'Won't Allow State's Entry Into Religion': Allahabad HC Orally Questions UP Govt Over Banke Bihari Temple Trust Ordinance

A bench of Justice Rohit Ranjan Agarwal questioned the constitutional propriety of the State Government for attempting to enter the religious domain. It orally remarked thus:

"Ye hum allow nahi karenge ki State ko religion mein enter karne dein. I will ask the government how is government entering into religion…(to state) Aap bahar ki vyavastha dekhiye, andar mat ghusiye…Aap scheme of administration banaiye (temple ki), but aapka aadmi nahi hoga andar…Constitution ka koi religion nahi hai, government ka koi religion nahi hai to kyu ghuss rahe hain?" [Translation: We will not allow the State to enter into religion. I will ask the government as to how is the government entering into religion?...(to the State) You look after the external arrangements; do not enter the internal [affairs]…you may frame a scheme of administration (of the temple), but your person will not be inside…the Constitution has no religion, the Government has no religion, then why are you interfering?]

The Court further remarked that the Hindu religion is the most affected. He said:

"…iss desh mei hindu ke saath mazak ho raha hai…aap Tirupati Temple manage kar rahe h, aap Vaishno Devi manage kar rahe, ek mosque ek church mahi manage kar rahe…dont get into religion". [Translation : (to state) you are managing the Tirupati Temple, you are managing Vaishno Devi, but you are not managing even a single mosque or church…don't get into religion.]

Furthermore, the Court also orally criticised the internal management of the temple, which the Goswamis are handling. The single judge said that they have ruined the sanctity of the temple, are behind the money, and know nothing about the Hindu dharma.

He also remarked that the money offered to the deity never reaches the deity and stressed the need to stop this 'loot'.

Further, when the Goswamis' side prayed that the State's entry into the temple be restricted, the judge retorted that their entry, too, would be restricted.

Lastly, the court recorded that the State has not yet responded to the specific queries raised in the previous hearing and deferred the hearing to August 6.

To recap, the Allahabad High Court on July 21 called for a response from the Uttar Pradesh Government after the Court-appointed Amicus Curiae raised serious questions regarding the State's competence to issue the Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025.

As per the ordinance, the management of Shri Banke Bihari Ji temple in Vrindavan, Mathura and the responsibility of facilities for the devotees will be handled by the 'Shri Banke Bihari Ji Mandir Nyas'. 11 trustees will be nominated in it, while a maximum of 7 members can be ex-officio. All government and non-government members will be followers of Sanatan Dharma.

It may be noted that on July 21, the Amicus submitted before a bench of Justice Rohit Ranjan Agarwal that the State Government lacks competence to issue the Ordinance, as the Banke Bihari temple is a private temple and its religious practice is being carried out by the heirs of Swami Hari Das Ji.

On July 28, the Supreme Court also heard a plea challenging constitutionality of Ordinance and asked the management committee of the Mathura Temple to find out how many temple managements have been taken over pan-India through legislations.

Brief background of the matter before the HC

The dispute related to the Banke Bihari Temple traces back to longstanding internal differences between the two sects of sewayats of the revered Banke Bihari Temple in Vrindavan. With around 360 sewayats, the temple has historically been managed privately by descendants and followers of Swami Haridas Ji.

When the matter reached the HC, in March 2025, the Court appointed Advocate Sanjay Goswami as Amicus Curiae to assist in resolving management-related complexities.

Meanwhile, the State promulgated the 2025 ordinance, proposing to create a statutory trust with several State officials as ex-officio trustees.

Another matter related to the temple before the Top Court

The Allahabad High Court in November 2023 gave a nod to the development of the Corridor, a plan proposed by the Uttar Pradesh Government. The Court, however, restrained the UP Government from using Rs. 262. 50 Crores from the bank account of the Deity for the construction of the corridor.

However, on May 15, the Supreme Court modified the High Court's order. It permitted the Uttar Pradesh Government to use funds for acquiring 5 acres of land around the temple for corridor development, on the condition that the acquired land shall be registered in the name of the deity.

Later, a temple devotee named Devendra Nath Goswami and one Rasik Raj Goswami filed the MAs before the Top Court, seeking a recall of the judgment, contending that they were not heard.

In their MAs, the applicants have sought a stay on all redevelopment-related activities (acquisition, demolition, construction) until the matter is fully decided, and they also pray for the formation of a heritage and stakeholder consultation committee to ensure any redevelopment is inclusive and transparent.