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CHENNAI, INDIA, September 17, 2004: The Madras High Court today ruled out a ban on Vinayaka Chaturthi processions and dismissed apprehensions of law and order problems as “doubts based on surmises.” Passing orders on a public interest litigation petition seeking to bar the manufacture of large-sized idols using plaster-of-paris coated with chemical-based paints, a Division Bench comprising Justice N. Dhinakar and Justice F.M. Ibrahim Kalifulla said, “on going through decisions taken by the Tamil Nadu Pollution Control Board, we are fully satisfied that adequate safety measures have been taken to prevent any damage to ecological systems in the State.”



Declining to give any directions to the police on the maintenance of law and order during the processions, the Bench said, “law enforcing agencies, who will accompany the processionists, will take control of the situation and enforce law and order.” The judges, taking into consideration the measures taken by the TNPCB and the police authorities, said, “we feel that there cannot be any ban on processions, and there is no ban on idols made of pure clay. There is no ban on taking processions, for which the authorities will give adequate protection to ensure that no unlawful incident happens.” They allowed immersion of icons at designated places, 500 meters from the seashore as suggested by the TNPCB. The State Government should announce the designated places well in advance for the organizers to plan their rallies better.



The Bench also recorded the submissions of the TNPCB counsel, Rita Chandrasekar, that an expert committee meeting convened by the Board had decided that icons must be made of only traditional clay and a public appeal had already been issued through the media. People have been asked to desist from using chemical-based dyes. Men and machines from the Coast Guard and the Home Guards have been asked to help immerse icons in the sea. At each designated site, a monitoring committee of volunteers from the police, non-governmental organizations and religious fora will supervise the operation.

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