The Supreme Court on Monday issued notice to the State of Uttar Pradesh and others on a writ petition that challenged the recent administrative alterations to the darshan timings of the Banke Bihari temple, located in the Mathura district of Uttar Pradesh, on the grounds that the opening and closing hours of the shrine constituted an integral and inviolable component of its religious observances and centuries-old ritual practices.
The Bench of Chief Justice of India Surya Kant, Justice Joymala Bagchi and Justice Vipul Pancholi sought response from the state government, the Banke Bihari Temple management committee, the District Magistrate (DM) of Mathura and other stakeholders, and listed the matter for further hearing in the first week of January.
Appearing for the temple management committee, Senior Advocate Shyam Divan submitted that since time immemorial, the Banke Bihari temple has adhered to distinct seasonal schedules, separately calibrated for summer and winter. These schedules governed not only public access for darshan but also essential rituals such as the Mangla Aarti, the Shayan Aarti, and the prescribed period of rest (Vishram) of the presiding deity, all of which were understood to form part of the temple’s doctrinal and customary regimen.
He argued that office memoranda issued in August and September 2025, by which the temple timings had been revised, had resulted in a substantial disruption of core religious practices. He said the administrative intervention had impinged upon matters of religion protected under Articles 25 and 26 of the Constitution, as judicially expounded in seminal precedents, including The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt (1954 SCR 1005), wherein rituals, observances, and ceremonies were recognised as integral to the freedom of religion and insulated from excessive State interference.
Emphasising the distinctive and sui generis character of the shrine, the Senior Counsel submitted that the functioning of the Banke Bihari temple could not be equated with the flexible or extended opening hours followed by other public temples. The timings were asserted to be deeply embedded in religious purpose, custom and practice, and not susceptible to alteration on grounds of administrative convenience, thereby attracting constitutional protection as essential religious practices within the framework of settled jurisprudence, he pointed out.
During the course of the hearing, the Apex Court strongly criticised the practice of permitting “special pujas” in temples upon payment of money, particularly where such practices intruded upon the prescribed resting period of the deity.
After closing the temple at noon, the deity was not allowed to rest even for a second. The so-called affluent people, those who could afford to pay hefty amounts, were allowed to perform special pujas, noted the Bench, adding that such religious observances undermined the sanctity of ritual timings and could not be subordinated to commercial considerations under the guise of privileged access.
Responding to the Court’s observations, Senior Advocate Divan contended that no privileged or preferential darshan ought to be permitted during the deity’s resting hours. He submitted that the rest period was sacrosanct and central to the temple’s religious discipline.
While maintaining that there was no substantiated complaint or material that had been placed on record alleging such malpractice in the present case, he acknowledged that the apprehension expressed by the Bench was legitimate and could be addressed through appropriate safeguards.
He asserted that speculative apprehensions could not justify interference with religious observances and that issues related to crowd regulation, stampede prevention, and public safety could be addressed through narrowly tailored regulatory measures, consistent with the doctrine of proportionality, without disturbing established ritual timings.
Reliance was placed on decisions such as Adi Saiva Sivachariyargal Nala Sangam v. State of Tamil Nadu (2016) 2 SCC 725, which underscored the need to preserve religious autonomy while permitting limited regulatory oversight.
The Senior Counsel further highlighted the discontinuation of the age-old Deri Pooja, a ritual performed exclusively by the Goswamis in accordance with the Guru–Shishya parampara.
He submitted that the suspension of this ritual on grounds of crowd regulation is legally untenable, as the ceremony is conducted when the temple is closed to the public and within a confined area, posing no risk to public order or safety.
The discontinuation constituted an impermissible intrusion into the internal affairs of a religious denomination, contrary to Article 26(b) of the Constitution and the settled position that matters of essential religious practice are beyond the pale of excessive State or judicial interference.
The top court of the country also took note of the broader administrative framework currently governing the temple. In August 2025, the Supreme Court had constituted a High-Powered Committee, headed by Justice Ashok Kumar, former Judge of the Allahabad High Court, to oversee and supervise the day-to-day functioning of the Banke Bihari Temple.
This was done while suspending the operation of the committee constituted under the Uttar Pradesh Shri Banke Bihari Ji Temple Trust Ordinance, 2025, with the constitutional challenge to the Ordinance relegated to the Allahabad High Court. Pending adjudication by the High Court, the Supreme Court-appointed High-Powered Committee continues to administer the temple.
Observing that the issues raised implicate a delicate balance between constitutional guarantees of religious freedom and legitimate regulatory concerns, the Bench noted that the matter warranted careful and sensitive consideration.
After hearing the submissions, the Apex Court issued notice to the High-Powered Committee and other relevant stakeholders, and listed the matter for further hearing in the first week of January.
The plea has been filed by the temple’s Management Committee through Gopesh Goswami (Shayan Bhog Seva) and Rajat Goswami.
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