The Supreme Court on Monday invoked the spirit of Lord Krishna, the ‘first mediator’, in a dispute between the Shri Banke Bihari Temple in Vrindavan and a Uttar Pradesh government ordinance about the proposed redevelopment of a corridor using Rs 500 crore from temple funds.
“Lord Krishna was the first mediator… please try to mediate the matter,” the court said, and proposed a committee to settle the issue between the state government and the temple trust.
However, first the constitutional validity of the UP government ordinance must be tested by the Allahabad High Court, an annoyed top court said, questioning the “hurry” to pass that order.
The court asked sharp questions of the UP government and expressed disapproval of the “clandestine manner” in which it had secured a Supreme Court nod for the use of temple funds.
A bench of Justice Surya Kant and Justice Joymalya Bagchi orally proposed to withdraw a May 15 judgement in which the Supreme Court allowed the state government to use temple funds.
“We propose this… part of the (earlier) judgement we will keep in abeyance… we will have a former High Court judge, or senior retired district judge as management trustee…”
This committee will run the temple while the ordinance’s validity is determined.
“We will give some space for the interim committee (of retired judges) to utilise the funds (to improve infrastructure and ensure a safer pilgrimage experience devotees.”
The temple trust, the court said, could then challenge the UP government ordinance and seek to restrain the latter from interfering with the rituals and management of the temple.
Additional Solicitor General KM Nataraj, appearing for the state, have been given till 10.30 am tomorrow to confer with the UP government and reply to this proposal.
Earlier, during the hearing, the former management of the trust said the ordinance had ejected the family that had been running the temple and given control to the state government. The former management also argued the ordinance had been passed without giving them a hearing.
The court was told the UP government had intervened in what was a dispute between private parties and secured orders (referring to the May 15 Supreme Court order) to utilise the funds.
At this point the court asked the UP government how its May 15 order could stand now.
“The matter before this Court did not pertain to the Banke Bihari temple. 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 the behalf of the temple,” Justice Surya Kant reasoned.
The Supreme Court also asked why the state did not acquire the land for corridor redevelopment by paying compensation to the private owners. “If the state wanted to carry out development work… what prevented it from doing so as per law? The issue of the land could have been adjudicated…”
In May too the Supreme Court had questioned the UP government over its “hijacking” the litigation between two private parties as they argued over the management of the temple.
READ | “If States Start Entering Private Disputes…”: Top Court To UP In Temple Case
A bench of Justices BV Nagarathna and Satish Chandra Sharma said if states were to start entering into private disputes between parties it would lead to a breakdown of the rule of law.
“Was the State a party to the proceedings? In what capacity did the State entered the dispute? If states start entering into a private dispute between parties… there will be a total breakdown of law. In a private litigation… a state filing an application and hijacking is not permissible…”
This was after the counsel appearing for the UP government informed the top court that the state has formed a trust to manage the temple and oversee work on the proposed corridor.
Built in 1862, the Banke Bihari temple is one of the most visited pilgrimage sites in northern India. It is managed by Shebaits, a hereditary priesthood that oversees daily rituals and temple administration.
The demand for redevelopment arose after a stampede-like incident occurred during Janmashtami celebrations in 2022, resulting in two deaths.
In September 2023, the Allahabad High Court directed the UP government to develop a corridor plan to manage crowd pressure and ensure safety.
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