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.
Over concerns of the Bench regarding crowd management, safety, and the apprehension of preferential or paid darshan during periods when the temple remained closed, Senior Advocate Divan submitted that no substantiated material had been placed on record evidencing any such malpractice. 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.
He further drew the attention of the Court to the discontinuation of the traditional Deri Pooja, a ritual historically performed exclusively by the Goswamis in accordance with the Guru–Shishya parampara. The suspension of this long-standing practice on grounds of crowd management was legally untenable, since the ritual had been performed when the temple was closed to the public and within a confined and designated area, thereby posing no risk to public order or safety. The discontinuation amounted to an impermissible intrusion into the internal affairs of a religious denomination, in derogation of Article 26(b) of the Constitution, he noted.
The Apex Court observed that the issues raised required careful and sensitive consideration, having regard to the unique religious character of the temple and the competing claims of constitutional freedoms and regulatory authority.
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