‘Break Rule Of Law': SC Raps UP Govt For 'Hijacking' Litigation In Banke Bihari Temple Case
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The apex court was hearing a petition to modify is order, which had approved Uttar Pradesh government's redevelopment scheme for the Shri Banke Bihari temple using its funds.
The Supreme Court on Tuesday pulled up the Yogi Adityanath-led Uttar Pradesh government for 'hijacking" the litigation between two private parties over management of the famous Shri Thakur Banke Bihari temple in Vrindavan.
A bench of Justice B V Nagarathna and Justice Satish Chandra Sharma rapped the state government and 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 it will breakdown of rule of law," the top court remarked as quoted by news agency PTI.
'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 apex court was hearing a petition to modify is order, which had approved Uttar Pradesh government's redevelopment scheme for the Shri Banke Bihari temple using its funds.
Senior advocate Kapil Sibal, appearing for petitioner Devendra Nath Goswami, claiming to be direct descent from Swami Sri Hari Das Ji Goswami, the temple's 16th century founder, said that the 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," Sibal submitted.
The counsel appearing for the UP government informed the Supreme Court that the state has formed a trust to manage the holy shrine 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.
Supreme Court Clears Banke Bihari Corridor
Earlier 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.
The bench had allowed the Uttar Pradesh government's plea to utilise the funds of Shri Banke Bihari Temple only for the purchase of 5-acre land around the temple to create a holding area.
Under the proposed scheme placed on record by the state for development for the temple, the court said, 5 acre land around the temple had to be acquired and developed by constructing parking lots, accommodation for the devotees, toilets, security check posts and other amenities.
On May 19, Goswami filed a plea and said the implementation of the proposed redevelopment project was practically unfeasible, and any attempt for redevelopment of the temple premises without the involvement and inputs of those who were historically and operationally associated with the temple's functioning was likely to result in administrative chaos.
The Supreme Court's May 15 verdict modified the November 8, 2023, order of the Allahabad High Court on a PIL filed by the Uttar Pradesh government, which accepted the state's ambitious scheme but refused to permit the state to utilise the temple funds.
Banke Bihari Temple
The Shri Banke Bihari Temple in Vrindavan is one of the most revered and famous temples dedicated to Lord Krishna. It holds immense significance for devotees due to its unique customs, rich history, and the belief that Lord Krishna, in the form of Banke Bihari, directly interacts with his devotees.
Banke Bihari literally means 'bent in three places". The idol of Lord Krishna stands in the Tribhanga posture, a graceful threefold bending form, which is characteristic of Lord Krishna.
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