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High Courts Defer Hearings on Bankey Bihari Temple Trust Ordinance

The Supreme Court deferred the writ petition until a related miscellaneous application is resolved before the Chief Justice of India.

Overview

  • A Supreme Court bench led by Justices Surya Kant and Joymala Bagchi ordered that the petition challenging the 2025 Ordinance be listed only after a pending miscellaneous application before the Chief Justice is heard and disposed of.
  • Petitioners representing the hereditary Sewayat Goswami families argue that transferring control to the government-appointed trust breaches their constitutional rights under Articles 25 and 26 by overriding centuries-old management practices.
  • The Allahabad High Court adjourned its hearing to August 6, noting that the Supreme Court’s pending review renders its own examination premature.
  • Justice Rohit Ranjan Agarwal indicated that the state should amend the Ordinance to eliminate ex-officio bureaucratic trustees to protect the temple’s private status.
  • Section 5 of the Ordinance provides for both nominated religious figures and ex-officio officials on the trust board, prompting concerns that government appointees could undermine traditional custodianship.