Supreme Court Issues Notice In Plea Against Bombay High Court Orders Allowing Plaster Of Paris Idol Immersion

The Supreme Court on Monday issued notice on a plea challenging two interim orders of the Bombay High Court dated June 9, 2025, and July 24, 2025 that permitted the use of Plaster of Paris (PoP) for idol manufacture and immersion during religious festivities.

A bench of Chief Justice BR Gavai and Justice K Vinod Chandran on Monday issued notice returnable in 4 weeks.

By its June 9 order, the High Court modified its earlier January 30, 2025 direction that had prohibited PoP, and allowed its use for making idols. The Court, however, said that such idols could not be immersed in natural water bodies without prior leave of the Court.

On July 24, the High Court allowed the Idol Immersion Policy to remain in force until March 2026. The Court further increased the permissible height of such idols from five feet to six feet.

“The impugned orders, if allowed to stand, will not only cause irreparable damage to natural water bodies across Maharashtra but will also set a dangerous precedent undermining the sanctity of environmental guidelines issued by statutory authorities. The impugned orders thus defeat the very object of the Water Act, 1974, violate the precautionary principles, and directly imperil the right to a clean and healthy environment, as guaranteed under Article 21 of the Constitution of India”, the petition states.

It further challenges the State Government's Idol Immersion Policy which allows PoP idols exceeding five feet in height to be immersed in natural water bodies, subject to retrieval by municipal authorities.

The petition, filed through Advocate Srishti Agnihotri, contends that these orders permit the manufacture and immersion of PoP idols in natural water bodies despite a statutory prohibition under the Central Pollution Control Board's (CPCB) Revised Guidelines for Idol Immersion dated May 12, 2020.

The petition contends that the High Court erred in treating the CPCB guidelines as merely advisory rather than binding. It is argued that the guidelines were issued under Section 16 of the Water (Prevention and Control of Pollution) Act, 1974, and have been consistently upheld by the National Green Tribunal, various High Courts, and the Supreme Court as mandatory.

The petition submits that the High Court relied on an oral statement from CPCB representatives suggesting a change in stance on the binding nature of the guidelines, without requiring a formal affidavit or amendment of the guidelines.

The petition argues that the Idol Immersion Policy is impractical, environmentally harmful, and contrary to the Precautionary Principle. It asserts that the impugned orders threaten to cause irreparable environmental damage and seeks a stay of the orders till the pendency of the petition.

Case no. – SLP(C) No. 23621-23622/2025

Case Title – Rohit Manohar Joshi v. State of Maharashtra & Ors