Banke Bihari Temple Case: VIP Darshan, Ritual Changes &Crowd Chaos? Shyam Divan Opposed Changes

本站添加: 2026-06-02

[00:00:00]are being performed there. The there are certain Gowamis etc. there but there's a lot of dissatisfaction amongst the members saying that look you cannot have the the deity timings are now being shifted this is not correct according to us and this is a prom arrangement which is being made by a committee ad hoc committee which is appointed until the constitutional challenge is determined by the high court so why the question we ask ourselves is why should there be a change in timing and this is something which is deeply embedded in the rituals so we've given it so for example see one example the dan opening timing are second row on page five 7:45 a.m. has now been changed to 7:00 a.m. That's the third column. And uh so we are not in the Diwali to holy segment. We are in the holy to Diwali period. So 7:45 has been advanced to 7:00 a.m. The Shingar Arti 7:55 a.m. has been advanced to 7:10 a.m. And the Arti completion time of 8:00 a.m. has been advanced to 7:15 a.m.

[00:00:57]And similarly, we can go down as far as the Rajbok Sava is concerned which is the daytime ritual and the Shanboka which is the evening ritual. Those timings are those timings are also being shifted. So after the table now therefore there has been an unbroken and uninterrupted tradition of certain rituals being performed at a specified time in the temple including the waking and the resting ritual of the deity. The morning daytime and evening artisa which is done at a specified time in the morning daytime and evening. Uh there are two slots of timings followed by the temple.

[00:01:30]The summer timing between holi and Diwali and the winter timing followed between Diwali and holi. The following morning sas happen in the gra place where the dity resides before the temple opens. Now we've given the details with your permission I'm skipping those but once those main timings change all these timings also change and these are all pleaded and we have your lordship may go directly to page seven we have given the various breakups the uh different rituals which are performed and we have pointed to the ritual the pages from the additional affidavit where these details are. So this is the first point. Now we come to the second point regarding the dhi puja ritual. Now let me just state the point over here. The point here is that the dhi puja is performed at a particular place when the doors of the main doors are shut and that is the area which we have specified over here where it has been performed for time immemorial. Now that has been told that you cannot perform it over here. You have to perform it elsewhere. So why should that happen? If a particular ritual is being performed at a particular place, there is there ought not to be any change or interference for some administrative reason or administrative convenience. Now this is what we have amplified. The petitioners most humbly pray that the Dhi Puja be allowed at the Jagman area of the temple. I might just mention we have given you photographs which I'm not placing just now as to exactly where the position is, where the place is and now where they've shifted it. The high-powered committee with a memorandum of 21st November 2025 passed a direction completely shutting the Jagman area of the temple for the general public as well as for the Gowamies thereby affecting the Dhi Puja ritual. The practice of di puja has been performed in the jagon area under the guru shrisha parumpara which should remain unchanged and therefore the jagon area should be left open at least during the dhi puja timings that the deri puja ritual is performed only when the temple is closed for the rest of the public. The dhi puja in no way interferes either with the resting time of the deity nor does it increase the crowd within the temple since only the guru and shisha families members participate in the dhi puja which is which is not more than a maximum of 50 members at any given point. The timing schedule of the dhi puja is at page 30 of the reply to the status report. The ritual of the dhi puja is being performed in the temple sits the construction of the present temple and it uh and it has its religious significance in the temple where the dairi entrance to the door is treated as god's feet and the ith perfume flowers are offered at the feet of the deity while the said ritual is being performed. The status report it is mentioned that the dhi puja is yet performed at the chandan kotari. However the dhi puja ritual cannot be substituted to be performed at the chandan kotari. The reasons why the same has been performed currently at the Chandan Kotari is to ensure continuity of the ritual. It's most humbly submitted that the Dhi Puja ritual is performed outside the main entrance which is the Jagman area and the same cannot be replaced to be performed at the Chandan Kotari. The below table reflects the change in the earlier position and the current position. So we've given the earlier position we've given also the ear the further change. So this is on the Di puja. Now there is a third set of rituals which is the full Bangla sava which happens essentially in sum summer.

[00:04:54]Now on this please see the the the request which we feel ought to seize and which they are not accing to the this is the top of page n the petitioners request that this honorable court to allow the performance of the full bangla sava without payment of an excessive amount of rupees 1 lakh as required by the committee for each full bangla. So why have they suddenly imposed this one lakh requirement? There was a previous practice which was being followed where the electricity bill or some whatever the requirements were were being paid but there was no such amount which was being imposed that day an order of 25th March 2026 passed by the committee the Gowwami is required to pay a sum of rups 1 lak 51,000 for the full bangla from rs 50,000 which was paid for electricity charges to 1 lak 51,000 charging such an amount is an excessive burden on the goswamis to carry out the an essential ritual followed in the temple since decades. As for the directions on 26th May 2020 uh 2005 passed by the honorable court in repetition of 2005 only an additional nominal charge of Rs 15,000 was levied towards electricity expenses in conssonance with the prior judicial directions. Even in the said order it was clarified that shabbayats were not required to pay anything. The imposition of 1 lak 51,000 which was later reduced to 1 lakh is an exorbitant amount which is beyond the financial capacity of the Gowamis or their shishas thereby affecting and preventing the continuation of the said ritual. Such imposition amounts to commercialization of a sacred religious practice and constitutes an unreasonable restriction on the fundamental rights granted under 25 and 26 of the constitution. The below table reflects the change of the earlier position and the earlier. So we have we have summarized that. Now please see the uh page 10 sub para D ordering and requiring the bringing of the deity out into the jagon area every day that the petition's request that the order directing bringing out the deity should be you know whatever appropriately quashed or restricted and order dated 17th February 2026 was passed wherein it was decided that the Takur Bangi Bihari will sit outside the Jagm area every day for the convenience of the devotey as for the age-old ritual of the temple The deity who considered living child resides in the garbaga and comes out in the jagon area for dashan only during certain big occasions in the year including holy charand daran fool mangla shhatpurima janmashi etc. It will be totally against the customs and long-standing rituals to bring out the deity outside into the jagon area for regular dashan. Then we have a point regarding installation of very bright and hallogen lights facing directly in the deity's eyes and installation of live camera and digital display uh screens at the temple gates that the petitioner request this honorable court that the installed bright LED lights f sorry of the program.

[00:08:22]>> Yes. Number of species. So there so in sub paragraph E on page 10 we have mentioned about the bright halogen lights and those al also ought to be removed or discontinued. Now please just see Roman 3. Now this is a separate point etc. This has to do with the finances which we have a concern about. The petitioners most humbly pray that no expenses be allowed to incur from the temple funds that there should be a cap on the usage of the amounts from the temple funds and the expenses should be incurred by the state for functioning of the committee including the honorarium paid by members of the committee in terms of the status report even the committee has made a request to the state government and the said request should be considered by the state to avoid a burden on temple funds and then I'll read this honorable court's our court's order on 8th of August 2025 parah 36 Six as a necessary corollary the committee constituted here in here and above. We also pass the following directions. The chairperson of the committee shall be paid rupees 2 lakhs per month as honorarium which shall be born from the amounts of the temple fund. He shall also be provided all the requisite secretary assistance including but not limited to the transportation facilities. Sri MKkesh Mushra member of the committee shall be paid rupees 1 lakh per month honorarium which shall be born out of the accounts of the temple fund. The expenditure from the temple fund were allowed only regarding the above mentioned areas.

[00:09:45]However, over and above what is stated stated areas. Expenditure from the temple funds is being incurred by the high power committee on various other areas also mentioned in the status report at par 31 at page 25 including the house rent expenses, travel expenses and other day-to-day expenses of the committee are being born from temple funds. It's further submitted that as per the information received by the Gowamis, the expenses incurred by the committee on the day-to-day basis is an enormous burden on the existing temple funds which is accumulated over the last 500 years. The day-to-day expenses incurred in getting the structural survey of the temple conducted by IIT Ruli getting the registries. So these are these are plots which are being purchased it seems and being registered is all being done beyond the areas of expenditure from the temple funds indicated by this honorable court in the order dated 8th August 2025 as per the informal information received by the Gowamis approximately 25 crores have been invested in 8 invested in 8 months from the 12 from the temple funds the petition's request for the exact amount which is spent on temple funds by way of RTI however no reply has been received that sorry it's been invested in the sense I think they are I inquired so they the information is we understand that they may be purchasing certain properties etc alongside etc maybe it is to widen the gap or and to widen the passage etc will I'm not sure we sorry the >> to access yeah cor possibly I don't know man I don't want to speculate on this because these are just oral instructions we've received. Now we want to make some positive suggestions which are in Roman 4 suggestions on crowd management. Now I'll show you lots of photographs but the the idea is no this committee is not doing anything in terms of crowd management. The petitioners most humbly pray that the suggestions on crowd management may please be taken on record. Barricades installed inside the temple by the high-powered committee.

[00:11:45]However, the same does not solve the problem of the crowd management and rather increases it. We will show you these pictures. The Gowamis have communicated their suggestions to the high powered committee on crowd management but due to an I whatever due to oversight these suggestions have not been yet responded to. The suggestions include a system of online registration for dashant in the temple. The set system has been duly followed by some of the renowned temples in India including and we've given the names and the details of registration. The registration for dashan is done by registr. So this is done through a mobile system. It's digital and it is done with an OTP etc. and it is it will enable good crowd management during the coid9 pandemic. A similar online registration was followed for booking online dash in the temple that the petition may be taken up that's after your lordship's judgment. Now I just want to show you a few photographs and then I'll go to the next part of my submission. So if your lordship is pleased to just take up IA152578 of 2026 >> reply to >> it's uh it's the reply I believe it's titled reply filed on behalf of the petitioners to the status report. The photographs are at many places but I'll just point a few. So the first I want to show you is page 64.

[00:13:10]So this is page 64 the photograph old photograph of where the dhi puja is being conducted right at the main gate when the doors are shut. Page 64 an A4 where >> 64 >> right 64 >> is the post committee or before committee >> this is before committee. So this is all this is when the it shuts the dhi pujas to be conducted at the main gate. This is where it is to be conducted. Now this whole area has been excluded. Page 66 g shows you the whole area. The entire area is barricaded and they're not allowing people to conduct a puja at the place where it is traditionally conducted.

[00:13:50]That doesn't seem to be correct. So that's one. The second point I want to mention these are all after all.

[00:13:58]>> Now just see page 94 onwards.

[00:14:01]Yes, actually 93 onwards. Now this is why we are suggesting that we don't want some incident to take place which is unfortunate.

[00:14:10]So if you see from page 93 94 95 96 these are the huge rushes there a huge rush of devotees this can create a problem enormous problem. So we are making positive suggestions but they are not being responded to particularly on certain days of which are >> yes >> and page 87 is that is the bright halogen lights which we believe >> 87 >> 87 are those hyogen hall hogen lights now that's our request we are saying that please tone down the bright lights because the belief system is that this is a live deity and therefore you don't have to have such bright lights because it's people feel that this may be offensive. Now look this is one part of it. Now the second part sorry I'm so I'm done on this part of my submission. Now I go to my next part. Now I might just mention that there is an MA which we have filed and >> next the details are in the MA but I don't want to take you I I'll take you to a few I won't read that MA because I've summarized we have summarized it in this note. Now may I just tell you what what happens just if your lordship is pleased to just take up that MA volume. I think it has it's at 38.1 today but it's serial diary number was 71137 of 2025 just have a look at that ma it's at 38.1 today so I I won't be I I just want to dwell on a few aspects here and I'm going to make a suggestion here I I will I will show you what I'll just highlight the points then your lordship may have to just reflect upon it as to whether because there are certain factual elements which have come So I'll just come to that in a moment. The court master has it. Just please go to page 95. Page 95. And I'll I'll express my concern.

[00:16:12]Now this is your lordship's order of 8th August to 2025. Your lordship has it.

[00:16:16]>> Yes.

[00:16:17]>> Yes. Bachi has a uh this is page 95. Now just two things in the caption you will find there is one the order is a combined order passed in a petition which we had filed against an ordinance.

[00:16:31]Your lordship has that on the top of 95 red petition civil number 704 of 2025.

[00:16:37]So this your lordship to challenge before the high court. That's one. And the second is a series of mas which your lordship will find in civil appeals 6855 of 2025. Your lordship has that. Now what had happened was if you recall in this civil appeals 6855 of 2025 I was not involved in that case at all.

[00:16:58]Not at all. It will involve certain other reason but observations were made by our court with regard to that and your lordships were good enough to say that look there can't be any and therefore you remove those particular observations from that and we're very grateful for that. However, while passing this particular order, certain we've we've done our little bit of research, we find that elements have crept into your lordship's order in the narrative which are not in the pleadings before this court because this court had no pleadings virtually in the civil appeal. There were no pleadings because there were nothing to do with our case.

[00:17:33]Now, please go if your lordships would please to be be pleased to in the note which I handed over just go straight away to part B. part B.

[00:17:43]So I'll just indicate I'll give you a flavor and because it's your lordship's order we felt that it should not reflect any statements which are not you know supported by the pleading and where and maybe you may just find that some corrections are in order. So your lordship has page part B of my note.

[00:18:02]There's no page on this separation.

[00:18:05]>> Part B or part C?

[00:18:06]>> Yes. I'm I'm just on part B. Part B is separate 10 pages. Correct.

[00:18:13]>> Yes.

[00:18:16]>> It's titled after part B. Brief note on caption miscellaneous application pages 1 to 10. So if we just go thereafter to page one, you will find Now just see the column headings clarifications or modifications sought by the applicants to the order of 8 August 2025. Now left hand side is a paragraph of the order from your lordship's order which I just pointed out passed by this honorable court and the factual position as ass ascertained by the applicants is on the right hand side. So we're just drawing your lordship's attention. So let me just give you a sample me. So just see page two for example of that note internal page two in par 5 at page 96 your lordships have recorded it's a matter of record that the temple was constructed in 1864 on land gifted by Raja Ratan Singh. This factual position on record in par 5 does not appear in the pleadings and petition 704 of 25. The applicant brings to the attention of this honorable court that the historical record shows that Mughal emperor Akbar out of his respect for the spiritual power of Swami Haridas G and his devotion towards the presiding deity granted 25 vigas of land to Shri Swami Haridas G. Now just pausing we have compressed it over here. I've just mentioned we have just compressed it but in the MA itself which your lordship saw we have given great details page four onwards just have a just glance over it because we can't obviously put all the historical records over here so it doesn't seem to be 1864 and Raja Ratan Singh at least our historical records seem to suggest otherwise and so we pointed it out I'm just mentioning it to you as I said it may be difficult to do it right now immediately your lordship say just have a look page four onwards.

[00:20:05]We've given a great degree of detail in our MA with regard to the history. Your lordships will see for example many dates at page six are prior to 1864 which are indicated 1850 to 1863 and then etc etc. So this is one part of it.

[00:20:23]Then please see paras 7 on page 96. I'm going back to page two of my note.

[00:20:28]Several decades later in June 2016, further differences arose between the two groups regarding the nomination of three members to be appointed following elections under the aforementioned scheme to resolve the deadlock. Case number 4822 of 2016 was filed in the high court of judicature at Alabad under article 227. Now I just want to mention I just I'm just stepping back. I'll just tell you there was just there were no disputes between the two groups etc. But just please bear that what had happened over there was that in one election there was a problem with regard to one individual that's all. So this whole suggestion so therefore you we have put it on the right hand side according to the applicant there was no dispute between Rajborg and Shanbog.

[00:21:13]Case number 488 4822 of 2016 was not filed to resolve the deadlock between the two groups. It was instituted before the honorable high court seeking a direction to the learned civil judge Matura to pass necessary orders in application RM number 50 of 2016. RM50 of 2016 was filed interalia for securing the movable and immovable properties of the temple and for restraining the management committee from functioning due to incomplete quorum after the after one member's resignation. The said member had resigned from the management committee in response to the action of the learned Munif Matura in appointing the nominated members without considering the suggested names of the elected members. Now this is this is a much smaller issue. There's no big faction fight. Now look at par 24 faced by this the Mr. The KM Natur learned additional solicitor general um representing the state of Uttar Pradesh has pointed out that some parallel proceedings under 227 bearing number 15949 are being heard by a learned single judge of the high court which also pertain to the ordinance's constitutionality. In that matter while an amicus was initially appointed most recently the hearings have been deferred due to the instant proceedings. Now please see the position. The red petition under article 227 does not pertain to the constitutionality of the ordinance. It was filed seeking directions for commencement of the election process of the management committee of the temple as per the 1939 scheme. The prayers of the petition are extracted and we have extracted the petitioners. So this is a completely incorrect statement which was made.

[00:22:45]There was no challenge to the ordinance at all. Then PC page 4 parah 31. We are equally mindful that the sum of our directions shall effectively leave the management of the subject temple in a limbo. Yet again since the ad hoc arrangements of the temple management have been wholly ineffective and inefficient in discharging the duties over years. We are pain to observe that the previous administerial deadlock and infighting have only worsened the problems plaguing the temple causing much distress to the pilgrims who are left without any amenities or address.

[00:23:15]It is submitted that the factual position does not appear in the pleadings. The writt challenging the constitutional validity of the ordinance and the administrative deadlock between the two groups was not in question.

[00:23:26]Neither in the red petition nor any counter affidavit was filed in the matter. There is no material on the record which reflects ineffective and inefficient ad hoc arrangement of the temple management. There is no material on the record which reflects that there is administr administratorial deadlock in the temple. And then para 32 the material on the record indicates that despite substantial donations being received running into hundreds of crores no tangible steps appear to have been taken by successive managements for providing essential facilities to scores of devotees. We are also informed that the Gowami Shabbayats remain divided into factions and continue to litigate before civil courts further ad contributing to administrative inaction.

[00:24:06]No counter evident was filed reflecting this position. There were no pleadings to that effect and there were no pleadings or or proceedings or findings in any other judicial order alleging any financial irregularity by the Gowami in relation to the temple administration.

[00:24:22]So our points are lords are that this seems to have crept in somehow into the order etc. Details have been given in my MA. This will not once this judgment remains if it if it remains uncorrected there will be this this the these errors etc will continue and we therefore request the next set of submissions my lords in on page five onwards are really we are just making some suggestions with regard to the high power committee because your lordships have now committed constituted high power committee which is looking after things prom etc but just have a look at my right our right hand side submission we're just suggesting Maybe we can strengthen the committee in if if your lordship feels these are reasonable suggestions. This right hand side page five. This honorable court with the order of 8th August was pleased to stay the provisions concerning the constitution of the trust. In the respectful submission of the applicant, the composition of the high power committee appears to substantially overlap the composition of the trust contemplated under section five of the ordinance. This overlap of roles reflects the potential influence of the state appointed officials in the committee. Vesting of wide powers in the hands of state officials may result in constitutionally unwarranted encroachment upon the rights of the goabi sias which is a religious denomination under article 26 in light of the above it is submitted that this honorable court may please consider reconstitution of the HPC the committee here the submission here is that's in respect of two persons from each group because with your permission I'm skipping this because I've already made my submission elected people are better maybe you lordships may add these three people whom we have suggested then the committee to be paid two lakhs on this also I have covered I've already covered the point so I'm not repeating myself over here representative of committee we have further suggestions to make then I suppose the chairman will have to be the final authority but we have some suggestions again with regard to religious practices etc where a deference ought to be given to the uh to the various rituals and uh yes your lordship may just go to page nine.

[00:26:30]The three bullet points there. It's most humbly submitted that since it is not since it is not clarified that the HBC will not be interfering in the essential religious practice of the temple, HBC has understood the scope of which authority in a manner that with utmost respect was never intended by this honorable court in as much as many orders directly touching upon rituals of the temple have been passed by the high power committee. Since the HPC is the final authority on matters, there's no room for the Gowamis to request the high power committee for any modifications in the orders of giving any such suggestions to the high power committee while any order directly affecting the Gowamis is passed.

[00:27:09]Therefore, it is most humble humble submission of the applicant. It's crucial that the powers of the HPC are curtailed and a specific clarification be issued that it will not infer interfere in any of the religious practices or religious rituals of the temple.

[00:27:26]And of course on those secular matters prom we can't have. So brother this is my respectful submission the part I I don't want to read anything further our short response my notes uh to the uh to the status report is in part D of this note. I'm very grateful. Thank you >> please me Lord. Uh uh sorry to interrupt me. I have also filed a I seeking intervention on behalf of the deity me and me this is in respect only to three aspects which I will I wish to address me lord in addition to what my learned friend has said. One is dhi sea the other is the dian timings and me third is bringing the dity out of the grahma lord. So me lord as far as the first aspect is concerned me lord uh the this is a temple which is a denominational temple and me lord the object of this denomination the whole sole object of this denomination is the observance of nitela of the dity lord it is believed me lord that the dity comprises of a divine couple me lord it is not raha krishna it is a divine couple me lord which is eternal and they are involved in their erotic love play.

[00:28:52]Swami Haridas G's philosophy me was that only the observance of this me eternal leela can one get pleasure and that pleasure is the whole soul me neither mo nor anything else that's the highest me and me this can be obtained by providing pleasure to the dity >> so therefore me lord the entire sava system. Lord, there are no stringent rules. There are no stringent things that are attached to the worship of the deity. There are no angamas which are followed.

[00:29:34]There is no lord the even the vedas are not followed. Angumas are not followed.

[00:29:38]Nothing is followed. The system was created by swami haredas gi with a wholesome aim to pro provide pleasure to the living deity. Lord he's considered a living deity and lord with sakihao that's another exclus exclusive aspect of this denomination sakiba is lord a how of a loving servant me lord now lord as far as the dashan timing is concerned it is believed that it is believed by us that the deity goes in the night to lord Nidhi for his leelas and comes early in the morning me and me lord therefore all the vashnavite temples have a mangla arti that is the morning arty at 5:00 this temple does not have it meot only to provide pleasure so that the dity can sleep now meot the dian timing change in dian timing that they are proposing meot it leaves the dity with no resting time not even a time to have food from the morning till night. My lord the dity will stand. Me lord we believe that he is a living dity. We cannot stand for lord more than 4 hours or 2 hours. He's a delicate dity me lord and therefore me lord this dian timing will force dian timing me will lord force the dity to stand up. It will cause interference in his leela. It will displeasure the dity and this displeasure me will destroy ultimately destroy the denomination me >> therefore the dity also has right to sleep he's a me delicate dity he has a right to rest and me in fact in Shirmat also me the me was considering me >> there no need to sight now that the issue >> yeah me I'll just I'll just Me indicate that in Shiru Matt Meord had me the court had said that timing should not be interfered with regarding with that >> now today you are remembering everything had you been so sensitive about the data part you not started fighting in court in 1938 >> me 1938 I'll address mil this fight is going on in court since 1938 mil 1938 fight was relating to The secular aspects me lord no religious aspect was touched in 1938 me lord I am not on secular aspects me lord as to who should manage the secular aspects lord since I am representing the deity we are not at all concerned with the secular aspects of the temple >> yes thank you >> and I number 6809 of this petition evasive reply has been filed by the respondent number one my lord IA number 6809.

[00:32:44]My lord, with very respect and grateful uh the reply is not a disclosure affidavit. It is an evasive denial. It answers none of recordbased allegations and files no original records and with very sensitivity and with great respect.

[00:33:00]My lord, their own affidavit itself opens the door to fraud. My lords kindly have point number 13 on page number six of their reply for a moment please.

[00:33:14]Page >> may may I read my lord have it?

[00:33:17]>> Yes.

[00:33:18]>> Meot page number 30 uh point number 13 page number six. It is humbly submitted that suyog media has successfully executed the project and live streaming of the diet has been successfully proceeding without any impediment.

[00:33:33]Further, the live streaming monitors are also equipped to show a QR code through which devotees can now make donations to the temple remotely. It is humbly submitted that due to the tendency of the present litigation, no financial arrangement has been entered into between the committee and suyog media.

[00:33:54]That is the committee has neither paid nor received any financial consideration from suyog media in any manner or form.

[00:34:04]My lord the next part is very important.

[00:34:06]Nor has suyog media been allowed to re reap financial benefits from the project by so casting of advertisements etc. But the truth is contrary to death my lord the third party commercial advertisements displayed on the live dson screen itself and donations are collected today I donated 101 rupees and many other donations I have filed the screenshot of the same my colleague Ganesh may hand over it to you my lords this is the screenshot Ballard.

[00:34:47]>> Yes.

[00:34:48]>> Today itself they are collecting the money and they are not disclosing that and by lord QR donations are admitted but the money trail money trail is concealed where public faith becomes digital money and the trustee refuses accounts. The court must presume a serious primacy case of misappropriation until the bank statements QR logs contract and donation laser are produced. My lord, my lord, this is a serious case of misappropriation of fund. If they are true, their affidavit is true. And my lord, therefore, either the committee permitted commercial exploitation of dan in which case the affidavit is misleading or suyok media did it without permission in which case the vendor is unfit and the committee has failed in its secret supervisory duty. My lords, the court created committee with with the greatest respect cannot act in darkness. A diet dashion cannot be converted into a commercial screen. My lord, faith is not inventory.

[00:35:47]Devotion is not a revenue model. And my lord, we have already raised the issue that they have not answered our RTIs. We only seek truth. Production of the original selection record, contract, work order, QR code, authentication, bank statement, donation, laser, advertisement, permissions. My lord, because uh they are selling the flats over the screen, live streaming records and projectivation of all digital evidences and with folded hints. My request until that record is produced the live streaming arrangement with su media drizzles to be stayed my lord.

[00:36:21]Third party advertisements must be removed forth with and the issue and this is my request my lord and in Hindi a They are not answering any of our RTI any of our complaint my lord how we can produce that.

[00:36:42]This is my respect to submission my and and one more >> yes me a small thing uh because I uh late in the late in the evening I I I got the response from their site. So kindly permit me to file reser and additional documents and evidences to produce within two days.

[00:37:08]>> You can always file no difficult. Yes mad and kindly consider me on affid there. Yes.

[00:37:18]Yes. M >> since it is a court constituted committee I do not want to take any adversarial stand in this particular matter. We will avoid or we'll go by whatever the directions in the fitness of the things is on good in fit we'll accordingly avoid and we'll go by that we do not want to say anything beyond that in so far as the on factual aspects I want to place before the court in respect of each of the issues the first one is with regard to appointment of four goamies into the committee the direction was to have two from two sects that is sections that is one shy book the other one is from Rajbok so we called for application ations. 14 Go Swamies filed their applications. 11 participated in the interview. Out of 11, four have been selected. Out of four, one was the earlier person who was authorized by themselves in the meeting.

[00:38:10]So this is how the procedure fair procedure has been undertaken and four have been appointed. This is the first thing I would like to place on record with regard to on the appointment of four persons. Their demand is to have their own four people is concerned. They pointed out the previous resolution.

[00:38:26]That resolution was much prior to filing of this particular repetition for the purpose of kindly turned to pay number 377 >> of the repetition where it was for the purpose of carrying forward some litigation before the humbl court and they were authorized to take forward the entire issue. That was the resolution pass at that point of time. Now the procedure we adopted was calling for the application calling for interview and four people have been selected. They are now on the board. If any change is required if the code deems >> both people have been selected at >> in the committee >> committee >> committee >> from among the goswamies >> go swamies from two from Raj book two from Shyan >> who applied >> out of the four selected >> four have been selected total 11 applic total 14 applied >> three >> who they say were elected yes >> they did not apply >> three we have applied >> they applied >> we have applied They applied. They applied.

[00:39:22]>> They also applied.

[00:39:23]>> They applied and participated and one has been selected.

[00:39:26]>> But on interview selected someone.

[00:39:30]>> Yes.

[00:39:32]>> And it was paper advertisement and they participated the interview and four.

[00:39:38]>> What kind of selection must have >> selection?

[00:39:43]Selection is a very strange kind >> if anything else to be done for the purpose of committee. Absolutely we have no problem. We leave to Islam to court.

[00:39:52]>> But there were no necessity to go for such a rigorous. They are also shabites.

[00:39:57]>> Are they right?

[00:39:58]>> Gowamis.

[00:39:59]>> The goites of the temple.

[00:40:02]>> They have a whatever legal representation or for legal adjudication or whatever case purpose. There was a democratic exercise between the two wings.

[00:40:16]each were selected for them to be representative maybe in court matters as you would say not in puja matters.

[00:40:23]So if the committee could consider their aspirations as to be the leaders of their respective groups that is something which the committee can always consider. We'll issue a fresh notification let everyone apply or let them select. We have no problem ultimately go by the direction of some >> to carry everyone with you.

[00:40:41]>> No problem. Absolutely no problem.

[00:40:44]>> Suggestion is >> yes >> you have already selected four >> four >> they have got four one is common. The other three can also be co-opted that becomes seven number >> before we take this we take these I don't >> we'll have a fction absolute no problem in whatever the manner this code direct we'll go ahead with that we have no problem with anybody because out of 14 applications we selected we thought they fit and better candidates you have selected otherwise you have nothing against anybody >> better candidates let them remain >> let them remain but also the aspirations of the seab groups that they feel these are their nominees. So let them be also accommodated and make a if if if it is uneven you can add another person from the group which is uh I think the Rajbok group gets three yes >> whereas >> the other group gets four >> so that can be four >> I'll enter to this court absolutely we have no personally no problem to constitute any in committee in any manner it committee the committee has been constituted by Isambra court in whatever methodology or manner it has to be reconstituted with regard to their representation is concerned we have no problem this is only I want to place the facts how fair selection has been done I want placing it before nothing beyond that >> they also don't they don't dispute that election or selection was unfair they just say that >> larger representation >> our aspirations to speak through A B has not been considered C has been happening on >> whatever direction we me I am the devotey meal I wish to indicate something meot when then when this holy temple was me made me mad at that time the population of India including Pakistan and Bangladesh was 18 cr now alone we have 146 cr officially and around 110 cr 120 cr Hindus malad this temple is maladati of North India entire Rajasthan, Hiana, UP, Uttarakhand and Malad they come farmers, labors, lower income groups, middle everyone come and I go monthly or B monthly ballot regularly I go the situation is very pathetic it's a time to increase the dion hour inupati it's a 21-hour dion in Vashno Dvi it's a 21-hour dion So it's high time alert to consider to increase the dashion time otherwise malert the people who has the good money or who has the administrative linkage yeah who has some better things they can they get the dash mallet otherwise the malard the situation of the poor smalot I have seen the situation of the poor very pathetic malot they come from in jeeps etc malar and tractor and trolley malard they come from 6 600 km 700 km even entire Jhand come vind Madhya Pradesh etc. in north pilot and they are not able.

[00:43:58]>> Let me come to a second issue. I think it's a third party intervention. Let me point out my now in so far as timings issue is concerned earlier timings was in summer morning from 7:45 a.m. to 12. Now because of the summer and also the crowd which is more getting into the temple and a small temple of,200 square ft hardly about about small 3 cents of land over which the temple is built more that for effective crowd management the timings has been now rescheduled from instead of 7:45 in the morning we started from 7:00 a.m. 45 minutes expanded and instead of 12 to closer to 12:00 we expanded to 12:30 half an hour more. Again evening it was uh earlier it was from 5:30 p.m.

[00:44:46]to 9:30 p.m. Now it is revived to 4:50 p.m. to 9:30 p.m. In winter it was 8:40 a.m. to 1:00 p.m. which has been rescheduled to 8:00 a.m. to 1:30 p.m.

[00:44:56]and evening 4:30 p.m. to 8:30 p.m. that has been revised to 4 p.m. to 9:00 p.m.

[00:45:01]Some timings has been expanded only for the purpose of to enable the more devotees to visit and for the purpose of crowd management that also whatever the sort deems fit or directs we'll accordingly we'll follow and we'll implement that is the second part of it the third one is regarding that dhi puja is concerned dhi puja is also because of crowd management purpose the puja is going on but however it has been shifted to a particular from the one place to the maintenance >> it was going on in Chandan Koti. There is at another place it was going on there as well as in Jagman Jagm place.

[00:45:36]Now in Jagm place in the corner that has been done only for the purpose of crowd management as the people they wore step into that is a particular gallery type place where they used to jump and they used to go out and many stamped happened there. Therefore only for the purpose of kindly turn to pay number 108.

[00:46:13]Good evening.

[00:46:24]Masters sit only in this puja >> this puja >> only some selected people will be allowed to sit at the time >> but the guru shisha >> very hefty donation and >> I'm told goamies they get money out of it that's all we want it's only between guru and shisha he has a very small >> people go to goamis >> photographs on record >> who is the guru >> goami The Gowamis >> there are 200 odd gowami in one.

[00:46:57]>> Yes. So they will whoever it's done when the temple is closed when the doors are shut. So there are no crowds there's no crowd management during dihy puja at all to move people and to and to shift it.

[00:47:08]It has to be at the di the goamies they directly get money from by calling themselves as the gurus and from the people they collect huge money that was that is now affected >> gurus you allow on the puja >> we we never wanted actually restrict but however the >> they're saying about 50 odd people are permitted to assemble >> yes everyone wants to come and >> one guru equivalent to 1 is to 50 or there are 50 gurus >> they they have to we don't do not have any number >> this word >> there is the entrance >> it is basically the chart >> it is the step where >> yes >> and if this pa is also known by that yes >> then if you shift the pua then the very concept of personal principle is puja is going But one more par one more they used to carry out in jag moan jagman is basically the for the people to go and this one have the dion that it is shifted to site even still if that has to be done we'll do it there is no problem but the crowd management will be bit difficult there but puja still it is going on this unimpeded >> puja can't be >> we can't shift >> yeah we can't we can't shift also this religious function we can't touch the committee can't Such diuja is concerned.

[00:48:39]>> Whatever religious practice in >> it has to be followed. It has to be followed. Each temple has its own custom it has to be followed. But something else beyond that if in many temples apart from the diet puja they also perform some other pujas as the devotey wants. If that can be shifted or that can >> subject to >> yesing >> that puja has to happen at the dihi >> you have to restrict the number of people who participate or join the rest can be video >> sort of televised outside >> actually we asked >> we s the sgest from all these >> fortunate shishas will see from the 125 >> like in also that early morning different >> yes >> ritual >> those are done only inside the >> inside the temple sanctity >> main temple >> that is sanctity >> sanctity >> and of course the crowd is used >> and all that management >> see crowd man this these are crowd management is something different shifting of timing and or extending the timing may not be a true sense crowd management that you have to evolve some scientific way of ensure that in a particular part of township that uh this many people are allowed to enter then you have to scatter them and made them in different groups allow them and then they will leave then other will enter what we can do is we can have the meeting of all the goamies let them participate there's no problem we'll conduct a meeting of the go swamis let them give whatever suggestions we are not against any of the go swamies because the committee of the sambble court let they participate in the meeting and give the collective or this one constructive suggestion we'll accordingly we'll place it before sample court and whatever the further direction or modification required that can be carried out we have no problem >> one thing instead of you selecting yes >> that who should be their representative >> let them select that who should be their representative first of all the group >> very no >> and then probably through their representatives they will be able to share whatever good or bad experiences of hundreds of years that we have >> and uh then maybe that you >> no >> but this crowd management is not going to be uh it can't happen with the conventional ideas.

[00:51:10]>> Yeah. You have to deploy some modern technology and some uh advanced system >> of how to identify the places where the uh the visitors the people can be stalled, stopped and some arrangement for them at different places so that they reaches there in phases because if all of them will reach for dua all of them for so and so puja becomes become absolutely impossible >> cuz unlike tirupati there are about 24 hours Dian this continuous dian will be >> special advantage >> very spacious >> spacious >> spacious >> look at the roads leading to this temple these are absolute narrow alleyways >> correct >> so you'll have 200 people it would be choa block >> and if if on particular occasions there are about one lakh people going and trying to visit there's bound to be a crowd control >> very small temple Warranty was also in same situation.

[00:52:13]>> Don't have sufficient fun but now there is much difference not have sufficient fund but if the state can come forward of course only for the secular activities no particular activities can be to acquire the outside some property develop some the widening of the roads construction of some hospital some uh drinking water facilities some shelter home this kind of uh uh shelters for the It's a very dangerous theme for this.

[00:52:46]These are these are not religious religious activities.

[00:52:51]>> This is this are not the we have the Vashnoi model. We have the Vashnoi model and Kasi Vishnat modelish model that was also very narrow road but now that have been widened my life because it is not there are history of stamp and very fatal accidents having taken place in the past. Innocent people have lost their life.

[00:53:17]>> So it is not something that only to be visualized. It has actually happened in the past and you never know unless those very these lanes are widened and these commercial activities are shifted from the rail.

[00:53:34]Now actually now we have pointed out we have purchased some land about 14 sale deeds have been executed for the time being that money is paid from the temple fund but however I have got instruction the court deems fit state will reimburse that entire amount and state will acquire this land state will purchase huh Even small like if not big hospital >> some medical facilities emergency medical facilities that states should think of a proper fire brigade kind of facility drinking water cage uh proper toilets and uh particularly bathing area for women and proper all these are very extremely important things to be provided >> correct and everything because huge crowd comes they require the basic amenities in the temple waiting room can do >> restroom medical assistance everything will have to be provided see >> I don't you don't think that any bing facilities were are there or I don't ever g >> you have been acquiring the land one by one as of now we have I mean 14 >> 14 sales have been made now but however there's some objection from them for this one acquiring the land from outside from purchasing ultimately we have nothing personal in this matter only to develop the particular the institution lacks of people they come >> without the active involvement or association of the state >> of the state's commitment >> yes >> or the other infrastructural development >> yes >> the crowd management is impossible you have to think of the lane how to reach up to as free uninterrupted up to the main road and near the main road maybe some something else will have to be developed whether it is a like a dhala or any other place where people can wait first go then actually we are contemplating one second actually we are contemplating a master plan for about larger area once master plan is ready prepared and it's ready I think everything can be brought within in the master planet we can develop accordingly in major temples that's how it functions first they prepare the master plan it requires some time for proper study where particular thing has to be. Uh yes I think with your intervention you should use your good opposition and let them prepare the master plan a conceptual plan >> not that we are architect or we are we don't know anything but you can just give a fair idea that how do you really think of uh what kind of developments you can plan >> that is one second meanwhile go for their elected kind of >> uh replace the earlier one take their Third thing the conventional religious practice we are not using that word essential or anything is essential >> whatever is going on use traditional religious practices may be restored but by ensuring that under those traditional ritual practices there is no mal practice of taking the name of donation or SDN amount or >> there should not be any privileged class also. It's also must be stopped from the very beginning otherwise it will create problem that only some VIPs or some those who can donate more money can be allowed. It should be in fact like D you should completely ban nobody will be allowed except those who will perform those ritual and it can be shortcut and also some civic sense need to be learned by these people. They will throw water.

[00:57:29]They will throw flowers. They will upr you have to have the cleanness is extremely important part. You will see all photographs throwing everything. Why it should happen?

[00:57:41]>> Temple should be very >> like this. So those can be restored but timing restricted no one should be allowed. So that rituals go, practices go uh continue but no uh such uh exploitation or undue advantage of >> timing I think depending upon weather can be allowed to be regulated.

[00:58:05]>> Timing is very important my >> may request initially let them suggest their four names. Let them suggest there are four names but later nobody should dispute that >> three the three who are elected I have already put them in the >> no you make it that was earlier one you make this one proper selection and you communicate us we this one include them in this one and instead of all other three we'll replace there's no problem >> Mr. Rajat Gowami is there, Gope Gowami and Himmanu.

[00:58:38]>> Tomorrow there should not be any kind of dispute on those names.

[00:58:40]>> There is no dispute on the names. We united >> taken already taken only three more names. We have >> so say uh on behalf of applicants to petitioners etc. I also heard Shankal Gowami and she MK Gowami learn council for the teachers both together on behalf of the and she additional services of India on behalf of the state of UP and and committee >> a committee the committee constituted by this as well state council Mr. Whether you are presenting whom or to self >> devotey me I am devotey >> devotey devotey say with a view to ensure that these suggestions with respect to the traditional religious practices can be the extent possible without any exploitation of the visitors and or for other day-to-day rituals etc. We have impressed upon uh so we we are recommended that among the two groups of Gowamis namely Tam group let Rajat Gowami and Selindra Gowami Gowami already male member of the committee be nominated and Similarly from Dasak let go swami in the committee.

[01:00:59]Four of them shall give their joint suggestions for improvements and persons or >> the lord put them on the committee.

[01:01:17]put them on the committee.

[01:01:19]>> Uh they will be included in the committee in addition to the person already in the committee.

[01:01:24]>> Yeah, we can replace them. We can replace them for the timing if we will replace otherwise there will be imbalance.

[01:01:31]>> Let all the represent Gowwami representatives including those already nominated at the let all the Gowami representatives submit Mr. otherwise wants to replace correct ma that's what I'm saying yes ma'am >> replace we'll replace one is already there I think same correct >> so three will replace >> we brought in committee in place of the earlier members then say all the four newly included Members of the committee of the board shall give their shall jointly give their suggestions to uh for evolution of the traditional religious practices uh from a religious practices and a further improvement on the day-to-day functioning of the temple. Temple We have no reason to doubt that such position can be given due consideration by the committee constituted by this court by this court. These suggestions may include with respect to the may also include with respect to the timings of the temple different conditions.

[01:03:11]Now as regard to this uh uh factual error in the order that reition you see that English British district magistrate book >> does say that this temple was byas and late some has a history there's no doubt about it >> the book does not mention but when Akbar went there >> uh the story goes like this that when and he was singing for Lord Krishna.

[01:03:42]Then then Akbar said, "I'm very happy with your song and I want to donate something to you as a reward >> website."

[01:03:51]>> Saridas was blind and Akbar had gone along with Tansen in a camouflage manner. Nobody knew that he's Akbar. So he said that I want to give you reward.

[01:04:02]Then Saridas was blind. He said Maharaja if you want to give something I don't need anything. you donate land would be great. So as a blind son he knew that his that is the story also same in fact there is a >> in addition to that my lord there is a factual error in this historically no >> anyway that order one way is that We say the uh uh as regard to second application we respect to the application seeking notifications of various parts we are order and we also order that we First clarified that the Islamic the historical factual observations mentioned in the order have no shall have no effect on the uh with respect to the correct history of the temple and or any intercity dispute between the parties.

[01:05:33]These governments were made only for the purposes of issuing the final directions.

[01:05:40]Three, the order is impairment in nature and shall not be taken as final admitigation of any factual issues.

[01:05:47]Fourth, uh the only relevant part of the order is the uh the penultimate paragraph where composition of the committee and responsibilities addressed to the committee are mentioned. Unless all other observations are templating in it.

[01:06:06]>> I think that takes care of us.

[01:06:07]>> Yes. And the removal that that par is also the one where your lordships excluded us from that earlier civil appeal. uh next paragraph >> I think that's par 24 >> the in view of the fact that a separate order of event date >> we have four student elected representatives of gowami raj and shamshak uh for so and so of the par 19 and 24 apart from your lordship's penultimate par >> that's a final direction 19 >> 24 is correct I'll point out what he said about parallel proceedings kindly have the high court order where are the copies Kindly have a look at these two orders passed by the high court in their predition incidental observations about competence >> competence of the ordinance that has been gone into by the high court. High court made that order. Therefore, I pointed out this court code court says about the ordinances badin-law place it before the court.

[01:07:37]>> Sure.

[01:07:38]>> When the proceedings were going on, please see both the orders.

[01:07:42]See the second order also.

[01:07:44]>> Yes, we have seen >> very serious >> 7725 order then thereafter 217 order.

[01:08:01]Paragraph 24 to 27 deals with >> correct >> and we have state the operation on impact >> but that's not a challenge >> he challenge in this petition >> he pointed out that it was >> have taken note of it Mr. The one what has happened is in that order which is a power under article 2.7 in respect of as you say an election dispute with regard to management the judge observes that how can the state but in state does not have constitutional competence. So we had to because this was >> anyway may I just say that par we have not excluded you >> may I just say par 19 when your lordships have said that the operative direction is in the penultimate par also par 19 because that's when you excluded us from the grip of that earlier supreme court order to modify the order of 15th May passed in civil appeal and restore the legal position status quo and the rights and obligations of the party shall be governed in terms of the judgment >> order of which uh This is Maj Lordship's order of 8th August 25 where you have just mentioned just now that the penultimate paragraph is >> that's the 8th August 25 order.

[01:09:14]>> Do your lordships have it?

[01:09:15]>> Yes sir.

[01:09:16]>> See please see par 19 that's also an operative direction which we want retained.

[01:09:22]>> 19 we therefore deem appro to modify.

[01:09:25]Oh, that's right. That gave us relief 1819 in terms of so we >> that is to be also maintained of the fact that we have permitted this you want parag 19 to be maintained or modified >> to be maintained this parag 19 and your penalty paragraph is maintained it paragraph 19 read with paragraph 2 has to be maintained >> 35 and 26 >> correct 35 and 36 >> 26 24 26 >> 19 24 >> 26 >> 23 24 >> uh up to I think 36. Huh?

[01:10:10]>> Yes.

[01:10:11]>> 36 up to 36.

[01:10:12]>> We'll continue. Okay.

[01:10:15]I think that takes care of the main >> and rest of the issues. If possible one small if possible one small observation let the state can carry out some >> master plan study puja and the >> you mentioned all uh uh traditional religious practices what we have >> all right that the committee >> that will include >> all right >> now your spokespersons are there in the committee >> so it will help us work out >> yes yes yes I I think so. I think grateful it seems to us that for holistic development of the entire area from the state of should also come forward for development of some chillular uh infrastructural facilities in and around the temple campus.

[01:11:12]These facilities may necessarily require expedition planned for the property of widening the road from uh regulating the commercial activities uh in and around the temple >> providing facilities to the devotey >> and to provide basic amenities to the people and that includes the damala uh don't say damsal the hospital resting >> resting investment.

[01:11:46]>> Yes.

[01:11:49]>> Drinking water to restrooms uh uh restaurants especially bathing areas for the women and children etc etc. >> Emergency exit provision. Emergency exit provision.

[01:12:16]Public transport.

[01:12:19]Public transport electric vehicles from uh for the uh electric vehicles for senior citizens for senior citizens and specially aabled persons.

[01:12:34]uh for uh for senior citizens, especially abled persons, women and children or any other such facility which the state may deem it appropriate for society to develop in the area.

[01:12:52]We have therefore interest from the state government as well as the committee uh to prepare the government plan of the entire area and before us consideration >> we request the go to cooperate it is their temple more than that we are only regulating It's >> that included that elected representatives of postman are not owners of >> don't >> I'm saying >> don'tate them sir >> just managers >> managers >> let them become the barriers to access to divinity >> this be called out after the n judgment could the matter be called out now after the >> in August I think yes by that time we go to Yes.

[01:13:56]>> Item 39 already but I will take only 30 second.

[01:14:01]Issue is very important my lord. My one prayer was establish a special MLM court to decide the cases within year. That done my lord. Main pair is