Ahmedabad: The Gujarat High Court on Friday, October 9, sought the Archaeological Survey of India’s (ASI’s) response in a set of petitions from members of the Jain community seeking the right to worship and immediate protection of the 19th Jain Tirthankar Lord Mallinath’s idol kept in the premises of Bharuch’s Jami Masjid.
The single bench of Justice Nisha Thakore, in her order, said ASI is under obligation to protect and preserve ancient and historical monuments and archaeological sites of national importance under the Ancient Monuments and Archaeological Sites and Remains Act 1958.
The bench directed the counsel representing the ASI to take instructions with regard to the submissions made by the petitioners.
The petitioners have sought the court’s direction to declare the 14th-century “Jami Masjid”, as mentioned in the ASI list of centrally protected monuments, as Ashvabodh Tirth Shakunika Vihar, allow Jains to perform worship within the monument, and an interim direction to seal and protect the signs, symbols, artefacts, idols and other significant religious points of Jain worship present in the monument.
‘Apprehension of damage to idol’
The petitioners have told HC there is an apprehension of damage being caused to the idol.
Placing reliance on a judgment of the Madhya Pradesh High Court in the Bhojshala case, the counsel for the petitioners pressed for urgent interim orders by submitting that the idol of Jain Tirthankar Mallinath has been kept in the premises of the monument where images and artefacts have been damaged.
The counsel for the ASI submitted that the protected monument has been maintained so far by the authority strictly in terms of the scheme of the 1958 Act.
The matter will be heard next on October 13.
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