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UP pulled up for hijacking private dispute in temple case

A bench comprising Justices B V Nagarathna and Satish Chandra Sharma said that if the state government starts entering into a private dispute between parties, it will result in breakdown of rule of law.

Suchitra Kalyan Mohanty

NEW DELHI: The Supreme Court on Tuesday pulled up the Uttar Pradesh government for “hijacking” the litigation between two private parties over management of the Shri Banke Bihari temple in Vrindavan.

A bench comprising Justices B V Nagarathna and Satish Chandra Sharma said that if the state government starts entering into a private dispute between parties, it will result in breakdown of rule of law.

“Was a state a party to the proceedings? In what capacity has the state entered the dispute? If states start entering into a private dispute between parties, it will breakdown of rule of law. You can’t hijack the litigation. In a private litigation between two parties, state filing an impleadment application and hijacking it is not permissible,” it observed.

The SC was hearing a plea filed by a petitioner, Devendra Nath Gooswami, seeking the modification of its order approving the UP government’s proposed redevelopment scheme for the Banke Bihari temple in Mathura.

Senior advocate Kapil Sibal, appearing for the petitioner, submitted: “How can you in another petition direct that earning of a private temple be handed over to the state?”

The counsel appearing for the UP government informed the apex court that the state has formed a trust to manage the Banke Bihari temple and oversee work on the proposed corridor.

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