Supreme Court Intervenes in Banke Bihari Temple Ordinance Dispute
The Supreme Court of India recently intervened in the legal dispute concerning the Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025. The controversy arose over the state government’s attempt to take administrative control of the historic Banke Bihari Temple in Vrindavan. The apex court expressed displeasure at the Allahabad High Court’s handling of the Public Interest Litigation (PIL) related to the ordinance. It stayed further proceedings and questioned the use of harsh language against the state government by the high court.
Background
The Uttar Pradesh government promulgated the ordinance to create a statutory trust for managing the Banke Bihari Temple. This move was aimed at improving temple administration and using temple funds for development, including acquiring land around the temple for a corridor project. However, the ordinance faced opposition through PILs challenging its constitutional validity and the state’s takeover of temple management.
Supreme Court’s Reaction to Allahabad High Court Orders
The Supreme Court bench of Justices Surya Kant and Joymalya Bagchi reviewed the July and August orders of a single-judge bench of the Allahabad High Court. The high court had issued strong criticisms against the Uttar Pradesh government, accusing it of committing a “sin” by passing the ordinance and interfering with temple affairs. The Supreme Court stayed these observations and stayed further proceedings before the high court. It directed the high court to list all related petitions before a division bench for a more balanced hearing.
Modification of May 15 Judgment
The Supreme Court proposed to modify its earlier May 15 ruling that had allowed the state government to utilise temple funds for land acquisition around the temple. The modification intends to protect the rights of existing stakeholders and prevent the ordinance from affecting them adversely. The court also kept the formation of the statutory trust under the ordinance in abeyance until the high court decides on the matter.
Interim Management and Safety Concerns
To ensure proper administration and safety, the Supreme Court suggested forming an interim committee. This committee would be led by a retired High Court judge and include local officials such as the District Collector and temple Goswamis. The court emphasised preventing incidents like the 2022 stampede during Janmashtami celebrations, denoting the need for better crowd and law enforcement management around the temple.
Government’s Development Plans and Opposition
The Uttar Pradesh government defended the ordinance by citing the temple’s importance and the need for improved facilities for thousands of daily devotees. They compared the development plans to similar projects in Ayodhya and Kashi. However, the current temple management and some petitioners contested allegations of fund mismanagement and opposed the state’s takeover efforts.
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