The Allahabad High Court has directed that a 9-10th century idol, over which both the Digambar and Shwetambar sects of the Jain community have staked rights, be shifted to the Central Museum at Prayagraj [Digambar Jain Sabha And Another v State of UP and Others].
A Division Bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi ordered that the idol shall be placed an appropriate place for public display.
"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 and accordingly direct the District Magistrate, Etah to ensure that the idol in question is brought to the Central Museum at Prayagraj in safe custody and handed over to the Director/Incharge Director of the Central Museum at Prayagraj in any case by 11.04.2026," the Court ordered.
Further, the Court directed that the museum shall constitute a team of experts in coordination with the Archeological Survey of India (ASI) for further study of the idol's character, nature and period, and its relevance to the sects of the Jain community.
The team has been asked to ensure that a report is prepared within three months and then submitted to the Court.
"We further direct that the report of the special team constituted, as and when obtained, as directed herein above, shall be placed before the Court in a sealed cover by the Director/Incharge Director of the Central Museum at Prayagraj," the Court ordered.
The Court passed the order on two separate petitions moved by Digambar Jain Sabha and Sri Jain Swetamber Mahasabha Uttar Pradesh.
In the March 17 order, the Court noted that the idol was in the custody of the local police at Etah and there appeared to be an on going dispute between Digambar and Shwetambar sects for its possession.
The Court was told that a two member committee of the ASI earlier reported that the idol did not appear to be belonging to Digambar sect and was suggestive of belonging to the Shwetambar sect.
However, another committee of experts later opined that the identification of the sculpture as belonging to either of the sects cannot be conclusively established based solely on the existing iconographic and stylistic evidence in the idol, since the features remain inconclusive or are shared across sects.
The ASI then recommended that a committee of subject experts in Jain art and iconography, preferably with representation from both Shwetambar and Digambara scholarly traditions, be constituted by the District Collector for an impartial assessment.
However, the Court asked the District Magistrate, Etah to ensure that the idol is handed over to the Director or Incharge Director of the Central Museum at Prayagraj before April 11. The case is listed next on April 13.
Senior Advocate Anil Bhushan with Advocate Prashant Shukla appeared for the petitioners in one of the pleas.
Senior Advocate Nipun Singh with Advocate Divendu Tripathi appeared for petitioners in the second plea.
Advocate Manoj Kumar Singh appeared for the ASI.
Additional Chief Standing Counsel Pradeepta Kumar Shahi appeared for the State.
Advocate Sanjay Kumar Yadav appeared for other respondents.
[Read Order]