HC pulls up TS for ignoring PCB order on Ganesh immersion

HYDERABAD: The Telangana High Court on Tuesday took the state government to task for not following the directives of Central Pollution Control Board (PCB) in banning idols made of plaster of Paris (PoP) using toxic synthetic colours.

A division bench comprising Acting Chief Justice M.S. Ramchandra Rao and Justice T. Vinod Kumar observed that the government did not seem to be serious in enforcing the rules, and thereby causing pollution in the water bodies during the Ganesha Chaturthi festivities.

The bench was dealing with a contempt case filed by Mamidi Venu Madhav, an advocate, against the GHMC commissioner, the PCB and the Hyderabad police commissioner for not implementing the orders of the High Court in the writ petition filed by him. In his petition, Madhav sought a direction from the court to restrain people from immersing Ganesh idols made of plaster of Paris in Hussainsagar as the lake has already reached the highest level of pollution due to continuous immersion of Ganesh idols.

Reacting to the government’s contention that it was educating people by issuing advisories to only use clay Ganesh idols, Justice  Rao observed that the government and its authorities were bound to enforce the prevailing laws, statutes or rules.

When government counsel tried to explain that all measures to clean up water bodies were taken up immediately after the immersion, the court commented that they were doing it with public money. “You are not interested in implementing the rules, but spending taxpayers’ money. It should be prevented,” the bench said.

Referring to congregations and rallies on the day of  immersion, long queues of vehicles towards Tank Bund from every corner of the city and heavy crowds at Hussainsagar, the court questioned the commissioners of the Hyderabad and surrounding commissionerates why they were not initiating to take steps to divert immersions to various other ponds, apart from Hussainsagar.

The bench also reminded the Bhagyanagar Ganesh Utsav Committee about its responsibilities during the 10-day Ganesha festival and more importantly on the day of visarjan (immersion).

L. Ravichander, senior counsel representing the Ustav Committee, explained the work of his client. But the court was not convinced and did not take his explanation into consideration.

The court faulted the GHMC commissioner and Hyderabad police commissioner for delay in filing their counters. Both of them were directed to apprise the court as to what measures they had taken to restrain devotees from immersing idols in Hussainsagar lake and the security arrangements made by the city police to restrain devotees thronging to Tank Bund.

Justice Ramachandra Rao observed, “The state government seems to be under the impression that this case is not important. It is really very sad to see the conduct of the state. In the light of the Covid-19 pandemic, the state does not think that the PCB guidelines are important. The police commissioner has no time to file his counter affidavit and the GHMC filed the counter today at 10.25 am. If this is the case, when should the court pass its orders as the Ganesh festival commences on September 10 and when can the order of this court be given wide publicity?”  

As the Ganesha festival commences on September 10, the division bench may pronounce its orders in a day or two.