‘Why did UP govt take control of Banke Bihari temple?’ As Kapil Sibal argues for one of the litigators, read how the SC had allowed the new Trust to handle funds

The Supreme Court on Tuesday (27th May) lashed out at the Uttar Pradesh government saying that the government was interfering in the case concerning the management of the Banke Bihari temple in Vrindavan, which the Apex Court described as a private litigation. The remarks came during the hearing of an petition challenging a previous order passed by the Supreme Court allowing the Uttar Pradesh government to utilise the temple funds for purchasing 5 acres of land around the temple for the development of a corridor.

A bench of Justices VB Nagarathna and Satish Chandra Sharma was hearing the petition filed by a temple priest seeking modification of the Supreme Court order. A displeased Justice Nagarathna said that the state’s interference in a private litigation would lead to the breakdown of the rule of law. “Was the State a party to the proceedings? In what capacity has it entered the dispute? If states start interfering in private disputes, there will be a complete breakdown of the rule of law. You can not hijack the litigation,” Justice Nagarathna told the counsel representing the state government who sought impleadment in the case. Justice Nagarathna expressed concern over the state government filing an impleadment in a private litigation and said that it can do development work without being party to the litigation.

Notably, Justice Sharma, who was part of the bench, had authored the Supreme Court order permitting the Uttar Pradesh government to utilise the temple funds.

Petitioner challenged the SC’s order, opposed the redevelopment project, and Kapil Sibal represented him

The petitioner Devendra Nath Goswami, represented by Senior Advocate Kapil Sibal, was seeking the permission to be made party in the case. Sibal argued before the court that the UP government was allowed to use the temple funds without making Goswami a party. Goswami submitted before the court that he was a lineal descendant of the Banke Bihari temple’s founder Swami Hari Das Goswami and that his family has been managing the affairs of the temple for the last 500 years.

Goswami also challenged the temple corridor redevelopment project, claiming that the implementation of project was unfeasible and that any attempt for the redevelopment of the temple premises without the involvement of the inputs of those who were historically and operationally associated with the temple’s functioning would lead to administrative chaos.

Additionally, Senior Advocate Sibal pointed out that the order allowing the state to use temple funds was passed in a case a separate case filed regarding Giriraj temple. “How can you, by an order in another petition, direct that a private temple’s earnings be handed over to the government?” Sibal questioned. He argued that the order was passed in an intervention petition filed by the state government in a special leave petition that was not related to the case. He contended that the intervention of the Uttar Pradesh government was improper and legally unsound.

What order did the Supreme Court pass?

On 15th May, a bench of Justices Bela M Trivedi and Satich Chandra Sharma passed an order permitting the state government to utilise temple funds for acquiring land for the implementation of the ₹500 crore Shri Banke Bihari Temple Corridor development plan. The Supreme Court order modified an Allahabad High Court order passed in a PIL, which prohibited the purchase of the land around the temple using temple funds.

After taking note of the records placed by the state government regarding the proposed development project, the Supreme Court granted the permission to purchase the land on the condition that the land will be registered in the name of the deity or the temple trust and will be used for building public amenities like parking facilities, accommodation for devotees, toilets, security posts and other logistical support infrastructure.

The apex court’s approval to the state government’s development plan for the Shri Banke Bihari Temple Corridor came particularly in light of incidents such as the 2022 stampede at the Banke Bihari Temple.

The top court also took note of maladministration in temples in the Braj region and emphasised that effective temple governance is not only a legal requirement but also a matter of public and spiritual welfare. It further directed the Civil Judge (Senior Division), Mathura, to appoint a Receiver having relevant adequate administrative experience, historical, religious and social background, preferably belonging to the Vaishnav Sampradaya.

State government set up Trust to handle temple funds, ensure better crowd management

The counsel appearing for the state government submitted before the top court that the state government passed an ordinance on 26th May to form a trust for the purpose of overseeing the work of the development project. He pointed out that the trust will be handling the temple funds and not the state government. “Now the enactment has come into force. Funda are with the Trust and not with the state,” submitted the state’s counsel before the court.

The Uttar Pradesh Shri Bankey Bihari Ji Mandir Nyas Adhiniyam 2025 states that the Trust will ensure that the religious rituals, practices, festivals, and puja at Banke Bihari Temple continue without any interference or changes. The trust will only oversee the appointment of priests, ensure the security of devotees, and supervise work on the proposed corridor. The baord will habe 18 members, with 11 nominated ones and 7 ex officio members, including 2 from the temple’s traditional Goswami priests. Non-Hindus will not be appointed in the board.

Currently, devotees at the temple have to navigate through extremely narrow lanes without proper amenities. The 2022 stampede incident drew the government’s attention to decide on better management for the temple and the surrounding areas. On busy day, the temple sees lakhs of devotees, risking major incidents. The Trust hopes to prevent untoward incidents in the future and ensure that the lakhs of devotees arriving at the Banke Bihari temple experience a safer environment with proper amenities.

The Apex Court directed the counsel for the state to place on record a copy of the Ordinance and directed the concerned Principal Secretary to file an affidavit by 29th July.

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