Bharuch mosque row reaches Gujarat HC; court seeks Centre’s reply on Jain temple claim

Ahmedabad: The dispute over Bharuch’s historic Jami Masjid has reached the Gujarat High Court, with a petition seeking a declaration that the protected monument is a Jain temple and not a mosque.

Justice Nisha M. Thakore, who heard the plea on Friday, directed the Centre and other concerned authorities to seek complete instructions on the petitioners’ claims and submit their response by October 13, when the matter will be taken up again.

The petition has been filed by Hari Shankar Jain and four others, who identify themselves as members of the Jain community and worshippers of Tirthankar Mallinath. They alleged that several images, artefacts and sculptures at the monument had been damaged and sought immediate protection for an idol they claimed was of Mallinath.

The petitioners placed photographs and a video before the court to support their allegations and expressed apprehension that the idol could suffer further damage.

Through the plea, they have sought a declaration that the structure, listed as a mosque in the Archaeological Survey of India’s records, is actually a “Jain Hindu temple”. They also sought interim directions for the preservation and protection of the monument and the idol.

The petitioners argued that the ASI was legally obliged under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, to protect the monument and its contents. They also cited the structure’s alleged historical background and relied on a Madhya Pradesh High Court judgment to support their case.

Representing the central authorities, counsel told the court that the protected monument was being maintained in accordance with the law.

While the court observed that the petitioners should have first approached the concerned authorities, it noted that the ASI had a statutory duty to preserve and protect the structure, including the idol. The judge accordingly asked the respondents to obtain detailed instructions on the allegations and file a reply.

“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,” the order stated.

The legal move comes months after the Rashtriya Dharohar Sanrakshan Samiti, a right-wing organisation, began a campaign in Bharuch demanding that the mosque be reclaimed as a Jain religious site. The group has organised signature campaigns and public events since May.

The ASI’s Vadodara Circle had earlier written to the Bharuch District Collector on June 10, warning that social media posts were inviting a large gathering at the monument. The agency described the Jami Masjid as a protected Monument of National Importance under a gazette notification issued on May 26, 1909, and asked the administration to take preventive measures, citing possible damage to the structure and a threat to communal harmony.

The mosque’s trustees had also approached the district administration and police, seeking action to prevent gatherings and protect the monument’s religious identity. They referred to an incident on March 3, in which a group allegedly entered the premises and performed Hindu rituals, including lighting lamps and offering flowers. The trustees alleged that police personnel had helped the group enter the site.