Banke Bihari temple case: Why row over UP govt's Ordinance reached Supreme Court

The SC has asked Additional Solicitor General KM Nataraj to get instructions from the government on the proposals made by the bench.

The court also expressed disapproval of the "clandestine manner" in which the state government secured permission from the Supreme Court through a May 15 judgment for the use of temple funds for the corridor development project, by filing an application in a civil dispute.

Senior Advocate Shyam Divan, appearing for the former management of the Banke Bihari Temple, told the court that the Supreme Court's judgment came in a case that dealt with a private dispute between two sects.

What is the case related to Shri Banke Bihari Temple in Vrindavan?

Built in 1964, the dispute related to the Banke Bihari Temple in Vrindavan goes back to a long history of conflict between the two sects of sewayats of the revered temple.

The temple has historically been managed privately by descendants and followers of Swami Haridas Ji with around 360 sewayats.

The Allahabad High Court in November, 2023, gave a nod to the development of a Corridor proposed by the Uttar Pradesh Government, however, the court restrained the state government from using Rs 262.5 crores from the bank account of the deity for the construction of the corridor.

The court appointed advocate Sanjay Goswami as amicus curiae to assist in resolving management-related complexities in March 2025.

During 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 on May 15, 2025.

The Supreme Court modified the High Court's 2023 order and allowed the state government to use the temple funds for acquiring 5 acres of land around the temple for the corridor project, but directed that the land proposed to be purchased for this shall be registered in the name of the deity.

Against this judgment, a recall application was filed by a temple devotee named Devendra Nath Goswami, which is pending.

In the meantime, on May 26, the state government promulgated the Uttar Pradesh Sri Banke Bihari Ji Mandir Nyas Ordinance, 2025, setting up a statutory trust with several state officials as ex-officio trustees for managing the affairs of the shrine.

According to the Ordinance, 'Shri Banke Bihari Ji Mandir Nyas' will handle the temple's management and the responsibilities of the facilities for the devotees.

As many as 11 members shall be nominated, and a maximum of seven members can be ex officio, and all government and non-government members shall be followers of Sanatan Dharma.

On July 21, the high court was told by the amicus curiae advocate Sanjay Goswami that the state government lacked competence to issue the Ordinance, as the Banke Bihari temple is a private temple.

It was told that its religious practice is being carried out by the heirs of Swami Hari Das Ji.

Goswami pointed out that by issuing an Ordinance, the state government was trying to take control over the temple through 'back doors' and that the parties were not heard.

The Supreme Court on July 28, through the bench of Justices Kant and Bagchi, had adjourned the hearing in one of the cases challenging constitutionality of the Ordinance, as it was told that a similar case was pending before another bench.

As the bench was of the view that appropriate listing orders were required from CJI BR Gavai, all matters pertaining to Banke Bihari temple were listed before the same bench (Justices Kant and Bagchi) on August 4 (Monday).