Allahabad High Court Orders Safe Custody Of Disputed Jain Idol In Prayagraj Central Museum

The Allahabad High Court has recently directed that an idol discovered in Etah, which belongs to Jains to be kept in the Central Museum, Prayagraj and an expert committee be constituted which can determine the character and nature of the idol with reference to the Jain Community.In a dispute between Digambar and Shwetambar sects of the Jain community regarding claims over the idol, the bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi observed,“…considering the historical importance of the idol recovered as it is claimed to be belonging to 9-10th century and sensitivity of the sectarian interpretation as to the identity of the idol for particular sect as has come to be reported by the Superintending Archeologist, we in the first instance direct for its safe custody in the Central Museum at Prayagraj..”While directing the handover of the idol in safe custody at the Central Museum at Prayagraj, the Court observed that a team of experts be formed “in coordination with the Archeological Survey of India for further study of the idol as to its character, nature and period, more especially with reference to the sects of the Jain Community.”When the idol was found, the Archeological Survey of India carried out a survey in which it suggested that the idol may belong to the Shwetambar sect of Jain Community. Thereafter, a fresh survey was conducted wherein the report was inclusive on the fact that whether the idol belonged to the Digambar or the Shwetambar sect. The ASI recommended, to the District Collector, formation of a committee which included experts from both sects of Jain Community. The parties contended that the idol could not remain in the custody of police. It was argued that under the Indian Treasure Trove Act, 1878, the Collector would be the custodian of such an idol in case of dispute of ownership between parties. Further, arguments were advanced in favour of the survey by expert committee as per the report of the ASI. The Court directed the District Collector, Etah to furnish a report of the expert committee on the next date along with the possession memo showing that the idol has been handed over to the Central Museum, Prayagraj. The case is next listed on 13.04.2026.Case Title: Digambar Jain Sabha And Another Versus State Of U.P. And 3 OthersAppearances: Anil Bhushan, Senior Advocate assisted by Prashant Shukla, counsel for petitioners, Nipun Singh, Senior Advocate assisted by Divendu Tripathi, counsel for petitioners in connected matter, Sanjay Kumar Yadav, counsel for respondent nos. 3 and 4, Manoj Kumar Singh, counsel for Archeological Survey of India, Pradeepta Kumar Shahi, Additional Chief Standing Counsel.Click Here To Read/Download Order

Allahabad High Court Orders Safe Custody Of Disputed Jain Idol In Prayagraj Central Museum

Upasna Agrawal

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