By Aditi Raja
Months after the Archaeological Survey of India warned of possible damage to Bharuch’s historic Jami Masjid amid a campaign to reclaim it as a Jain religious site, the dispute has reached the Gujarat High Court.
Five petitioners have sought a declaration that the protected monument is a Jain temple, alleging damage to artefacts and apprehending further harm to an “idol of Tirthankar Mallinath”.
Justice Nisha M Thakore, hearing the petition filed by Hari Shankar Jain and four others on Friday, asked the Union government and other central authorities to obtain complete instructions on the petitioners’ submissions and submit a response on October 13, the next date of hearing.
The petitioners told the High Court that they belonged to the “Jain Hindu community” and worshipped Mallinath. Their counsel alleged that images, artefacts and sculptures at the monument had been damaged, placing photographs and a video showing the idol before the court. They sought urgent interim protection, citing the possibility of further damage to the idol.
The plea seeks a declaration that the structure recorded as a mosque in ASI records is, in fact, a Jain Hindu temple.
The petitioners relied on the monument’s alleged historical background and the Ancient Monuments and Archaeological Sites and Remains Act, 1958, arguing that the ASI was legally obliged to preserve and protect the structure and its contents, citing a Madhya Pradesh High Court judgment in support of their case.
During the hearing, counsel for the central authorities submitted that the protected monument had been maintained strictly in accordance with the law.
The court noted that the petitioners had approached the High Court without first moving the relevant authorities. However, the court observed that the ASI had a statutory obligation to protect and preserve the structure, including the idol, and asked the respondents’ counsel to obtain complete instructions on the allegations.
The order on Friday states, “…the Court finds that the petitioners have invoked extraordinary jurisdiction of this Court by preferring the present petition without having approached the authority, however the ASI is under statutory obligation to preserve and protect the structure including the idol.”
This story was originally published in indianexpress.com. Read the full story here.
