In a significant development, the Supreme Court on Friday put the Uttar Pradesh government’s Shri Bankey Bihari Ji Temple Trust Ordinance, 2025 in abeyance, observing that the statute’s constitutional validity must first be adjudicated by the Allahabad High Court.
A bench comprising Justices Surya Kant and Joymalya Bagchi reserved its verdict on a batch of petitions challenging the ordinance and also agreed to reconsider its earlier May 15 order that had cleared the state’s ambitious plan to develop the Shri Banke Bihari Temple Corridor in Vrindavan, Mathura.
“We will keep the ordinance in abeyance till its constitutional validity is adjudicated by the High Court,” the bench said, transferring the pending Supreme Court pleas to the High Court and directing the Chief Justice of the Allahabad High Court to list the matter before a division bench for effective adjudication.
High-Level Committee to Take Over Temple Affairs
In the interim, the apex court said it would constitute a high-powered committee to manage the day-to-day affairs of the iconic temple. This committee will be chaired by a retired high court judge and include local administrative officials and members of the Goswami community, who have traditionally managed the temple.
The committee will be tasked with improving basic amenities for devotees and purchasing land for creating a holding area to manage the high footfall at the shrine, which receives lakhs of visitors every week.
The bench indicated it would also modify its May 15 order to ensure that temple funds can only be used to acquire five acres of land in the name of the deity and not the government, for the benefit of pilgrims.
Petitioners Challenge State Control
The court was hearing multiple petitions, including one filed by the management committee of Thakur Shri Banke Bihari Ji Maharaj Temple, represented by advocate Tanvi Dubey, challenging the ordinance for allegedly transferring administrative control of the temple to the state government.
During the hearing, Additional Solicitor General K M Nataraj, representing the state, flagged recent critical remarks made by the Allahabad High Court against the ordinance. He urged the apex court to stay those observations.
Allahabad HC’s Criticism and SC’s Reproach
On August 6, the Allahabad High Court, while hearing a PIL, sharply criticised the ordinance, stating that the state was “committing a sin” by attempting to take over control of the religious shrine through legislative fiat.
The Supreme Court, in response, set aside the High Court’s orders dated July 21 and August 6, noting procedural concerns, and asked the High Court to hear the matter afresh.
The apex court had earlier expressed dissatisfaction with the state’s hurried and unilateral approach, criticising it for acting in a “clandestine manner” and failing to consult key stakeholders before pushing through the ordinance and its development scheme.
Background
The May 15 order of the Supreme Court had allowed the UP government to use temple funds to acquire land for developing a holding area around the shrine. The state had argued that the Banke Bihari Temple Trust Ordinance aimed at improving temple administration and infrastructure through a statutory framework.
