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After Supreme Court censure, UP Govt says, Banke Bihari Temple Ordinance for ‘better facilities, administration'
After Supreme Court censure, UP Govt says, Banke Bihari Temple Ordinance for ‘better facilities, administration'

Indian Express

time6 days ago

  • Politics
  • Indian Express

After Supreme Court censure, UP Govt says, Banke Bihari Temple Ordinance for ‘better facilities, administration'

The Uttar Pradesh Government Tuesday informed the Supreme Court that the Ordinance to set up a trust for the Banke Bihari Temple in Vrindavan was only for the better administration of the shrine, and that it 'never intended nor intends to interfere with any of the religious rights of any of the parties.' Additional Solicitor General K M Nataraj informed a bench of Justices Surya Kant and Joymalya Bagchi that the Ordinance will soon be placed in the UP Assembly for ratification. The bench was hearing petitions challenging the Ordinance, and the May 15 order of the SC allowing the state government to use the temple funds for buying land around it for a proposed corridor project. On Monday, the apex court questioned the 'tearing hurry' to bring the Ordinance, and the process which led to the May 15 order. The May 15 order had come on an interlocutory application filed by the state in a matter pertaining to the administration and safety of temples in the Braj region. During the hearing, the court said it intended to ask the petitioners to approach the Allahabad High Court challenging the Ordinance and that, in the interim, it will put in place a committee headed by a retired district or HC judge for its administration. Nataraj, while explaining how the Ordinance came about, said Tuesday, '…as a matter of fact, there was a PIL before the Allahabad HC…and the court issued some directions … The state never intended nor intends to interfere with any of the religious rights of any of the parties. It's only with regard to secular activity, that is, for better administration of the temple, that the Ordinance has been issued.' 'Like Ayodhya and Kashi, the government wants to develop this particular temple. It wants to infuse funds for the development of the infrastructure.' The law officer said the Banke Bihari Temple has a 'history', and around 20,000 to 30,000 devotees visit every day, and 2 to 3 lakh during the weekends. 'We require better facilities, better administration. We also have to prevent mismanagement of funds. These are all the different considerations that weighed on the mind of the government.' Appearing for the petitioners, Senior Advocate Kapil Sibal said there is no allegation of mismanagement at any stage. To that, Additional Solicitor General K M Nataraj said, 'Mismanagement means everybody is managing'. Justice Kant said, 'The local administration will have to be involved. That is the only way to get these things done.' 'We have no problem,' Sibal said, adding that there should be a notification that 25,000 people will be allowed for morning darshan and 25,000 in the evening so that rush can be controlled. Justice Kant pointed out that it will be very difficult to do so given that people visit from across the country. The court adjourned the hearing till Friday to enable the parties to recommend names for the committee it intends to put in place for administering the shrine.

Banke Bihari temple case: SC questions UP Govt's ‘tearing hurry' over Ordinance, suggests interim committee
Banke Bihari temple case: SC questions UP Govt's ‘tearing hurry' over Ordinance, suggests interim committee

Indian Express

time7 days ago

  • Politics
  • Indian Express

Banke Bihari temple case: SC questions UP Govt's ‘tearing hurry' over Ordinance, suggests interim committee

The Supreme Court Monday questioned the Uttar Pradesh Government over its Ordinance setting up a trust to manage the Banke Bihari Temple in Vrindavan, and indicated it would hand over the administration of the religious place to a committee headed by a retired judge. In November 2023, the Allahabad High Court allowed the state to develop a corridor around the holy shrine to enhance facilities for pilgrims, but restrained it from using money from the bank account of the deity for this. On May 15, 2025, in the course of hearing a matter related to the administration and safety of temples in the Braj region, the SC allowed an interlocutory application filed by the state. The top court also allowed the state government to use the temple funds for buying 5 acres of land around it for the corridor project, but directed that the land proposed to be purchased for this 'shall be in the name of the deity/ (temple) trust.' On May 26, the state brought out the Uttar Pradesh Sri Banke Bihari Ji Mandir Nyas Ordinance, 2025, setting up a trust for managing the affairs of the shrine. While presiding over a two-judge bench Monday, Justice Surya Kant asked Additional Solicitor General K M Nataraj, who appeared for the state, 'What was the tearing hurry for the Ordinance?'. While hearing pleas challenging the May 15 order and the Ordinance, the bench, also comprising Justice Joymalya Bagchi, wondered how that order could have come on an interlocutory application when those managing it currently were not party to the hearing. 'How do you justify the Court's direction when they were not a party?' Justice Kant asked. Nataraj said Banke Bihari was a public temple, and those who had challenged the ordinance and the May 15 order have no locus standi as they are not part of its management. 'These parties are not the management committee. So many people claim, but no recognised management committee is there. These are all unauthorised people,' said ASG Nataraj. Senior Advocate Shyam Divan, appearing for the petitioners, countered and said, 'There is a management.' The court pointed out that the matter which led to the May 15 order was not about the Banke Bihari Temple, and 'a public notice could have been issued…'. 'Was there any Court-appointed receiver?. It was not a case of no man's land. Someone had to be heard on behalf of the temple. If the civil judge was monitoring, the civil judge could have been issued notice… Some public notice should have been issued by this Court… that on account of the pending dispute between the warring groups…this is what we are proposing…' said Justice Kant. 'Temple funds will have to be utilised for pilgrims, can't be pocketed by private persons. If the state wanted to carry out any development, what prevented it from doing so as per the law? Whether land is private or not, that issue can be adjudicated by a court. The state is coming in a clandestine manner, not allowing them to be heard. We don't expect this… The state should have informed them, in all fairness,' Justice Kant added. Pointing out that 'providing basic amenities is the state's responsibility', Justice Kant cited the development of the area around the Golden Temple in Amritsar. 'I have said before also, good initiative taken by the state for the area in and around the Golden Temple…that kind of initiative can be there, instead of using legislative power, etc,' said Justice Kant. 'We propose this. Part of the (May 15) judgment, we will keep in abeyance (and), we will have a former high court judge or a senior retired district judge to be management trustee…' the judge added. Justice Kant said the court will nominate the judge for the management committee, and that the collector and other developing authorities will be part of it. He added that the family will continue to perform the rituals at the Banke Bihari Temple. The court also told the petitioners that they should challenge the constitutional validity of the Ordinance before the Allahabad High Court. Justice Kant said the court will ask the former HC-judge-led committee to see how there can be a better management plan for all temples in the area. 'Religious tourism is nowadays one potential source of revenue… When tourists come, look at hotels, restaurants, tea shops… We should encourage good management. Places like Shirdi, Tirupati, all possible facilities are coming there because there are so many religious tourists,' he pointed out. The court also added that it can involve the Archaeological Survey of India (ASI), too, in the plan for the holistic development of the area.

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