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  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.