Allahabad HC Appoints Former HC Judge To Examine UP Govt's Proposal To Manage Mathura's Banke Bihari Temple

The Allahabad High Court has appointed a former Judge of the High Court, Justice Sudhir Narain Agarwal to examine the proposed/draft plan of the Uttar Pradesh Government for the management of the Banke Bihari temple (in Vrindavan) including the redevelopment of the temple area.

The bench of Chief Justice Rajesh Bindal and Justice J. J. Munir ordered thus while dealing with a PIL plea filed before it pertaining to the preparation of a proper scheme for the management and upkeep of Shri Thakur Banke Bihari Ji Maharaj Temple.

The background of the issue

For the uninitiated, Bankey Bihari Temple is situated in Vrindavan, Mathura and it is dedicated to Bankey Bihari who is believed to be the combined form of Radha and Krishna. This temple was established by Swami Haridas. 

It may further be noted that the Goswamis of the Saraswat Brahmin community have the right to serve in Thakur Banke Bihari temple. They perform Puja-Archana and shringar in the temple and are called Sevayats. 

Now, in October 2022, during the course of the hearing of the matter, the Uttar Pradesh Government submitted before the High Court that it was coming up with a scheme for the development of the temple area and its proper management.

The state government also submitted that it proposes to constitute a trust having eleven nominated members, which include two from the Goswamis in addition to six ex-officio members and one appointed by the State.

In fact, the Goswamis/Sevayats made their objection apparent before the Court by making a specific plea that since the Banke Bihari Temple is a private temple, no external interference should be allowed. They also submitted that the fund lying in the account of the Deity in the Temple should not be utilized for the purchase of five acres of land around the Temple, as proposed by the State.

Read more about what the Sevayats submitted before the Court, here: 'Sevayats' Object To Local Administration's Involvement In Mathura's Banke Bihari Temple Affairs: Allahabad HC Seeks UP Govt's Reply

Apart from making the aforementioned submissions, they also prayed before the Court that the scheme/proposal of the State Government be examined by a retired Judge of the High Court before consideration by the Court.

High Court's order

Consequently, hearing the case on November 30, the High Court, while taking into account the concerns of the Sevayats, appointed a former judge of the HC, Justice Agarwal to examine the plan of the state government,

The Court also directed the UP Government to submit a copy of its plan to Justice Agarwal, and provide all facilities to him for traveling, lodging, and boarding to the temple as and when required further, to pay an honorarium of ₹ 1,00,000/- to him.

Significantly, the Court also stayed an order of the Civil Judge (Junior Division), Mathura passed on November 14, 2022, pertaining to an increase in the Darshan timing of the temple and, accordingly, making some adjustments regarding Arti and Bhog.

Having stayed the order, the Court expressed its disappointment regarding a communication (dated November 10, 2022) sent by the District Magistrate/Senior Superintendent of Police, Mathura to the District Judge, Mathura with reference to a matter pending on the judicial side in the Court of Civil Judge (Junior Division), Mathura.

"...we strongly deprecate the process adopted by the District Magistrate/Senior Superintendent of Police, Mathura, writing a letter to the District Judge in a matter pending on the judicial side. Due process as known to law should have been followed in case clarification of any earlier order or any fresh order is required to be passed by a Court. 11. As number of devotees on certain occasions or days, is in large, we expect that the Goswamis and the local administration will cooperate and manage the same so as to avoid any untoward incident. 12. As a process unknown to law has been followed in a matter which is pending on the judicial side, we have no other option but to exercise our powers under Article 227 of the Constitution of India and stay operation of the order dated November 14, 2022 passed by the Civil Judge (Junior Division), Mathura," the Court ordered as it posted the matter for further hearing on December 16.

Case title - Anant Sharma and another v. State of U.P. and others [PUBLIC INTEREST LITIGATION (PIL) No. - 1509 of 2022]

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