Allahabad HC to Examine Bankey Bihari Ordinance After Amicus Flags ‘Backdoor Entry’

Allahabad HC to Examine Bankey Bihari Ordinance After Amicus Flags ‘Backdoor Entry’
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The amicus curiae alleged that the UP government’s ordinance is a constitutional overreach aimed at taking control of a private temple under the guise of trust formation

The Allahabad High Court has taken note of concerns raised against the Yogi Adityanath government’s recent ordinance aimed at regulating the Shri Bankey Bihari Ji Temple in Mathura.

During a hearing in a petition filed by Pranav Goswami and another, the high court was presented with strong objections from Amicus Curiae Sanjay Goswami regarding The Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025.

Justice Rohit Ranjan Agarwal opined that the matter “requires consideration” and scheduled the next hearing for July 30, 2025.

The amicus argued that the temple is a private religious institution run by the spiritual heirs of Swami Haridas Ji. He alleged that the ordinance, especially Section 5, which provides for the constitution of a trust board, allows the State to assert administrative control over the temple through the inclusion of ex-officio trustees like the District Magistrate, Senior Superintendent of Police, and other government officials.

According to the amicus, this setup paves the way for a “back door” entry of the government into the temple’s management, violating the religious autonomy of Hindus. He submitted that the Constitution does not permit the State to engage in or manage religious affairs, and that any such attempt would amount to unconstitutional interference.

He further warned that the ordinance may be a precedent-setting move to take over more temples across the state, much like what has been witnessed in Tamil Nadu. “The Constitution forbids such type of venture by the State Government encroaching upon the area of religion taking control of any religious property, or interfering in any religious practice,” the amicus asserted, insisting that while the State may manage public order or crowd control outside the temple premises, it cannot dictate the internal religious administration.

Court acknowledged these concerns and directed the State Government to respond by the next date of hearing. Notably, the matter is also slated for hearing before the Supreme Court on July 29, 2025, just a day before the Allahabad High Court is scheduled to take it up again.

Case Title: Pranav Goswami and Another v. Civil Judge Junior Division, Mathura

Order Date: July 21, 2025

Bench: Justice Rohit Ranjan Agarwal

Click here to download judgment

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