Grounds A. Because truth will not make us rich, but it will certainly make us free. The wrong historical data leads to the horror, as we have seen during the period of demolition of the Babri Masjid. There has been number of concomitant given by the respective community representing to the follower of two prominent religions, but the loss that we have suffered in the shape of hatred between the two section of the society, cannot be compensated without revealing the truth. Unfortunately, the term Hindu communalism is more exaggerated by the fanaticism under the garb of secularism, while the Hindu community as a whole has always been receptive to all the religion. B. Because Article 25 of the constitution in India secures to every person, subject of course to public order, health and morality and other provisions of Part III, including Article 17 freedom to entertain and exhibit outward acts as well as propagate and disseminate such religious belief according to his judgement and conscience for edification of others. The right of the State to impose such restrictions as are desired or found necessary on grounds of public order, health, and morality is inbuilt in Arts. 25 and 26 itself. Article 25(2)(b) ensures the right of the State to make a law providing for social welfare and reforms besides throwing open of Hindu religious institutions of a public character to classes and sections of Hindus and any such rights of State or of the communities or classes of the society were also considered to need due regulation in the process of harmonizing the various rights. C. Because every citizen of India is fundamentally obligated to develop a scientific temper and humanism .He is fundamentally duty bound to strive towards excellence, in all sphere of individual and collective activity, so that the nation constantly rises to the higher level of endeavor and achievements. Everyone, whether individually or collectively is unquestionably under the supremacy of law. However it is true that exaggerated devotion to the rule of benefit must not nurture fanciful doubts or lingering suspicion and thereby destroy social defense, as the curiosity cannot be the subject matter of fair criticism. Thus the conclusion derived that on one hand, every citizen is having the freedom of speech and expression so far as they do not contravene the statutory limits and may prevail in the atmosphere with out any hindrance. D. Because public education is essential for functioning of the process of popular government and to assist the discovery of truth and strengthening the capacity of individual in participating in decision making process .The decision making process include the right to know also and pushing the protection beyond the primary level betrays the bigwigs desire to keep the crippled more crippled forever. The education of spritualism is the foundation for value based survival of human being in a civilized society. The force and section behind civilized society depend upon moral value; and the morality cannot be cultivated through the falsehood of ideological barrier. Thus the children may not be required to read such facts, which are having the foundation of falsehood. E. Because in Bijoe Emmanuel vs State of Kerala (1986) 3 SCC 615, the question raised in the aforesaid case, as to whether three children who were faithful to “Jehovah’s witnesses” may refuse to sing our national anthem or salute the national flag of our country despite being the student in the school, where during morning assembly, the national anthem is sung by other children. The circular issued by the Director of Public Instruction, Kerala provided obligation of school children to sing the National Anthem. Thus these children were expelled. The Hon’ble Supreme court while setting aside the aforesaid order of expulsion of the children from the school was pleased to examine, as to whether the children faithful to “Jehovah’s witnesses”, a worldwide sect of Christianity may be compelled against tenets of their religious faith duly recognized and well established all over the world which was upheld by the highest court in United States of America, Australia and Canada and find recognition in Encyclopedia Britannica. It was held that the appellants truly and conscientiously believed that their religion does not permit them to join any rituals except it them in their prayers to Jehovah, their God. Though their religious beliefs may appear strange, the sincerity of their beliefs is beyond question. They do not hold their beliefs idly and their conduct is not the outcome of any perversity. The appellants have not asserted the beliefs for the first time or out of any unpatriotic sentiments. Their objection to sing is not just against the National Anthem of India. They have refused to sing other National Anthems elsewhere. They are law abiding and well-behaved children, who do stand respectfully and would continue to do so, when National Anthem is sung. Their refusal, while so standing to join in the singing of the National Anthem is neither disrespectful of it, nor inconsistent with the Fundamental Duty under Article 51 A (a). Hence no action should have been taken against them. F. Because the concept of sovereignty was present from the ancient time but the sovereignty was conferred upon an individual who is suppress the wicked and is recognized as great resources in itself like the god of fire, air, sun, moon and religion. The religion in the ancient time was considered as spiritualism and it was not dependent upon any ritual ceremony, but it was considered s the knowledge in the darkness of ignorance and injustice. The sovereignty was supposed to promote the cause of the religion, wealth and enjoyment of life and those, who were voluptuous, malicious, mean, and low-minded, were ruined by the retributive justice. G. Because the apex court held in RamSharan Autyanuprasi’s case 1989 (Supp.) (1) SCC 251/AIR 1989 S.C 549 , that men’s life is inclusive of his tradition , culture and heritage and protection of that heritage in its full measure would certainly come within the encompass of an expanded concept of Article 21 of the Constitution H. Because the mankind must be satisfied with the reasonableness within reach and the decision-making process may belong to the knowledge of the law. Thus the reasonableness and the rationality, legality, as well as philosophically, provide colour to the meaning of fundamental right .The concept of equality is not doctrinaire approach. It is a binding threat, which runs through the entire constitutional text thus the affirmative action may be constitutionally valid and the same cannot ignore the constitutional morality, which embraces in-itself the doctrine of inequality. It would be constitutionally immoral to perpetuate inequality among majority .The constitution is required to kept young energetic and alive. The attempt be endure to expand the ambit of fundamental right. It is said that the dignity of the ocean lies not in its fury capable of causing destruction, but in its vast extent and depth with enormous tolerance. Thus the wider the power, the higher the need of caution and care while exercising the power. I. Because the Student/children, the future citizens under taking the education of Indian History on the misconception/ pattern of Anglo Saxon teaching meant for division of Indian society on the policy of “Divide and Rule”. There is a important question posed as to whether we have actually gain our independence or we have to under take another journey full of animosity, aggressism on account of terrorism and fanatic ideology a prevalent throughout the World of a particular religion. J. Because this writ petition is moved in the Public Interest, for a National Cause, to establish the truth there is no private interest or any other oblique motive, or any other personal gain. The petitioner institution, known as Institute for Re-writing Indian History, Thane, having registration no.F-1128 (T) is a public trust. The founder president of the trust is Shri P.N. Oak S/o Late Shri Nagesh Krishna Oak, R/o- Plot no. 10, Goodwill Society, Aundh, Pune.411007, who has written number of books namely 1. World Vedic Heritage, 2. The Tajmahal is a Temple Place, 3.Some Blunders of Indian Historical Research, 4. Flowers Howlers, 5. Learning Vedic Astrology, 6. Some Missing Chapters of World History, 7. Agra red Fort is a Hindu Building, 8.Great Britain was Hindu Land, 9. The Taj Mahal is Tejomahalaya a Shiva Temple, 10.Who Says Akbar was Great, 11. Vedic Guide to Health, Beauty, Longevity and Rejuvenation, 12. Islamic Havoc in Indian History. K. Because the petitioner No. 2 is the founder President of an Institution, namely, “ Institute for Re-writing Indian (and World) History “. The aim and objective of that institution, which is a registered society having register no. 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. L. Because the ‘ research paper’ of the author on the subject that the so-called “Taj Mahal “ is not a monument built by an Invader Emperor in memory of his late wife but a Hindu Shiva Temple which was converted into a love-memorial by a Invader Emperor. M. Because the freedom of speech and expression is basic to indivisible from a democratic polity .It includes right to impart and receive information. Restriction to the said right could be only as provided in article 19(2). The old dictum let the people have the truth and the freedom to discuss it and all will go well with the Government. It should prevail. The true test for deciding the validity is whether it takes away or abridges fundamental right of the citizens. If there were direct abridgement of the fundamental right of freedom of speech and expression, the law would be invalid. N. the ambit and scope of “Right to Know “ is conferred fundamental right under Article 19 (1)(a),25 and26 read with Article 49 and 51-A(f) (h) of the Constitution of India; read with the provision of Freedom of Information Act, 2002 .The right to get information in democracy is recognized all throughout and it is a natural right flowing from the concept of democracy itself. Freedom of expression may be necessarily included in the right of information. There is no expression with out having an idea on the subject, regarding which the expression of an individual may be given effect to change the existing values of ideology, which are based on the notable extracts of certain facts. An enlightening informed citizen would undoubtedly enhance democratic values. O. Because the Governor General, Lord Auckland, and young lieutenant Alexander Cunningham conceived indigenous scheme of misusing the archaeological studies. This young Cunnigham, an army engineer had no training in the archaeological department, he wrote a lengthy letter dated September 15, 1842 suggesting archeological exploration in India. This letter is reproduced on page no 246 Volume 7 journal of Royal Asiatic Society, London, and 1843 A.D. It discloses that the purpose of archeological exploration in India is neither the study; nor preservation of historical monuments, but to use archeology as the imperial tool to create mutual dissension and resentment between Buddhists, Jains and other Hindu with Invaders by falsely crediting all monuments to the authorship to alien invaders while few may be labeled as that of being constructed by Buddhist or Jain, but not by Hindus. P. Because it has been disclosed during the High level Committee Meeting at Paris during the convention of United Nation Education Science and Cultural Organisation (UNESCO) that near Anoop Talab (Pond), there has been the ancient palatial building and the ancient cultural activities remain in existance prior to the period of invasion by the Mughal invaders. The historian have related them back to the existence of all such palatial building during the period of Sikarwar, Rajput, which find support by the research were conducted Prof. Ram Nathan historian of Rajasthan University, Jaipur and also by Dr. Pratima Asthana, Ex Vice Chancellor of Gorakhpur University. Q. Because one great tragedy of Indian history has been that while Indians remained subdued and gagged under alien domination for over a millenium foreigners, who wielded all power in India played great havoc with Indian history merrily destroying or distorting it at their sweetwill either out of sheer cunning and cussedness or through their colossal ignorance and wanton barbarism. R. Because that life includes all the meaning given to a man’s life including his tradition, culture and hertiage and protection of that heritage in its full measure squarely comes within the encompass of the extended concept of Article 21 of the Constitution of India. S. Because that the Taj Mahal, is a mark of history of hertiage and the glorious achievement of Indian Art and Archaeology, and has to be named and recognised in its true perspective and origin as a monument of world important must not be allowed to be the victim subject of an “Historical fraud” as an infringement of Indian tradition and heritage if the said monument is wrongly and falsely indentifing and reconized as a mausoleum giving a go bye to its origin and actual creation as a Palace/Temple in redemption of fact and restoration of history. T. Because the history of one’s heritage has to be rewritten to give a true and correct account of the facts and figures, achievements and failures, conquest end the defeat.as the Taj Mahal was not built by the fifth generation Mugal emperor, namely, Shahjahan which is evidently proved. PRAYER
Posted on: Wed, 24 Jul 2013 20:34:43 +0000
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