After Supreme Court censure, UP Govt says, Banke Bihari Temple Ordinance for ‘better facilities, administration’

The bench was hearing petitions challenging the Ordinance, and the May 15 order of the SC allowing the state government to use the temple funds for buying land around it for a proposed corridor project.

On Monday, the apex court questioned the “tearing hurry” to bring the Ordinance, and the process which led to the May 15 order. The May 15 order had come on an interlocutory application filed by the state in a matter pertaining to the administration and safety of temples in the Braj region.

During the hearing, the court said it intended to ask the petitioners to approach the Allahabad High Court challenging the Ordinance and that, in the interim, it will put in place a committee headed by a retired district or HC judge for its administration.

Nataraj, while explaining how the Ordinance came about, said Tuesday, “…as a matter of fact, there was a PIL before the Allahabad HC…and the court issued some directions … The state never intended nor intends to interfere with any of the religious rights of any of the parties. It’s only with regard to secular activity, that is, for better administration of the temple, that the Ordinance has been issued.”

“Like Ayodhya and Kashi, the government wants to develop this particular temple. It wants to infuse funds for the development of the infrastructure.”

The law officer said the Banke Bihari Temple has a “history”, and around 20,000 to 30,000 devotees visit every day, and 2 to 3 lakh during the weekends. “We require better facilities, better administration. We also have to prevent mismanagement of funds. These are all the different considerations that weighed on the mind of the government.”

Appearing for the petitioners, Senior Advocate Kapil Sibal said there is no allegation of mismanagement at any stage. To that, Additional Solicitor General K M Nataraj said, “Mismanagement means everybody is managing”.

Justice Kant said, “The local administration will have to be involved. That is the only way to get these things done.”

“We have no problem,” Sibal said, adding that there should be a notification that 25,000 people will be allowed for morning darshan and 25,000 in the evening so that rush can be controlled.

Justice Kant pointed out that it will be very difficult to do so given that people visit from across the country.

The court adjourned the hearing till Friday to enable the parties to recommend names for the committee it intends to put in place for administering the shrine.