SMT. ABHILASHA KUMARI, J. Rule. Mr. Rashesh Rindani, learned Assistant Government Pleader, waives service of notice of Rule on behalf of respondent Nos. 1, 2 and 4, Mr. Kaushal D. Pandya, learned Advocate, waives service of notice of Rule on behalf of respondent No.3, and Mr. Sunil L. Mehta, learned Advocate, waives service of notice of Rule on behalf of respondent No.5. On the facts and in the circumstances of the case, and with the consent of the learned Advocates for the respective parties, the petition is being finally heard and decided.

2. The challenge in this petition preferred under Art. 226 of the Constitution of India, is to the Notification dated 16-7-2011, issued by the Commissioner of Police, Surat City, under the provisions of Sec. 144 of the Code of Criminal Procedure, 1973, ("the Code" for short).

3. The brief factual background leading to the filing of the petition is as follows :

3.1. The petitioners are artisans, engaged in the business of making idols of Hindu Gods and Goddesses in the City of Surat. These idols are made of clay, or Plaster of Paris. After manufacture, the said idols are sold in the market and are purchased by the public for worship during festivals, such a Ganesh Chaturthi, after which they are ceremonially immersed in the river Tapi. According to the petitioners, Plaster of Paris is a natural product, and while preparing the idols, no chemicals or toxic colours are used. The Commissioner of Police, Surat City (respondent No.2), issued a Notification dated 21-5-2011, under the provisions of Sec. 144 of the Code, prohibiting the use of Plaster of Paris in making the idols and banning the use of toxic colours for painting them. The Notification contained certain other prohibitions, such as, the height of the idol should not exceed 9 Ft., etc. This Notification was made effective from 21-5-2011 to 20-7-2011. During the pendency of the petition, the period of validity of the said Notification has come to an end, therefore, respondent No.2 issued another, identically worded Notification, dated 16-7-2011, with effect from 21-7-2011, valid upto 18-9-2011. The petitioners were permitted to amend the petition, in order to include a challenge to this Notification which has been done. The Notification dated 16-7-2011, is under challenge in the present petition.

4. Mr. B. C. Dave, learned Advocate for the petitioners has made several submissions, the gist of which is as under :

(a) The petitioners are engaged in the preparation of idols of Hindu Gods and Goddesses which are sold in the open market. No chemicals are being used by the petitioners in preparation of the idols and no toxic colours are used for painting them. Plaster of Paris, which is the material used for making the idols, is a natural product, and no chemicals are being mixed with it.

(b) The petitioners have no role to play, insofar as immersion of the idols during religious festivals is concerned. It is the duty of the local authorities such as the respondent-Municipal Corporation, to ensure that immersion of the idols does not cause pollution of the river and other environmental hazards.

(c) There is no justification in the issuance of the impugned Notification by respondent No.2, especially in the absence of any material with regard to the adverse effect upon public health and hygiene. The Notification has been issued without basis. There is no material on record to show that an emergent situation existed, justifying the exercise of power under Sec. 144 of the Code.

(d) The power under Sec. 144 of the Code can be used only in urgent situations. No such urgent situation existed, in the present case. There is no material on record to show that an urgent situation existed, warranting a conclusion by respondent No.2 that the use of Plaster of Paris in preparation of the idols, and immersion thereof, is causing imminent danger to public health and hygiene. It is not so stated in the impugned Notification, therefore, respondent No.2 has ex