Hyderabad: The Telangana High Court on Monday, refusing to grant interim direction in favour of artisans creating Plaster of Paris (PoP) Ganesha idols, voiced concern over civic authorities and state government turning a near-blind eye to its order against immersion of PoP idols in Hussainsagar.
The bench of Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar was dealing with a writ petition filed by the Telangana Ganesh Murti Kalakaar Welfare Association, challenging the pollution control board’s blanket ban on PoP idols.
The long-pending legal issue came to a head last year when the High Court permitted the conditional immersion of PoP idols, in what it called ‘a last chance’. The state government also gave an undertaking to the Supreme Court that it would strictly comply with the ban on the immersion of PoP idols in Hussainsagar.
However, the High Court bench on Monday voiced concern at how the government may be in connivance in not ensuring compliance with the order.
Advocate General (AG) B.S. Prasad, appearing for the state government, assured the court that the government is bound and will be bound by the earlier directions.
Chief Justice Alok Aradhe pointed out that there were huge cranes on site, suggesting the possibility of preparation to immerse PoP idols. The AG clarified that there were ponds to the sides of the Hussainsagar where there was permission for immersion and that the government was taking all necessary steps to ensure that there would be no violation of the court order.
In the hearing, the court also lamented the failure on the part of the government to clear the garbage under the directions of the court. Harender Prasad, a special government pleader, informed the court that the task of clearing the tank of the garbage associated with the immersion was the function of the GHMC.
In its interim order, the bench rejected the plea of the writ petitioners that they enjoyed a fundamental right to manufacture PoP Ganesha idols, referring to similar prohibitions surviving judicial scrutiny in other high courts. It observed that prima facie, it appears from the law laid down by the Supreme Court that petitioners had no fundamental right to manufacture PoP idols.
