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”.
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