Chennai
Though the government contended that the Madurai bench has already upheld the GO that prohibited public procession and idol immersion, and that any modification of the order may give an impression that organisations have been permitted to go on procession and involve in mass immersion with a larger gathering, a division bench comprising Justice MM Sundresh and Justice R Hemalatha overruled it.
“There is no difficulty in holding that the practice which has been followed for decades… will not have any bearing to either the pandemic situation or law and order,” the bench said. The bench held that it would be done by individuals and not organisations, and hence there was no possibility of the spread of the infection. “The regular restriction on the number of persons also would apply to these cases,” it added.
The court also recorded the submissions by Hindu Munnani and Shiv Sena that they do not wish to undertake any public procession.
The bench added that the decision was arrived at also because of the situation of local artisans who prepared the Vinayaga idols. Their business has already been affected due to the pandemic, and they would be reduced to starvation and penury.
“On this account also, we are of the view that the directions are necessary as they would facilitate the usage of the clay idols manufactured by the local artisans,” the bench added.
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