The Supreme Court, on Monday, upheld a Madras High Court division bench order that had imposed a ban on the sale of Lord Ganesh idols crafted from plaster of paris (PoP). Chief Justice of India (CJI) DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, stated that petitioners could have opted for using natural clay or other materials that can be immersed in water instead of PoP idols.
CJI Chandrachud remarked, "The appellate order is interim in nature. What is the use of selling idols which cannot be immersed...You could have used natural clay etc. Sorry. Dismissed."
The Supreme Court was addressing an appeal against an order issued by a Madras High Court division bench on Sunday, which had stayed a single-judge order permitting the sale of PoP idols before the conclusion of Ganesh Chaturthi festivities.
Justice GR Swaminathan had ruled on Saturday that while the sale of PoP Vinayaka idols couldn't be restricted, limitations could be placed on their immersion in water bodies. The single-judge had instructed shopkeepers to maintain a register with customer details for potential inspections by authorities.
However, on the following day, a bench comprising Justices SS Sundar and Bharatha Chakravarthy suspended the aforementioned order, citing guidelines from the Central Pollution Control Board. The bench also rejected arguments that idol vendors would face financial hardships if PoP idol sales were prohibited, noting that only one day of the ongoing festival remained.
Senior Advocate Shyam Divan represented an artisan challenging the division bench order in the apex court today. Divan suggested that facilities could be established for the immersion of PoP idols in artificial water bodies or specialized tanks. He further pointed out that numerous unsold idols remained, with the festival's conclusion approaching tomorrow.
Nonetheless, the Court dismissed his contentions and the plea.
TAGS: Supreme Court Madras High Court Ganesh Chaturthi plaster of paris idols ban immersion natural clay petitioners division bench single-judge order Central Pollution Control Board idol sellers financial hardships Senior Advocate Shyam Divan artisan facilities artificial water bodies specialized tanks festival appeal guidelines pollution environmental concerns.
