 25 of the constitution in India secures to every person, subject of course to public order, health and morality and other provisions of Part III, including Article 17 freedom to entertain and exhibit outward acts as well as to propagate and disseminate such religious belief according to his judgement and conscience for edification of others. The right of the State to impose such restrictions as are desired or found necessary on grounds of public order, health, and morality is inbuilt in Arts. 25 and 26 itself. Article 25(2)(b) ensures the right of the State to make a law providing for social welfare and reforms besides throwing open of Religious institutions of a public character to classes and sections of Citizens and any such rights of State or of the communities or classes of the society were also considered to need with due regulation in the process of harmonizing the various rights. The vision of the founding fathers of the Constitution to liberate the society from blind and ritualistic adherence to mere traditional superstitious beliefs sans reason or rational basis has found expression in the form of Art. 17 of Constitution of India. The protection under Arts. 25 and 26 extends a guarantee for rituals and observances, ceremonies and modes of worship which are integral parts of religion but as to what really constitutes an essential part of religion or religious practice has to be decided by the courts with reference to the doctrine of a particular religion or practices regarded as parts of religion
30. That a society, where there is no moral values, there would neither be social order nor secularism. Bereft of moral values secular society or democracy may not survive. Almighty alone is the dispenser of the absolute justice. Thus an independent and efficient judicial system, belong the repository of omnipotent power is always consider as one of the basic structure of our constitution. The pre-constitutional days cannot be countenanced as a source of law to claim any rights, when it is found to violate human rights, dignity social equality amongst citizen. Democracy cannot survive and the constitution cannot work unless Indian citizens are only learned and intelligent; and they are also of moral character and imbibed the inherent virtue of human being such as truth, love and compassion. Duty of every citizen of India is collective duty of the state.
31. That every citizen of India is fundamentally obligated to develop a scientific temper and humanism .He is fundamentally duty bound to strive towards excellence, in all sphere of individual and collective activity, so that the nation constantly rises to the higher level of endeavor and achievements. Everyone, whether individually or collectively is unquestionably under the supremacy of law. However it is true that exaggerated devotion to the rule of benefit must not nurture fanciful doubts or lingering suspicion and thereby destroy social defense, as the curiosity cannot be the subject matter of fair criticism. Thus the conclusion derived that on one hand, every citizen is having the freedom of speech and expression so far as they do not contravene the statutory limits and may prevail in the atmosphere with out any hindrance. Fundamental duties and the obligation of the citizen may yet provide a valuable guide and aid to interpretation of constitutional issues which not only required for resolving the issues but also to provide guidance to the society. Giving a man his due, one of the basics of justice finds reflected in right to equality .Law frowns upon such conduct thus the court accords legitimacy to possession in due course of time.
32. That the concept of sovereignty was present from the ancient time but the sovereignty was conferred upon an individual who is suppress the wicked and is recognized as great resources in itself like the god of fire, air, sun, moon and religion. The religion in the ancient time was considered as spiritualism and it was not dependent upon any ritual ceremony, but it was considered s the knowledge in the darkness of ignorance and injustice. The sovereignty was supposed to promote the cause of the religion, wealth and enjoyment of life and those, who were voluptuous, malicious, mean and low-minded, were ruined by the retributive justice. Thus the sovereignty was considered as a destroyer of the wicked by fire; a restrainer of the wicked by storm (Varun) and its controller. It was considered to be the dispenser of ease to the best pupil like the moon and a replenisher of wealth. These qualities were the quality of the sovereign power.
33. That now the sovereignty is attributed upon the three institution namely the legislature, the executive and the judiciary. The combined effect of the three institutions makes a democratic society. The legislature is creature like lord Brahma while the executives like lord Vishnu may provide the welfare to the public. The judicial institutions like lord Shiva is the dispenser of justice and is also the protector of all subjects. The law of retributive justice wakes when the people sleep. Hence wise men regard the law or punishment as virtue or religion.
34. That the sovereignty and the people should form three Councils, Educational, Religious, and Administrative. One individual should not have the absolute power of government, the sovereignty being the general president of the councils .The qualifications of the president the presidents of separate councils are their interest in the welfare of the country, their excellence of learning and character, and their influence over the people. A country prospers as long as the people are righteous. Also their welfare requires the appointment of learned educational officers, appointment of learned men as the dignitaries of the spiritual council and of virtuous learned men as administrators. Obedience to law is required of all.
35. That the secularism is the basic structure of constitution and as such in absence of study of religion for generating brotherhood amongst the fellow citizens as to provide mutual coordination and the ideology of live and let live to other is the basic education, which cannot be said as an attempt against the secular philosophy of the constitution .The constitution as it stands does not proceed on the “melting pot theory” while it represents a “salad bowls”, where there is homogeneity without any obliteration of identity . The foundation of the religion is spiritualism, which is based on trust and confidence and an ability to strive for the good self of the other individual. The law must be enforceable to preserve the society with out any derivation and hindrance and thus it may not resultantly face the social catastrophe.
36. That the little Indian shall not be hijacked from the course of freedom by mob muscle method and thereby to subtle perversion of discretion by other large Indian “dressed in little, brief authority”. The people of our country has right to know every public Act and the principle of finality may not be insisted upon as the maxim “interest reipublicae ut sit finis litiun”. Wisdom and advisability of public policy may be demonstrated in order to given effect to the statutory provisions under our constitution thus an inquiry and investigation may be needed a complete with the opinion of the expertise to arrive a conclusion as to whether the plurability in a society is not splited the very object of the law through appeasement to the minority group of the citizen in order to provide a conducive political social and legal framework with out destroying the very fabric on the basis of which the pillar and the foundation were built in order to assimilate the minorities with the majority.
37. That the Hon’ble court may never venture to disown its jurisdiction when the constitution is found to be at stake and the fundamental rights of the citizen are under fire of falsehood and thereby usurpation of the power by terrorizing for personal leisure and pleasure through self created dogmas and rituals of particular religion at the cost of other citizens. Thus the exposure of the falsehood may become the right of the affected party to vanish the assertion based on unpatriotic sentimental perversity.
38. That in Bijoe Emmanuel Vs State of Kerala (1986) 3 SCC 615, the question raised in the aforesaid case, as to whether three children who were faithful to “Jehovah’s witnesses” may refuse to sing our national anthem or salute the national flag of our country despite being the student in the school, where during morning assembly, the national anthem is sung by other children. The circular issued by the Director of Public Instruction, Kerala provided obligation of school children to sing the National Anthem. Thus these children were expelled. The Hon’ble Supreme court while setting aside the aforesaid order of expulsion of the children from the school was pleased to examine, as to whether the children faithful to “Jehovah’s witnesses”, a worldwide sect of Christianity may be compelled against tenets of their religious faith duly recognized and well established all over the world which was upheld by the highest court in United States of America, Australia and Canada and find recognition in Encyclopedia Britannica. It was held that the appellants truly and conscientiously believed that their religion does not permit them to join any rituals except it them in their prayers to Jehovah, their God. Though their religious beliefs may appear strange, the sincerity of their beliefs is beyond question. They do not hold their beliefs idly and their conduct is not the outcome of any perversity. The appellants have not asserted the beliefs for the first time or out of any unpatriotic sentiments. Their objection to sing is not just against the National Anthem of India. They have refused to sing other National Anthems elsewhere. They are law abiding and well-behaved children, who do stand respectfully and would continue to do so, when National Anthem is sung. Their refusal, while so standing to join in the singing of the National Anthem is neither disrespectful of it, nor inconsistent with the Fundamental Duty under Article 51 A (a). Hence no action should have been taken against them.
39. That in a pluralistic society like India, which accepts secularism as the basic ideology to govern its secular activities, education can include study based on “Religious Pluralism”. Religious pluralism exclusivism and encourages inclusivism. Thus in pluralistic society, it is necessary that there may not be any encroachment upon the follower of other ideology. Value based education is likely to help the mission to fight against all the kinds of prevailing fanaticism, ill will, violence, dishonesty, corruption and terrorism in the different form Citizens by getting the protection to a certain degree of preference to the minority on the cost of majority of citizen .The education is permissible only on the grounds of convenience, suitability and familiarity with an educational environment but the same should not be excessive to the substantial departure of tolerance and based on practically not existent intolerable fanatic ideological aggressism .
40. That the prevalent socio-economic system having the vast majority of the people, ignorant uneducated and easily liable to be mislead may also be provided their due legitimization in governance of their life as they repose tremendous faith in the secularism .It is the constitutional obligation of the state to provide the justice by emancipation of the falsehood as the commitment of Article 19 (1) (a), providing right of expression to an individual. It may be unreasonable if we are unable to give the exact definition of reasonableness to the people in a democratic institution .Law cannot afford any favorite other than truth as the manifest injustice is curable in nature; rather than incurable mediocrity over meritocracy, which cuts the root of justice. Protective push or prop by way of reservation or classification must withstand any over generous approach to the section of the beneficiary, if it handles the effect of destroying another’s right to education, more so, by pushing in a mediocre over meritorious and thereby belies the hope of generating the social coordination.
41. That long slavery, paradoxically enough, makes the slave to look upon the very change that bind him as his life support. This story was told to the convict in ancient time and who was confined in the dingy cell for fifteen years. After fifteen year the detainee was set free and he gingerly step out of the prison gate. His eyes, which were used to the dim light wilted at the bright sunshine outside everything including traffic, the gazing eyes were the strange look to the detainee and as such he felt terrified. He took a long look at the outside world and thereafter he inhaled a deep breath and there after by a sudden dash he again reached to his dog’s tether in the cell as his imprisonment has sapped his self-confidence. This is what has happened in India.
42. That this feeling utter destitution, dejection, desperation and the loss of all confidence is the result of our slavery, by which the Indians have forgotten their own past history, lost freedom and obliviousness of the delights of an unfettered life thus it is necessary to keep the flame of the truth burning in the heart of every enlightened citizen as the majority of the public is unaware of the truth.
43. That the glory of our country may only be restored when our traditional heritage culture may revive, when every citizen may get the rid from adulterated history. The historical concepts, which have been distorted during the long period of slavery, may become a task of utmost importance and urgency. An inadequate understanding on impressionable citizen has resulted in the further accessibility in implanting the misleading concepts and thereby breaking the heads and idols of the fellow citizen due to the segmentation of the society in many composition.
44. That the true history must atleast be written in the contemporary language and it should remain independent from interpolation, otherwise the very existence of our cultural heritage may be evaporated from the sight of the future generation. The Governor General, Lord Auckland, and young lieutenant Alexander Cunningham conceived indigenous scheme of misusing the archaeological studies. This young Cunnigham, an army engineer had no training in the archaeological department, he wrote a lengthy letter dated September 15, 1842 suggesting archeological exploration in India. This letter is reproduced on page no 246 Volume 7 journal of Royal Asiatic Society, London, 1843 A. D. It discloses that the purpose of archeological exploration in India is neither the study; nor preservation of historical monuments, but to use archeology as the imperial tool to create mutual dissension and resentment between Buddhists, Jains and other Hindu with Invaders by falsely crediting all monuments to the authorship to alien invaders while few may be labeled as that of being constructed by Buddhist or Jain, but not by Hindus.
45. That the indo-saranice theory of architecture is the existence of Hindu patrons in all medieval monuments thus it is necessary that the credit must be given to such Hindu artists who designed the monuments. It may not be given to medieval cruelty and fanaticism adopted by chauvinistic Invader invaders. The infidel designs on each and every Invader mosque and tomb reveals the tolerance of Hindu citizens who were subjected to the cruelty and terrorism from the last one thousand years. This article does not reflect any animosity between the different section of the society but this is a description of sum of the thought provocating a revelation in relations to the blunder committed by the Historian on the foundation of sacrosanct concepts.
46. That the pioneer, In English daily newspaper of Lucknow it was observed that “The Archeological survey of India reports (brought out under Alexander Cunningham) are feeble, inane and all but useless and the Government has reasons to be ashamed of the majority of the volume. It appears that Cunningham planted false Invader cenotaphs inside Hindu building, inserted Koranic over writing on Hindu edifices and sponsored the fabrication of documents to be given to Invader caretaker for conversion of the Hindu Building like Taj Mahal, Red fort, Fatehpur Sikri, Sikandara, Etmadudullah built by Hindu rulers to the Invader monuments. Let us begin with the dubious instance of 230-ft. high tower called as Qutub Minar to which historian claims to have been built by Qutuubbdin Aibak from 1206-1210 A.D. The other historian claims that it was built by his son- in- law and successor Iltmash, while other claim it to be built by Allauddin Khilji. The fourth view is of Ferozshah Tuglaq, while the fifth view is that all these rulers jointly or severely built the tower. Everyone knows that there is no basis for the above assertion. But the public knows the truth by mere seeing the sight of Qutub Minar that the same is having so many deity and temple adjoining to this monument. The true copy of report published in Hindustan Times regarding the sign of maker of Taj Mahal published on 6th July 2004 is filed as Annexure No. 8 .
47. That these historians may be impeached for gross dereliction of their duty and for committing cheating upon the conscience of the public. The truth is not amenable to all individual as no one could dare to become vigilant enough and to collect true version about the mediaeval township of Hindu rulers. We therefore caution the world of history not to place any faith in Anglo-Invader translations of Invader lettering or documents made hitherto.it is submited that The number of report regarding the authorship of Taj Mahal, Fatehpur-sikiri published in Amar Ujala on the basis of the reserch condect by its Senior Sub-Editer Sri Bhanu Pratap Singh Resident of Shastri-puram, Bodala Road, Sinkandra, Agra shell be produced at the time of arguments.
48. That the Later Percy Brown, James Ferguson, Sir Kenneth Clarke, Sir Bannister Fletcher and Encyclopaedia Britannica orchestrated the same cunning tune of Cunnigham. That resulted in firmly establishing and perpetuating a colossal archaeological fraud which is being sedulously taught all over the world as profound academic truth and is echoed in newspaper articles and telecasts for over a century. Cunningham’s suggestion was obviously highly appreciated. Because when he retired from the army as a Major General he was straightaway appointed the first archeological surveyor of India in 1861,as director from 1862 to 1865 and as Director General from 1871 to 1885. Thus the historical data based on archeological study conducted by Cunningham are scheming brain of notorious design regarding their vagueness and deceptive notions. The archeological survey of India was dramatically closed from 1861 to 1865 when the two assistant of Cunningham namely J D Beglar and Carlleyle took over the charge and prepare the list of historical monuments with fabricated historical records. Consequently persons working around the world as the expert Invader known as Saracenic architecture in museum became the pseudo experts unwittingly perpetuating the fraud with the people. T he historical cities were converted to Islam and the pre Invader edifices built according to the Vedic architecture were vanished from existence.
49. That the ancient Indian history is remarkable from the time of the epic of Ramayana and Mahabharata. There are the evidence that their exists the Hindu palaces having the creation of it by the marble and other precious stone. In the ancient time there was sculpture based on our ethical and religious concepts. The cultural heritage was in existence in the form of iron pillars, the mandate of the ruler on copper scripts and the creation of the artistic image indicating civilization on the different religious temple of the contemporary period. These were the valuable antiques, which were ruthlessly destructed by the foreign invaders. The portraits of the ruler and their identification could be seen on the rocks and coins of the relevant period, which are hidden inside the earth due to the barbaric destruction of our Hindu heritage. The prominent place of these heritage found are at Mohinjaddeo, Harrapa (Sind), Takshila (Punjab), Kaushambi, Sarnath, Mathura(Uttar Pradesh), Patilaputra , Nalanda(Bihar), Rajgiri , Sanchi, Burhotra (Madhya Bharat),Agadi, Vanvasi, Talkand and Maski(south).
50. That there has been number of articles written by foreign visitors/delegates/diplomat and ambassadors amongst whom Magastahenes from Domiscus (Syria) and Deoneses (Egypt) are prominent .The descirption of the great ruler Sri Chandragupta Maurya may be found in the writing of Magasthenes. The Chinese writer Faiyan left the glimpse of Vikramaditya period thereafter Honchong came to India and remained here for about 15 years who has described the period of Harshvardhan religious and social coordination. Harshvardhan was the prominent ruler of our nation. At the last we may get some description from the article of Alavruni who came along with Mohammed Ghaznavi and examined the traditions of Hindu which are described in (Tahikate hind )
51. That thus the civilization at Sindh river at Harappa has got the enormous storing capability of the food articles which were distribute by the Hindu rulers during their ‘Anusthan’ in the different part of our country .The discovery of ‘Godam’ meant for storage of the grains is still found in Harrapa civilization which has become a part of Pakistan after th division of our country. It is evident that the people of the contemporary period were having their expertise in molding the copper pots for storage of the valuable herbal extracts meant for providing the cure from the ailments. All these cultural heritage of our Hindu civilization has not been preserved by our archeological department.
52. That the period of destruction after reaching to the optimum heights after the propagation of Jain religion and Buddhism, may be relate back from the period of Ajatshatru, Nand Samrajya when Sikander invaded our country in 267 B.C. at Pesha
Under the Islamic concept of Al-Takkeya, it is legitimate for Muslims to lie, cheat, murder, deceive and violate non-Muslims. According to Takkeya, Muslims are sanctioned to communicate with fake incerity. In reality, they may have just the opposite agenda in their hearts. It is clear that Islam permits Muslims to lie anytime, anywhere to promote the cause of Islam. Can we trust Muslims and their paid agents? It is a known Islamic practice, that when Muslims are under pressure, they can agree with most anything. Once they become strong, then they negate what they formally agreed to non-believers. The concept of Al-Takeyya (lying) for the cause of Islam bears gross implications for freedom loving, law abiding non-Muslims. Muslims can negate any agreement, cheat, deceive, lie, and absolve from any permanent commitment. When a Muslim say "Islam is peace" watch out. When a Muslim shout "Allah loves you" he mean "Allah hates you" unless you are a Muslim. Unlike most religions, within Islam, there are certain passages under which lying not simply tolerated, but actually encouraged. In the book "The Spirit of Islam," by the Muslim scholar, AFIF A. TABBART states (page 247) "lying is more profitable and better for the general welfare, and for the settlement and conciliation among people, than telling the truth". Muslim military dictators, Jihadi and their paid agents think that Islam would exempt them Spiritual accountability if they lie as a foundation for a strategic Islamic maneuver. There are many incidences in the life of Mohammed where he often lied and instructed his followers to do the same. A good example is the assassination of Kaab Ibn Ashrf, a member of the Jewish tribe, Banu al-Nudair. Mohammed ordered his assassination by deception, lying and tricks. Mohammed also ordered the urder of Shaalan by deception and lying. Islamic history is replete with incidents of murder and assassination by deception. Muslims are familiar with the deceptive life of Mohammed, his lying and looting. Muslims and their paid agents will justify lying in situations where Muslims sense the need to do so. The present Israeli-Palestinian conflict, Jihadi terrorism in Kashmir, the Philippines and Bosnia cannot be detached from Islamic theology. The Jihadi behavior depend on what they think upon their concept of reality. One complicating fact is that reality is far from being the same for Muslims, for the reason that their conception is based on Islamic theology. For Muslims, experience of reality depend on the Islamic culture and historical factors. Islamic perception of reality is not objective. It is selective and contingent upon their Islamic vision. It is illogical on our part to negate the Islamic vision, and their goal of establishing Dar ul-Islam. Muslims and their cohorts have never seriously reflected on the problems of reality as such. They are willing to regroup, come again with Islamic fervor and fight. Islamic terrorism throughout the world will continue, whenever Muslims have the opportunity. Peace treaties with infidel nations mean nothing for Muslims until they conquer non-Islamic nations and convert the entire infidel population. Jihadi violence in Gaza, Kashmir, Chechnya, Sudan, Somalia, Nigeria, the Philippines, Afghanistan and Pakistan have still been instigated by hardcore Islamic Mullahs. They consider infidel world is the major obstacle to their goal of conquering the world for Allah. The Islamic society around the world supports Jihadis with an all-consuming passion. A careful analysis of Islamic terrorism and Jihadi violence in the Middle East and elsewhere clearly shows the causes of Jihadi terrorism came not from Israel, India or the US. Divisive, closed and dogmatic Islamic theology plays an important role in spreading the conflict. Islamic paid agents, mindless liberals and phony secularists who are joining with Jihadis are also part of the problem. They play an equally important part in sustaining and promoting Jihadi terrorism. They have an interest in prolonging conflict and crisis. Can this happen anywhere, except in a HINDU NATION – BHARAT?That the distress of Mahatma Gandhi on the wake of partition of Indian continent may still be heard from a distant voice calling to the people to unite and the unity in diversities may provide India's survival as a nation before partition which depends on a wider vision of unity based on inter-dependence based on the sub continents and secularism and social justice. Let us try to hear again how distressed Mahatma ji was at the turn of events on the wake of partition: " So far it was my desire to live upto the age of one hundred and twenty five years, but now I have no such desire. The objective before me was not just to attain freedom, but also to remove all the social ills in the society which had pestered during the 200 years of the British Rule. They have practically divested us of our traditions of tolerance and harmony and instead fomented hatred and discord through their communal policies . I had thought that we could change the entire system and the people of this country and would live together as brothers in love, harmony and peace, so that coming generations may be blessed with all of that , which we have been deprived of. Therefore in addition to the freedom of my country , the primary objective of my life was maintenance of cordial relations between Hindus and Muslims since I could not attain my objective , this freedom has become tainted .Today when I see Hindus and Muslims separated with more or less permanent gulf , I feel politically and spiritually defeated . I have no desire to live any longer …….when I cannot remove this mutual hatred and ill will between Hindus and Muslims , and cannot create feeling of love peace and harmony in name of God and religion , you tell whether there is any point in my living any more ? I would prefer death to this kind of life." 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 emphasise it too much ; we should begin to work in that spirit , and in course of time , all these angularities , of the majority and minority communities, the Hindu community and the Muslim community , because even as regards Muslims, you have Pathans, Punjabis, Shias , Sunnis, and so on and among the Hindus you have Brahmins , Vaishnavas, Khatris also Bengalis Madrasi's and so on , will vanish. You may go to your temples, Mosques or any religion or caste or creed, that has nothing to do with the business of the state …….We are starting with the fundamental principle that we all citizens and equal citizens of one State…." That Let us examine the factors responsible for the partition of India , certain extra-ordinary emotional circumstances in the event of quick succession rushed through a very disparate speed which caught in the whirl wind having a sort of commutative effect on our national life. The operation of the system of working of two political parties that is Indian congress and Muslim league and lack of collective wisdom in the leaders of both the political party had ultimately resulted into the partition of Indian continent . Gandihiji observed after the partition ,when the congress leaders had virtually buried him a life , Gandhiji gave the said spirited reply:- " I cling to the hope that I am not yet buried alive. The hope rests on the belief that massed have not lost faith in my ideals . When it is proved that they have, they will be lost and I can then be said to have been buried alive. But as long as my faith burns bright, as I hope it will even if stands alone ,I shall alive in the grave, and what is more , speaking from it. The life is worthless which ignores or disregards moral values." That with the demand for local self government the tempo of national movement gain movement gain momentum , thus the government of India act 1909 Known as Morely Minto Act was passed by the parliament of England. Then came the first world war 1914 in which the people of India forgetting all differences , co-operated in anticipation of self government and Home rule after the war . This was done on the basis of pronouncement in parliament on 20th August 1917 regarding assurance as per policy of British government for granting responsible government by providing for the increasing association of Indians cocuy branch of Indian administration and for gradual development of self governing institution with a vision to progressive realisation of responsible government in India as an integral part of British empire and there after quit of India. Act 1919 was passed by the parliament.That the governor general issue ordinance which were to have the free of law for six months. The Indian people had expected much more and men co-operation , civil discipline disobedience movements and terrorist activities started . Inspired communal riots insisted the necessity to send statutory commission popularity knew as Simon commission for England in 1927 to study the problems which was boycotted by Indian national congress. The Cmmission submitted its report vehemently condemning diarchy which was discussed at round Table conference led to the government of India Act !935. Sir Stafford Cripps made negations with the acceptance that the elected body of Indians should frame the Indian constitution and for the purpose cabinet mission was send to assist the viceroy in setting up the constitution and to mediate between the congress and Muslim league.That Government of India Act 1935 has provided separate electorate and communal representation in the central and provincial legislature. To strengthen hands of all India Muslim league that critical stage in 1945 , British Government had decided to hold general election both for central legislative assembly and provincial legislature under the government of India Act 1935. In that high pitch of communal frenzy, the result was foregone conclusion.