The court struck down the Surat police commissioner’s notification restraining artisans from manufacturing plaster of paris idols.
Providing relief to Ganesh idol makers ahead of the Ganesh festival next month, the Gujarat high court struck down Surat police commissioner’s notification issued under section 144 of the Criminal Procedure Code (CrPC) that prohibited manufacturing of the Ganesh idol with clay and Plaster of Paris (PoP).
Justice Abhilasha Kumari, on Thursday, upheld arguments of BC Dave, counsel for Ganesh idol makers, that the notification under section 144 can only be implemented in situation of emergency, which is not the case in the present situation. Moreover, the Central Pollution Control Board (CPCB) has laid down many norms and provisions for controlling pollution.
Delivering the order, justice Kumari observed, “The notification does not state that the police commissioner has formed an opinion that there are sufficient grounds for exercise of power under Section 144 that use of Plaster of Paris in preparation of idols of Gods and Goddesses and their immersion in rivers and other water bodies has resulted in imminent danger to human life, health and safety.”
The judge said the correct approach would be for local bodies and authorities and the state government to undertake a proper study in order to identify the substances and materials that cause pollution, such as toxic paints and prevent them from reaching artisans from the source.
The court further added that the guidelines issued by the Central Pollution Control Board, if implemented strictly by the concerned authorities, would have lasting effect and would go a long way in containing and eradicating the problem of pollution of water bodies and the environment.
“Pollution is a permanent problem that cannot be dealt with by resorting to temporary solutions, such as exercise of a notification under Section 144 of the Code,” the court said.
The Surat police chief, on May 21, issued notification under section 144 of CrPC, restraining local idol-makers from manufacturing idols of Ganesh and other Gods and Goddesses using clay and Plaster of Paris (PoP). Local idol makers Mohan Khandekar and others had challenged the notification.
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