Bharuch Mosque Worship Plea Puts Protected Monument Under Gujarat HC Scrutiny

Bharuch mosque and heritage monument at the centre of a Gujarat High Court worship rights petition.

The Gujarat High Court is examining a petition seeking worship rights and protection for an idol that Jain petitioners say was discovered inside the 14th-century Bharuch Jami Masjid, bringing a dispute over the monument’s religious character and safety before the court.

Five petitioners, including local residents Harishankar Jain and Rahul Dewan, have urged the court to direct authorities to protect the idol of Lord Mallinath, identified as the 19th Jain Tirthankar, and allow members of the Jain community to worship at the site. They have expressed apprehension that the idol could be destroyed amid the controversy and communal tension surrounding the monument.

The issue surfaced earlier this year after Jain groups claimed that the idol was found during an inspection of the mosque’s basement. The claim led local Hindu and Jain groups to hold a rally. The mosque is believed to have been constructed during the reign of Ghiasuddin Tughlaq in the 14th century.

The Archaeological Survey of India subsequently asked the Bharuch district collector to ensure the monument’s protection, citing fears of an untoward incident amid the tension. The ASI’s involvement places the dispute within the administrative framework governing a monument that is described in the petition as protected since 1909 and as a monument of national importance.

The petitioners’ counsel told the court that the idol was highly sacred to the Jain community and that worship should be permitted. The counsel also referred to the Ancient Monuments and Archaeological Sites and Remains Act, 1958, which governs the monument and mandates that its character cannot be changed.

The petition has named the Centre, the ASI, the Gujarat government and the managing committee of Jami Masjid as respondents. Government pleader G H Virk submitted that he found merit in the petitioners’ case. Justice Nisha Thakore has posted the matter for further hearing on Friday, when the court is expected to consider the petitioners’ requests concerning the idol and access to the protected site.


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