"If States Start Entering Private Disputes...": Top Court To UP In Banke Bihari Temple Case
The Supreme Court on Tuesday questioned the Uttar Pradesh government for "hijacking" the litigation between two private parties in a plea pertaining to the management of the famous Shri Banke Bihari temple in Vrindavan.
A bench comprising Justices BV Nagarathna and Satish Chandra Sharma said if the state government starts entering into a private dispute between parties it will result in breakdown of rule of law.
"Was a state a party to the proceedings? In what capacity has the state entered the dispute? If states start entering into a private dispute between parties, there will be a total breakdown of law. You can't hijack the litigation. In a private litigation between two parties, state filing an impleadment application and hijacking it is not permissible," the bench observed.
The top court was hearing a plea seeking the modification of its order approving the Uttar Pradesh government's proposed redevelopment scheme for the Banke Bihari temple using temple funds
Senior advocate Kapil Sibal, appearing for petitioner Devendra Nath Goswami - who said he belonged to the Raj Bhog branch of the Shebaits and claimed direct descent from Swami Sri Hari Das Ji Goswami, the temple's 16th century founder - submitted that fund of Rs 300 crore has been given to the Uttar Pradesh government without making us the party.
"How can you by an order in another petition direct that earning of a private temple be handed over to the state," Mr Sibal asked.
The counsel appearing for the UP government informed the top court that the state has formed a trust to manage the temple and oversee work on the proposed corridor.
Entire money would rest with the trust, not with the government by virtue of the enactment, said the UP government's lawyer.
"People have died in temple," said the UP government lawyer, spotlighting the pinched streets around the temple and underlining that building a corridor is essential.
The top court directed the counsel for the state government to give a copy of the ordinance passed with regard to the trust to the petitioner and directed the concerned principal secretary to file an affidavit by July 29.
Built in 1862, the Banke Bihari temple is one of the most visited pilgrimage sites in northern India. It is managed by Shebaits, a hereditary priesthood that oversees daily rituals and temple administration.
The demand for redevelopment arose after a stampede-like incident occurred during Janmashtami celebrations in 2022, resulting in two deaths.
In September 2023, the Allahabad High Court directed the UP government to develop a corridor plan to manage crowd pressure and ensure safety.
Earlier this month, on May 15, the top court paved the way for the state government's scheme to develop the temple corridor for the benefit of scores of devotees. It then allowed the state government's plea to utilise the temple funds only for the purchase of 5-acre land around the temple to create a holding area.
On May 19, petitioner Goswami said unchecked development could "irreversibly" alter the religious and cultural fabric of the "temple precinct".
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