SC Modifies Order in Banke Bihari Case; High Court Judge to Lead Probe

On 8 August 2025, the Supreme Court, while hearing the Banke Bihari Temple case, announced that it would modify the portion of its earlier order that affects the temple management and allow them to challenge it in court. The bench also stated that a committee would be set up, headed by a former High Court judge, to look into the matter.

The management committee of the famous Banke Bihari Temple in Mathura had approached the Supreme Court against the Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025. This ordinance transfers the temple’s administration to a trust formed by the state government. The petitioners have questioned the constitutional validity of this law.

During the hearing, Senior Advocate Gopal, representing the temple’s religious denomination, requested interim protection until they could approach the High Court. Responding to this, Justice Surya Kant said, “We will modify the part of the judgement affecting you and give you the liberty to challenge it. A committee headed by a High Court judge will be formed.”

Senior Advocate Kapil Sibal suggested appointing a Supreme Court judge as the head, but Justice Surya Kant declined, stating that officers would also be included and the committee could have some goswamis as members.

The bench noted that related proceedings were already pending in the Allahabad High Court, where an amicus curiae had been appointed and a July 21 order had stayed certain issues, including the state’s competence to issue the ordinance. It clarified that any writ petitions challenging the constitutionality of the ordinance must be heard by a Division Bench of the High Court along with the ongoing Article 227 matter.

The Supreme Court’s interim order will remain in force until the High Court delivers its final verdict. Meanwhile, the newly formed committee will address issues related to the temple’s administration.

The Banke Bihari Temple in Vrindavan is among the most prominent temples in India, attracting lakhs of devotees every week. Concerns over its management have led to prolonged legal battles, now reaching the Supreme Court.

Case Title: Management Committee of Thakur Shree Bankey Bihari Ji Maharaj Temple & Anr. v. State of Uttar Pradesh & Ors. W.P.(C) No. 704/2025