The Gujarat High Court on Friday sought a response from the Archaeological Survey of India (ASI) on petitions filed by members of the Jain community seeking permission to worship at Bharuch’s Jami Masjid and protection for an idol of Lord Mallinath, the 19th Jain Tirthankar, said to be located within the monument. The court directed the ASI’s counsel to obtain instructions on the petitioners’ submissions. The matter is scheduled for its next hearing on October 13, as the court considers the requests concerning religious worship and the preservation of a centrally protected historical structure.
The petitions seek a declaration that the 14th-century Jami Masjid be recognised as Ashvabodh Tirth Shakunika Vihar. The petitioners have also requested permission for members of the Jain community to conduct worship inside the premises. In addition, they have sought interim directions to seal and protect religious signs, symbols, artefacts, idols and other features they identify as important to Jain worship at the site. These demands are before the court and have not yet been accepted through a final ruling.
The matter was heard by a single-judge bench of Justice Nisha Thakore, who noted the ASI’s statutory responsibility to protect and preserve ancient and historical monuments and archaeological sites of national importance under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The court asked the ASI’s lawyer to take instructions in response to the submissions made on behalf of the petitioners. The direction seeks the agency’s position on the claims as the proceedings continue.
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The petitioners have expressed concern that the idol of Lord Mallinath could be damaged and urged the court to grant urgent interim protection. Their counsel referred to a Madhya Pradesh High Court judgment in the Bhojshala case while pressing for immediate directions. According to the submissions, the idol is kept within the monument’s premises, where images and artefacts have allegedly suffered damage. These concerns were presented as grounds for seeking protective measures while the wider dispute is examined.
The ASI opposed the request for immediate relief, submitting that the protected monument has so far been maintained in accordance with the 1958 law. The agency’s position places the question of conservation and compliance with monument-protection rules at the centre of the proceedings. The court has sought its response but has not, in the information available, issued a final decision on the requested worship rights, the proposed recognition of the site or the protection measures sought by the petitioners.
The next hearing on October 13 is expected to provide a further opportunity for the ASI to respond to the claims raised by the Jain petitioners. The case involves competing questions concerning the monument’s protected status, the petitioners’ religious claims and the preservation of the structures and objects within its premises. Until the court considers the submissions and passes further orders, the requests for worship permission, recognition as a Jain religious site and interim protection remain pending.
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