SC proposes mediation in Banke Bihari temple dispute, questions UP government's ordinance

The Supreme Court on Monday invoked the spirit of Lord Krishna as the "first mediator" in a contentious dispute between the Shri Banke Bihari Temple and the Uttar Pradesh government. A bench of Justices Surya Kant and Joymalya Bagchi proposed the formation of an interim committee to manage the temple's affairs, while simultaneously questioning the "tearing hurry" with which the state government promulgated an ordinance to take over its management. The court has given the UP government until Tuesday morning to respond to the proposal.

The Supreme Court expressed strong disapproval of the "clandestine manner" in which the UP government had previously secured a Supreme Court order on May 15, allowing it to use temple funds for a proposed ₹500 crore corridor project without hearing the hereditary priests (Shebaits). "The matter before this court did not pertain to the Banke Bihari temple," Justice Surya Kant stated, adding that a public notice should have been issued. The bench has now orally proposed to hold that previous judgment in "abeyance" and appoint a retired High Court or district judge to a temporary committee to run the temple.

The hereditary management and priests of the 1862-built temple have challenged the ordinance, arguing that the government has no right to take over the administration of a private temple. They assert that there have been no allegations of financial mismanagement to justify the state's intervention. The court noted that while "religious tourism" is a potential revenue source, the state should follow the due process of law, such as acquiring land and paying compensation, rather than forcefully intervening in temple affairs and utilizing its funds.