HC asks twin-city Police Commissioner to tender fresh apology

While adjudicating over a batch of writ petitions challenging the idol-height restriction of four feet imposed by the state government, the High Court on September 16 had asked the local police administration to allow the puja pandals of Cuttack city which have already constructed clay idols of deities taller than the stipulated height to go ahead. But the police commissioner on September 17 issued an order asking those puja committees, who have already constructed the idols, to change the height of the idols to the stipulated height of four feet.

Expressing displeasure over the tenor of the language used by Cuttack-Bhubaneswar Police Commissioner in interpreting an order of the Orissa High Court on the size of the clay idols for the ensuing Durga puja, a Division Bench headed by Chief Justice Mohammad Rafiq has termed the police commissioners conduct as "overreaching". The Bench also did not accept an unconditional apology tendered by police commissioner Sudhansu Sarangi in this matter but nevertheless, refrained from taking any action against him when Advocate General Ashok Parija sought some more time to file a fresh affidavit of the commissioner of police in this regard.

"Learned Advocate General has submitted before this Court an affidavit dated 30.09.2020 filed by the Commissioner of Police tendering apology, but in view of what is stated in paragraph-3 of the same (it) cannot be termed unconditional", said an order passed by the Bench on Wednesday and posted the matter to be taken up again on October 10. While adjudicating over a batch of writ petitions challenging the idol-height restriction of four feet imposed by the state government, the High Court on September 16 had asked the local police administration to allow the puja pandals of Cuttack city which have already constructed clay idols of deities taller than the stipulated height to go ahead.

But the police commissioner on September 17 issued an order asking those puja committees, who have already constructed the idols, to change the height of the idols to the stipulated height of four feet. The police commissioner also mentioned in that order that the police have consulted with priests and idol-makers, who were of the opinion that the height of the clay idols could be changed until they have not been invoked at the pandals.

Challenging this order of the police commissioner, the petitioners again approached the High Court for a review of its September 16 order and also filed contempt petitions against the police commissioner for "erroneously" interpreting and "unlawfully" implementing the order of the High Court..