SC: Will keep UP govt ordinance in abeyance till pleas decided

New Delhi: The Supreme Court on Friday said the Uttar Pradesh government’s Bankey Bihari temple trust ordinance that rests administrative control of the iconic religious place with the state, would remain in abeyance till the high court decides the validity of statute.

A bench of Justices Surya Kant and Joymalya Bagchi reserved its verdict on a batch of pleas challenging the Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025 and recall of May 15 order clearing the ambitious state’s scheme to develop the Shri Banke Bihari Temple Corridor at Vrindavan in Mathura.

The bench said it would modify the May 15 order of the coordinate bench with regard to allowing the use of temple funds for acquiring 5 acre land in the name of deity for developing it as a holding area for devotees.

It said the court would constitute a high level committee headed by a retired judge of the high court and comprising local administrative officials and members of the Goswami community to manage the day-to-day affairs of the historic temple.

“We will keep the ordinance in abeyance till its constitutional validity is adjudicated by the high court. We will send the petitions challenging the validity of the ordinance pending in the Supreme Court to the high court,” the bench said.

The top court told the petitioners that the high-powered committee will be mandated to purchase or improve the basic amenities of the temple where lakhs of people visit every week.

The bench was hearing a batch of pleas including one filed through advocate Tanvi Dubey on behalf of the management committee of the Thakur Shree Banke Bihari Ji Maharaj Temple in Mathura which challenges the ordinance, which vested the control of the shrine’s administration with the state.

During the hearing, Additional Solicitor General K M Nataraj, appearing for the state government, pointed out the Allahabad High Court recently passed the order and made some critical remarks against the ordinance, which ought to be stayed.

The top court set aside the July 21 and August 6 orders of the high court and asked the chief justice of the high court to list the matter challenging the statute before the division bench for effective adjudication.

On August 6, the Allahabad High Court while hearing a PIL criticised the Uttar Pradesh government’s move to bring an ordinance proposing a statutory trust to manage the iconic Banke Bihari Temple and said the state was committing a sin.

On August 5, the state government informed the top court that its objective for enacting an ordinance for Banke Bihari Temple trust was aimed at better administration of the religious place at Vrindavan in Mathura and supported the suggestion of having a retired high court judge led committee to manage the day to day affairs.

Meanwhile, the SC expressed displeasure over the orders passed by Allahabad High Court in a PIL over Banke Bihari Temple and questioned the use of “intemperate language” against the Uttar Pradesh government.