Govt ordinance on Banke Bihari temple in abeyance until pleas decided: SC

The Supreme Court on Friday said the Uttar Pradesh government's Banke Bihari temple trust ordinance that rests administrative control of the iconic religious place with the state, would be remain in abeyance until the high court decides the validity of statute.

A bench of Justices Surya Kant and Joymalya Bagchi reserved its verdict on a batch of pleas challenging the Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance 2025 and recall of the 15 May order clearing the ambitious state scheme to develop the Shri Banke Bihari Temple Corridor at Vrindavan in Mathura.

The bench said it would modify the 15 May order of the coordinate bench with regard to allowing the use of temple funds for acquiring five acres of land in the name of the deity to develop it as a holding area for devotees.

It said the court would constitute a high-level committee headed by a retired judge of the high court and comprising local administrative officials and members of the Goswami community to manage the day-to-day affairs of the historic temple.

"We will keep the ordinance in abeyance till its constitutional validity is adjudicated by the high court. We will send the petitions challenging the validity of the ordinance pending in the Supreme Court to the high court," the bench said.

The top court told the petitioners that the high-powered committee will be mandated to purchase or improve the basic amenities of the temple, which lakhs of people visit every week.

The bench was hearing a batch of pleas including one filed through advocate Tanvi Dubey on behalf of the management committee of the Thakur Shree Banke Bihari Ji Maharaj Temple in Mathura which challenges the ordinance, which vested the control of the shrine's administration with the state.

During the hearing, Additional Solicitor General K M Nataraj, appearing for the state government, pointed out the Allahabad High Court recently passed the order and made some critical remarks against the ordinance, which ought to be stayed.

The top court set aside the July 21 and August 6 orders of the high court and asked the chief justice of the high court to list the matter challenging the statute before the division bench for effective adjudication.

On August 6, the Allahabad High Court while hearing a PIL criticised the Uttar Pradesh government's move to bring an ordinance proposing a statutory trust to manage the iconic Banke Bihari Temple and said the state was committing a sin.

On August 5, the state government informed the top court that its objective for enacting an ordinance for Banke Bihari Temple trust was aimed at better administration of the religious place at Vrindavan in Mathura and supported the suggestion of having a retired high court judge led committee to manage the day to day affairs.

The top court had previously observed that it would keep in abeyance its May 15 nod to the ambitious scheme to develop the Shri Banke Bihari Temple Corridor at Vrindavan in Mathura for the benefit of devotees as key stakeholders were not heard.

It deprecated the approach of the state government in moving the court in "clandestine manner" and questioned the hurry for enacting an ordinance.

On May 15, the top court allowed an impleadment application filed by the state while paving the way for a Uttar Pradesh government scheme to develop the corridor.

It allowed the state's plea to utilise the funds of the Banke Bihari temple only for the purchase of a five-acre land around the temple to create a holding area.

The top court, however, said the land to be acquired for the purposes of development of the temple and the corridor should be in the name of the deity or the trust.