SC raps Allahabad HC over 'intemperate' remarks on Banke Bihari Temple ordinance
A bench of Justices Surya Kant and Joymalya Bagchi perused the orders of July 21 and August 6 by a single-judge bench of the high court on a PIL which challenged the ordinance Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025 and stayed the observations made in them.
Additional Solicitor General K M Nataraj, appearing for the Uttar Pradesh government, pointed out to the bench that the high court conducted "parallel proceedings" on the issue and made certain "unwarranted observations" in the order.
"What kind of intemperate language is being used by the high court? The state committed a sin by passing an ordinance. What is all this? Was the high court not informed that the Supreme Court was seized of the matter?" the bench said.
Justice Kant further said the petitions challenging constitutional validity of a statute were always listed before the division bench but a single-judge passed the order in the present case.
The bench ordered a stay on the observations made in the July 21 order, which appointed an amicus curiae besides the August 6 order having observations against the state.
The top court also stayed further proceedings before the high court in the petition challenging the ordinance.
It asked the Allahabad High Court chief justice to consider listing the petitions challenging the constitutional validity of the ordinance before a division bench along with other petitions.
On August 6, the high court criticised the state government's move to bring an ordinance proposing a statutory trust to manage the historic Banke Bihari Temple and observed that the state has committed a 'sin'.
During the hearing, the single judge made sharp remarks on an attempt of the state government to take over the administration of the temple and asked the government to "leave the temple alone".
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