Banke Bihari temple: SC raps UP govt for 'hijacking' litigation between pvt parties

The Supreme Court on Tuesday rapped the Uttar Pradesh government for "hijacking" the litigation between two private parties over management of the famous Shri Banke Bihari temple in Vrindavan.

A bench comprising Justices B.V. Nagarathna and Satish Chandra Sharma said if the state government starts entering into a private dispute between parties, it will result in a breakdown of the rule of law.

"Was the 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 (be a) breakdown of rule 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 Shri Banke Bihari temple in Mathura.

At the outset, senior advocate Kapil Sibal, appearing for petitioner Devendra Nath Goswami, submitted that a 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 earnings of a private temple be handed over to the state?" Sibal submitted.

Counsel appearing for the Uttar Pradesh government informed the apex court that the state has formed a trust to manage the famous Banke Bihari temple and oversee work on the proposed corridor. The entire money would vest with the trust, not with the government, by virtue of the enactment, he said.

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 29 July.

UP Govt brought an ordinance to take control over the famous Shri Banke Bihari Temple in Vrindavan

Meanwhile in TN, Annamalai says BJP will free temples if voted to power pic.twitter.com/ey0YKvyTPS

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On 15 May, 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 five acres of 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, five acres of land around the temple had to be acquired and developed by constructing parking lots, accommodation for devotees, toilets, security check posts and other amenities.

On 19 May, 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.

"Such redevelopment risks altering the essential religious and cultural character of the temple and its surrounding ecosystem, which holds deep historical and devotional significance," the petition claimed.

The petition said Goswami was a "lineal descendant" of the temple's founder Swami Hari Das Goswami and his family had been managing the affairs of the sacred temple for the last 500 years. The petitioner said he was actively involved in managing the temple's daily religious and administrative affairs.

The Supreme Court's 15 May verdict modified the 8 November 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.