Retired HC judge led committee to manage Banke Bihari temple: Supreme Court

The Supreme Court today said that it would be constitution a committee to head the management of the Banke Bihari temple.

Agreeing to modify the part of a coordinate bench's order on utilisation of temple funds as much as it affected the petitioners before it, a bench of Justices Surya Kant and Joymalya Bagchi has allowed the petitioner before it to approach the High Court against the Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025.

"We will form a committee to head the management in the meantime and we will give some kind of authorisation to that committee..We will try to upload the order by tomorrow..", the bench added. 

Notably, ASG KM Nataraj pointed out that some parallel proceedings, purportedly filed in public interest, were being taken up by the Allahabad High Court in which an amicus was appointed and the judge had passed an order.

"As per an order of July 21, the judge has questioned the passing of the ordinance and made certain observations. With a view to prevent parallel proceedings, the observations made by the judge shall be stayed", the court went on to order.

Two days back, the Uttar Pradesh government told the Supreme Court of India that a retired Allahabad High Court judge from the Vaishnav sect should head the committee which the court has proposed to constitute to manage the affairs of the Bankey Bihari Temple in Mathura.

Court was told that a retired judge to head the committee may be one who is a Sanathan Hindu, belonging to the Vaishnav Sect, so that the religious sentiments of devotees are upheld. In response, the bench had said that it would be difficult to find such a judge and appointing one belonging to the same religion would be enough.

The Supreme Court has been hearing a batch of petitions challenging the constitutional validity of the Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025, which seeks to regulate temple management and development in Vrindavan. The petitioners have also sought to restrain the state government from using temple funds for the proposed Corridor project.

The Bench of Justice Surya Kant and Justice Joymalya Bagchi recently suggested the formation of an interim Committee headed by a retired High Court judge to oversee temple administration until the matter is finally decided. Appearing for the Uttar Pradesh government, Additional Solicitor General KM Nataraj clarified that the Ordinance was not related to earlier writ petitions. “A PIL was filed before the High Court, and certain directions were issued. The state never intended, nor does it intend, to interfere in religious activities,” he said.

“The Ordinance is solely to improve temple administration. Thousands of devotees visit daily, fund mismanagement needs to be prevented," the ASG had further submitted. He added that the State had merely complied with the High Court’s call for a more robust regulatory mechanism and urged the Bench to examine the state’s proposal.

On August 4, the Bench was informed by the Uttar Pradesh government that the funds of Banke Bihari temple shall be utilised for the temple's redevelopment only. ASG Nataraj, appearing for UP government had told a bench that, "the temple funds are to be utilised for the temple only, nothing else has been done..", while defending the ordinance passed by the state for redevelopment of the areas around the temple.

Recently, the Supreme Court had paved way for the state government scheme to develop the Shri Banke Bihari Temple corridor. The Bench of Justices Bela M Trivedi and Satish Chandra Sharma had allowed the Uttar Pradesh government’s plea to utilise the funds of Shri Banke Bihari Temple only for the purchase of 5-acre land around the temple to create a holding area.

"We permit the state of Uttar Pradesh to implement the scheme in its entirety. The Banke Bihari Ji Trust is having fixed deposits in the name of the deity/temple…the state government is permitted to utilise the amount lying in the fixed deposit to acquire the land proposed," Apex Court had said.

Earlier in 2023, the Allahabad High Court had also approved the Uttar Pradesh Government's proposal for the Vrindavan (Mathura) Banke Bihari Temple Corridor, citing Articles 25 and 26 of the Constitution. The court had instructed the removal of encroachments around the temple. However, it restrained the use of Rs 262.50 Crores from the Deity's bank account for corridor construction. Although, High Court had stated that the Deity's funds in the bank are off-limits for corridor construction. The court emphasized the government's use of its own funds for secular activities.

Quoting Articles 25 and 26, the High Court had asserted that the government must act in accordance with the law to provide better facilities for devotees. High Court had also directed the State to involve technical experts if needed and issued strict guidelines on road encroachments. It also directed the government to ensure that devotees' Darshan is not hampered in any manner, except for the implementation of the Scheme, during which appropriate alternative arrangements shall be made.

"Human life cannot be put at stake just because somebody has objection. In our opinion, even the private Temples where devotees come for Darshan, safety of human life is required to be treated of utmost importance and the Government is bound to make necessary arrangements," high court had said. The proposed development scheme aims to acquire 5 acres for temple facilitation, ensuring no interference with Goswamis' rights. The PIL addressed public order management around the Banke Bihari Temple, highlighting disputes among Goswamis and safety concerns due to the lack of temple management. An intervention application by shopkeepers and residents also opposed the expansion near the sacred 'Kunj Galis.'

Case Title: Management Committee of Thakur Shree Bankey Bihari Ji Maharaj Temple & Anr vs. State of Uttar Pradesh & Ors and connected matters

Hearing Date: August 8, 2025

Bench: Justices Kant and Bagchi