Who should run Bankey Bihari Temple? SC Mulls interim oversight amid Challenge to UP Ordinance
The Supreme Court on Tuesday continued 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 heard arguments from both sides and 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 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.
Justice Kant, after perusing the proposal, noted, “Broadly, it’s in line with what we suggested yesterday.”
However, Senior Advocate Kapil Sibal, representing the petitioners, raised strong objections. “The chart shows complete government control,” he submitted.
“We’ll address that,” Justice Kant responded.
Sibal then sought a short adjournment to allow petitioners to file their counter-suggestions.
The Bench agreed and asked both sides to suggest names of a retired High Court judge to head the proposed interim committee.
On Sibal’s request, the matter has been listed for further hearing on August 8.
It is to be noted that 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 PI 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 v. State of Uttar Pradesh & Ors and connected matters
Hearing Date: August 5, 2025
Bench: Justice Surya Kant and Justice Joymalya Bagchi