The Gujarat High Court has sought a response from the Centre and other authorities on a petition seeking recognition of Bharuch’s historic Jama Masjid as a Jain religious site, raising fresh questions over the monument’s identity and the protection of its historical artefacts.
The petitioners have also sought urgent safeguards for an idol they identify as that of Jain Tirthankar Mallinath, alleging that religious artefacts and sculptures at the site have been damaged.
Justice Nisha M. Thakore heard the petition filed by Hari Shankar Jain and four others on Friday and directed the Union government and other concerned authorities to obtain complete instructions on the submissions made by the petitioners. The matter is scheduled for its next hearing on October 13.
The petitioners have sought a declaration that the structure, recorded as Jama Masjid in the Archaeological Survey of India’s (ASI) records, is actually a Jain-Hindu religious site. They have also sought protection for the idol of Tirthankar Mallinath, claiming that it is located within the monument and could suffer further damage.
During the hearing, the petitioners’ counsel submitted photographs and a video to support their claims regarding the presence of an idol, images, artefacts and sculptures at the site. The counsel alleged that some of these objects had been damaged and urged the court to issue immediate interim directions to prevent further harm.
The petitioners described themselves as members of the “Jain Hindu community” and followers of Tirthankar Mallinath. Their plea relies on the monument’s alleged historical background and the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, arguing that the ASI is legally responsible for preserving and protecting the structure and its contents.
The counsel also cited a Madhya Pradesh High Court judgement in support of the petitioners’ arguments.
During the proceedings, counsel representing the central authorities submitted that the protected monument had been maintained in accordance with the law.
The High Court noted that the petitioners had approached it without first taking their grievances to the relevant authorities. However, it also emphasised the ASI’s legal obligation to preserve and protect the monument, including the idol referred to in the petition.
The court’s order stated, “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 court asked the respondents’ counsel to obtain complete instructions on the petitioners’ submissions before the next hearing. The matter remains pending, and the petitioners’ claims regarding the monument’s religious identity and the alleged damage to artefacts have yet to be established by the court.
The legal proceedings come amid a campaign by the Rashtriya Dharohar Sanrakshan Samiti, a right-wing organisation that has been organising signature drives and public events in Bharuch since May 2026 to claim the historic mosque as a Jain religious site.
On June 15, a rally was organised in Bharuch under the banner of the organisation and other groups, with participants submitting a memorandum to the district collector demanding the preservation of what they described as the monument’s original identity. Campaign organisers have claimed that the structure was originally a Jain religious site associated with the ancient saint Chakradhar Swami.
The mosque is currently under the protection of the ASI and is listed as a Monument of National Importance under a Gazette notification dated May 26, 1909.
In a letter dated June 10 to Bharuch District Collector Navnath Gavhane, the ASI’s Vadodara Circle warned of the possibility of a large gathering at the monument following the circulation of videos and messages on social media. The agency urged the district administration to take preventive measures, citing the risk of an untoward incident, physical damage to the protected structure and a threat to communal harmony.
The ASI also referred to the state’s responsibility to safeguard protected monuments under Article 49 of the Constitution and Section 16 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
The dispute had previously prompted the Jami Masjid’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.
In their representations, the trustees stated that the mosque had functioned as a Muslim place of worship for generations and was a registered Waqf property. They also raised concerns about an incident on March 3, 2026, when a group allegedly entered the premises and performed Hindu religious rituals, including lighting lamps and offering flowers.
The trustees alleged that police personnel had facilitated the group’s entry and sought action to prevent similar incidents.
With the Gujarat High Court now seeking a response from the central authorities, the case brings the monument’s contested religious identity and the protection of its historical features before the judiciary. The next hearing on October 13 is expected to provide further clarity on the authorities’ response to the petitioners’ claims and their request for interim protection.
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