Today, On 8th August, in Banke Bihari Temple Case, The Supreme Court said it “will modify the part of the judgment which affects you” and also “form a committee headed by HC judge,” while granting liberty to challenge the affected portion.
The management committee of the famous Banke Bihari temple in Mathura has moved the Supreme Court against the Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025.
This new law gives the administration of the shrine to a trust formed by the state government.
The petition challenges the constitutional validity of the ordinance.
During the hearing before a bench of Justice Surya Kant and Justice Joymalya Bagchi, Senior Advocate Gopal, appearing for the religious denomination, said,
“My difficulty is the order which has been passed…… some interim orders will also be required till we approach the high court.”
Responding to this, Justice Surya Kant said,
“What we will do is modify the part of the judgement which affects you and give you the liberty to challenge. We will make a committee headed by HC judge.”
Senior Advocate Kapil Sibal then suggested,
“Can it be SC judge?”
Justice Surya Kant declined the request and replied,
“No, We will infuse some officers in that. We will try to upload the order by tomorrow. Once the committee is formulated please go and approach the committee. We will authorise the learned former judge to include some goswamis also.”
Justice Surya Kant further noted,
“As pointed out by the learned ASG KM Nataraj some parallel proceedings are going on before Allahabad HC in which an Amicus is also appointed. An order is also passed on 21 July where states competence to issue the ordinance has been questioned. The order is stayed.”
He added,
“Proceedings under Article 227 will remain stayed. Normally challenges to the constitutionality of a statute or ordinance are heard by a Division Bench any such writ petitions against the Ordinance should be listed before the HCs Division Bench, along with the Article 227 matter. The Supreme Court’s interim order will remain in force until the HC’s final decision.”
The Supreme Court’s order means that the immediate part of the earlier judgment affecting the temple management committee will be modified, giving them a chance to challenge the ordinance in the High Court.
The court will form a committee headed by a former High Court judge, with officers and some goswamis as members, to address the matter until the High Court gives its final verdict.
The bench has also made it clear that related proceedings in the Allahabad High Court will continue under a stay, and all constitutional challenges to the ordinance must be heard by a Division Bench of the High Court together.
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The Supreme Court’s interim protection will remain till then.
The Banke Bihari Temple in Vrindavan, Uttar Pradesh, is one of the most prominent and spiritually significant temples in India, drawing lakhs of devotees every week.
However, over time, concerns have been raised regarding the temple’s administration and management, leading to legal proceedings.
Case Title: MANAGEMENT COMMITTEE OF THAKUR SHREE BANKEY BIHARI JI MAHARAJ TEMPLE AND ANR. V STATE OF UTTAR PRADESH AND ORS. W.P.(C) No. 704/2025
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