‘Krishna Was The First Mediator’: SC Raps UP Govt Over Banke Bihari Temple Control, Suggests Interim Panel

The Supreme Court on Monday pulled up the Uttar Pradesh government for its hasty and opaque move to take control of the iconic Shri Banke Bihari Temple in Vrindavan. The apex court hinted at forming a temporary committee, possibly headed by a retired High Court judge, to oversee the temple’s management while the constitutional validity of the newly introduced 2025 Ordinance is being scrutinised.

The Bench, comprising Justices Surya Kant and Joymalya Bagchi, was hearing multiple petitions opposing the Ordinance, which aims to transfer the temple’s management — traditionally under a private hereditary system — to state-appointed authorities, news agency IANS reported. The court also signalled its intent to refer the matter to the Allahabad High Court for a detailed examination of the Ordinance’s legality.

Supreme Court Questions State’s ‘Tearing Hurry’

Criticising the speed and secrecy with which the Ordinance was pushed through, the Supreme Court asked why the state government had acted in such “tearing hurry.” The Bench expressed serious reservations over the way the UP government obtained permission to use temple funds for a redevelopment corridor — a clearance granted by the court’s own May 15 judgement in a pending civil matter.

“The matter before this Court did not pertain to the Banke Bihari temple. A public notice could have been issued… was there any court-appointed receiver? It was not a case of ‘no man’s land… Someone had to be heard on the behalf of the temple,” observed Justice Surya Kant, as quoted by IANS.

The Bench said it would consider keeping parts of that earlier judgement in abeyance, as it had not been informed properly during the proceedings.

SC Suggests Interim Management By Retired Judge

The court proposed an interim arrangement under the supervision of a former High Court judge or a retired senior district judge to manage the temple’s affairs. This committee could include the District Collector and other government officials, while ensuring the continuity of religious rituals in accordance with the Haridasi Sampraday tradition.

“We propose this… part of the (earlier) judgement we will keep in abeyance… we will have a former High Court judge, or senior retired district judge as management trustee,” the Bench said, according to NDTV.

The top court also urged mediation, invoking the example of Lord Krishna. “Lord Krishna was the first mediator… please try to mediate the matter,” the Bench stated.

Petitioners Decry Violation of Religious Autonomy

One of the petitions, filed by advocate Sankalp Goswami, contended that the Shri Bankey Bihari Ji Temple Trust Ordinance, 2025, constitutes an unlawful interference in religious matters and undermines the denomination’s autonomy.

“Section 5 (1)(i), 5 (i), 6(8) of the Ordinance directly violates Article 26(c) and (d) inasmuch as it permanently takes away the right of administration from the religious denomination altogether and vests it in non-denominational secular authority,” the plea stated, as per IANS.

The petition further argued that the Ordinance attempts to alter essential religious practices and customs, potentially displeasing the deity and jeopardising the identity of the religious denomination.

UP Govt Asked to Respond by Tuesday

Additional Solicitor General KM Nataraj, appearing for the UP government, has been directed to consult with state authorities and provide a response to the court’s proposal by 10.30 am on Tuesday.

Earlier in the hearing, the previous management informed the court that the Ordinance was passed without giving them a fair hearing, effectively displacing the family that had traditionally managed the temple.

The apex court also raised concerns over why the state had not acquired land for the corridor legally by compensating private owners, instead choosing to intervene in what was initially a dispute between private parties.

In a related observation made in May by a separate Bench of Justices BV Nagarathna and Satish Chandra Sharma, the top court had warned, “If states start entering into a private dispute between parties… there will be a total breakdown of law.”

The 1862-built Banke Bihari temple is among the most frequented pilgrimage spots in northern India. Traditionally, its administration has been handled by the Shebaits, a hereditary group of priests. The push for redevelopment came after a tragic stampede-like situation during Janmashtami celebrations in 2022, which claimed two lives. Following this, the Allahabad High Court, in September 2023, directed the state to develop a corridor to handle crowd pressure and improve safety.

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