Prerna Gala
Published on: September 9, 2022 at 18:48 IST
On Thursday, the Bombay High Court ordered the Maharashtra government’s forest department to make sure that no Ganesh idols are immersed in water features located inside Sanjay Gandhi National Park (SGNP) during Ganesh Chaturthi.
The freedom to take necessary action against anyone who disobeys state directives regarding the immersion of idols was allowed by a bench of Justices PB Varale and SM Modak.
“We direct that the forest dept of state govt shall take all appropriate steps to prevent any activity to enter in the national park for immersion of idols and if any such attempt is made to breach any provisions of law by flouting circulars issued by the State, then the forest authorities are at liberty to take appropriate steps,” the Court directed.
The Bench ordered an urgent hearing in a public interest lawsuit that asked for an order prohibiting people from submerging Ganesh idols in water features inside the SGNP.
After reading news reports regarding banners put up by former corporators that claimed permission for immersions in the water body within the national park had been granted, the petitioner petitioned the Court.
They asserted that a simple reading of this news item would lead the average person to believe that the forest officials have given permission for idols to be immersed in water features inside the SGNP.
The judges stated during the hearing that the news report and the banner described in it seemed to indicate that authorization had been granted.
“If you are saying that there is no permission, and someone has on his own said this, then you make a statement that there is no permission. The news article shows there is permission.”
“What is an ordinary man supposed to know? That is a straight Indication that permission was sought and it was granted for idol immersions in national park,” Justice Varale quipped.
Purnima Kantharia, a state attorney, pointed out that the authorities of the forest department are sufficiently watchful to stop any activity that endangers the ecosystem and wildlife.
The court also reviewed emails from the state government authorizing the forest department to build a man-made pond close to the national park’s entrance gate and take all reasonable precautions to abide by Maharashtra government directives.
The court decided not to consider the petition about the apprehension of news items in light of the communications.
The Bench noted, however, that there might be many individuals coming for idol immersion because of the uncertainty the banner had produced.
Consequently, the State was allowed to deploy greater resources to prevent harm to animals.
“In case, if any attempt is made to mislead public at large, by making certain untrue statements, the state govt shall also take appropriate steps to prevent such mischief, by taking recourse to provisions of law”, the Bench added.
