In response to several Public Interest Litigation (PIL) petitions concerning the safety and security of pilgrims visiting the Banke Bihari Temple in Vrindavan, the Allahabad High Court has issued a directive today. The court has ordered the State Government not to disrupt or intervene in the religious ceremonies conducted at the temple and to refrain from accessing or managing the temple's funds.
Today, a panel consisting of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava sought clarification from both the state authorities and the Goswamis Sevayats about whether any consensus had been reached regarding the proposed redevelopment plan for the temple area.
It's worth mentioning that the Sevayat Goswami Priests, who have been the custodians of the temple for generations, have raised objections to several elements of the proposed corridor project. These objections encompass issues such as the elimination of the "kunj galiyan" or narrow lanes within the temple premises. Additionally, the Sevayats have expressed their disapproval of the participation of the local administration in the management of temple affairs.
Furthermore, it's important to highlight that the Goswamis belonging to the Saraswat Brahmin community hold the exclusive right to serve at the Thakur Banke Bihari Temple. They are responsible for conducting the religious ceremonies, including puja-archana and shringar, within the temple premises and are referred to as Sevayats. Their specific argument is rooted in the belief that since the Banke Bihari Temple is privately managed, it should remain free from external interference or intervention.
In today's hearing, the legal representatives for the Goswamis expressed their concern to the Court regarding the potential takeover of the temple's management by the state. They argued that the Court should refrain from issuing directives regarding the internal affairs and activities that occur within the temple premises.
It was additionally argued that the state should not have a role in reviewing or regulating the individuals who are permitted to enter the temple or engage in worship there. The argument was made emphatically that, given the exclusive rights of the Goswamis to serve the temple, any interference with their rights by the state should not be permitted.
In response to these arguments, the legal representatives for the State, along with the Advocate General, informed the bench that the state's involvement was primarily centered around the creation of a corridor and the management of security matters related to the temple.
The Chief Standing Counsel further clarified that the state's role primarily pertained to managing everything outside the temple premises and that reaching a consensus was essential when it came to matters concerning the affairs within the temple itself.
Furthermore, the Advocate General (AG) requested additional time to file an affidavit in relation to the case.
In light of these arguments and discussions, Chief Justice Diwekar issued a directive to the state, emphasizing that they should refrain from accessing the funds managed by the temple and should not intervene in the worship rituals that are under the control of the Sevayats.
The Chief Justice also made an oral remark, suggesting that if the state intended to utilize the funds associated with the temple, it should follow the appropriate legal procedures or channels for doing so.
The Allahabad High Court is currently addressing a group of Public Interest Litigations (PILs) filed by devotees of Lord Krishna. These PILs are seeking directives related to the maintenance of public order in and around the Shree Thakur Banke Bihari Ji Mandir located in Vrindavan.
In one of the petitions, it has been asserted that Swami Hari Das Ji, the founder of the temple, did not establish any trust or endowment in favor of any specific entity or individual. The claim put forth is that Goswami Onkar Nath and Goswami Phundi Lal have declared themselves as the legal heirs and maintain that they are entitled to carry out the Pramukh Seva (chief religious service) of Thakur Ji within the temple.
The petitioner has argued that the judgment issued in 1939, stemming from a lawsuit initiated by Goswami Onkar Nath, is no longer applicable in the current circumstances. They have pointed out that aside from recording the absence of a trust or endowment in favor of any specific party, the judgment's relevance has diminished over time and may not adequately address the present situation.
Additionally, the petition has raised several disputes involving the Goswamis and their heirs, as well as highlighted various criminal cases that have been filed against the Goswamis.
The petitioner has raised a crucial issue regarding the inadequate management within the temple premises, which has resulted in difficulties for devotees in offering their prayers. The petitioner has presented specific instances where devotees have tragically lost their lives due to uncontrolled crowds. They argue that the failure of the State and its authorities to address this issue amounts to a violation of Article 25 of the Constitution of India, which pertains to the freedom of religion and the right to practice and propagate one's religion.
In light of these concerns, the petitioner has requested the Court to issue directives to the State that would involve the formulation of an appropriate plan for the upkeep and management of the temple, as well as ensuring proper darshan (viewing) of Thakur Ji (Lord Krishna) to safeguard the constitutional rights of the citizens of India, as enshrined in the Constitution of India.
An intervention application has been submitted by approximately 250 shopkeepers and local residents in opposition to the State's proposed expansion plan. The intervenors argue that the "Kunj Galis" are sacred lanes where Lord Krishna and Radha Rani are believed to continue their divine activities or "leelas." According to these intervenors, there are two temples in the vicinity of the main temple that are protected by the Archaeological Survey of India. Therefore, they contend that no construction for expansion should be permitted within a 400-meter radius of these temples.
During the previous hearing, the State presented a comprehensive action plan for the development of the corridor surrounding the Vrindavan temple. However, a significant point of contention arose when the plan stipulated that the temple must contribute Rs. 200 crores out of the total Rs. 700 crores are required for the construction of the corridor. This proposal was met with strong objections from the Counsel representing the Deity.
Furthermore, the Counsel representing the intervenor raised objections to the entire expansion plan, arguing that it would lead to the destruction of the sacred "Kunj Galis," which holds great religious significance. These objections underline the complexity of balancing development plans with the preservation of religious and cultural heritage in the area.
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