Allahabad High Court on Wednesday adjourned the hearing on establishing a government trust to manage and monitor the Shri Bankey Bihari Mandir at Mathura by ordinance, and set August 6 for the next hearing. When the issue was heard before Justice Rohit Ranjan Agarwal, the state attorney reported that the validity of the Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025 has been questioned before the supreme court and the case is sub judice.
After this, the high court postponed the hearing and informed the government counsel that it would be apt to have the Ordinance revised as it pertains to incorporating bureaucrats in the proposed Trust.
The court believed that through the ordinance, the government intends to take control of the temple which cannot be allowed and it violates Article 25 of the Constitution of India.
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Earlier, on July 21, high court-appointed amicus curiae Sanjay Goswami raised questions about the ability of the State to promulgate the Ordinance.
"Section 5 of the Ordinance deals with Appointment Constitution and Terms of the Board and Trustees. Section 5 (1)(ii) states that there would be two types of trustees of the Board, that is, nominated trustees and ex-officio trustees," he added.
The nominated trustees are saints, seers, gurus, scholars, mathadhish and mahants belonging to the Vaishnav tradition and Sanatan Dharm followers, Goswami said. He strongly objected to the inclusion of seven ex-officio trustees like Mathura district magistrate (DM), senior superintendent of police (SSP), municipal commissioner, chief executive officer of Uttar Pradesh Braj Teerth Vikash Parishad, an officer of UP's Religious Affairs Department and chief executive officer of Shri Bankey Bihari Ji Temple Trust.
He argued that there is no necessity for appointment of ex-officio trustees by the state government since this would be a back door entry by the government into the private temple controlled by the Goswamis.
It is a violation of the rights of the Hindus by the state government going behind the back and occupying the Shri Bankey Bihari Ji Temple, as the temple is private and devotees and successors of Swami Hari Das Ji are running the temple.