Monday, October 22, 2012

Decision MAKING PROCESS OVERREACHING BY CORRUPTION AND FRAUD UNDER ISLAMIC PERCEPTIONS IN JUDICIAL INSTITUTION BY ISLAMISATIONS OF JUDICIARY

1.     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.
2.                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.
3.                         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.
4.                 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.
5.                  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
6.                  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.
7.                     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
8.                  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.
9.               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.
10.                          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.
11.                        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.
12.                           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.
13.                              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.
14.                             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.
15.                      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.
16.                                 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.
17.                          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 .
18.                               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.
19.                         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.
20.                             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.
21.                    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.
22.                             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.
23.                                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.
24.                          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 .
25.                               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.
26.                          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.
27.                          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).

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