Is Bharuch’s Jami Masjid a Jain temple? Gujarat High Court seeks Centre’s response

The Gujarat High Court has asked the Centre and other central authorities to respond by October 13 to a petition seeking a declaration that Bharuch’s historic Jami Masjid is a Jain temple. (Source: Wikimedia Commons)

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.

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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.”

The dispute

The dispute follows a campaign by the Rashtriya Dharohar Sanrakshan Samiti, a right-wing organisation that has organised signature drives and public events in Bharuch since May to reclaim the centuries-old mosque as a Jain religious site.

The Indian Express, in July this year, had reported that in a letter dated June 10 to the Bharuch District  Collector, the ASI’s Vadodara Circle had warned that social media videos were calling for a large gathering at the monument. Describing the Jami Masjid as a living Monument of National Importance protected under a gazette notification dated May 26, 1909, the agency urged the administration to take preventive steps, citing the risk of an untoward incident, damage to the structure and a threat to communal harmony.

The dispute had earlier prompted the mosque’s trustees to approach the district administration and police, seeking preventive measures amid concerns over public gatherings and the campaign challenging the monument’s religious identity. The trustees had also referred to an incident on March 3, when a group allegedly entered the premises and performed Hindu rituals, including lighting lamps and offering flowers. They alleged that police personnel facilitated the group’s entry.

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Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues. Expertise: Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including: Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground. Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure. Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case). Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions. Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More

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