Bombay High Court orders BMC to restore Dia Mirza's green Diwali video

The Bombay High Court directed the BMC to restore Dia Mirza's anti-pollution Diwali video. The bench said political objections must not undermine secular environmental awareness.

In Short

• BMC removed the clip after objections from Mumbai BJP leaders
• Judges condemned the controversy as a petty and knee-jerk reaction
• Other celebrity campaign videos remained available on civic social media accounts

The Bombay High Court on Tuesday directed the Brihanmumbai Municipal Corporation to restore actor Dia Mirza's video for an environment-friendly Diwali campaign after it was removed following political objections, news agency Press Trust of India reported.

Expressing "deep pain and displeasure" over the controversy, the court said the Constitution expects citizens to foster a secular spirit and stressed that the campaign sought to raise awareness about air and noise pollution.

A bench of Justices Girish Kulkarni and Neela Gokhale took up the issue on its own and said it was anguished by the "petty mindset" of some people, particularly elected representatives. It said it was "most unfortunate" that a political colour had been given to an environmental awareness video and that no one could question the authorities' choice of a celebrity for the campaign.

The court's intervention came a day after Mirza's video sparked a political row. The BMC removed the clip from its social media accounts following objections from Mumbai BJP chief Ameet Satam and comments by mayor Ritu Tawde, who called Mirza "anti-Hindu".

Mirza's video urged people to avoid causing air and noise pollution. While her clip was removed, campaign videos featuring actors Madhuri Dixit and Nishigandha Wad and cricketer Ajinkya Rahane remained on the BMC's X and Instagram accounts.

The bench said the BMC commissioner was "absolutely correct" in selecting the celebrities and directed the civic body to restore Mirza's video. "There has to be a secular spirit, and the Constitution expects citizens to foster the same. If the clip was taken off, then it would be ideal that the same should be re-uploaded," the court said.

The judges added that Mumbai survives on togetherness and a strong sense of belonging, which should not be disturbed by "loose comments". "We have not seen any politician or any person who made remarks yesterday put up videos spreading awareness. We are a secular country. We are really hurt by this. The issue pertains to the environment and every person, irrespective of their religion and caste, is breathing the same air," the bench said, according to PTI.

During a hearing in a separate case concerning air pollution, Justice Gokhale criticised the mayor's remarks. "What does the mayor do for this city? Look at her comments yesterday. Show us one corporator who has spoken for the environment and against air and noise pollution," she said.

The judges said the civic body had engaged celebrities following court directions prohibiting the bursting of firecrackers on public roads throughout the year. They clarified that the directions were not linked to any particular festival.

"Firecrackers are burst at all times like during marriages, processions, election victories and after cricket matches. Our order concerns all 365 days. The paramount consideration is the environment and control of air and noise pollution," the bench said.

The court described the removal of the video as an unwarranted, immediate reaction. "What happened yesterday is most unfortunate, to say the least. We are deeply pained by what has happened. Such a knee-jerk reaction was unwarranted. The message spread in the video was for the good of all persons irrespective of their religion and caste," it said, adding that anyone could campaign for environmental protection and that community spirit should be encouraged.

"We need to nurture a sense of goodwill and togetherness and a strong sense of belonging to the society when it comes to issues pertaining to the environment. What is this petty mindset? We don't approve of this. Someone comes forward, and then this person is reprimanded," the judges said.

They added: "We are deeply pained and express our displeasure. Why is a different colour being given to all this unnecessarily? We have the highest respect for everyone, but we are not pleased at all with what happened yesterday."

The controversy began on Monday after Satam linked the appeal against firecrackers to the "tukde tukde gang" and alleged that forces opposed to India were trying to dictate how Hindus should celebrate festivals.

"Diwali has been celebrated for the last 5,000 years and will continue to be celebrated for thousands of years. We do not need to learn how to celebrate it from anyone. Members of the 'tukde tukde' gang and anti-India forces should not teach us how to celebrate Diwali," Satam said. He also alleged that some celebrities had joined hands with forces opposed to India.

Satam questioned the BMC administration, led by municipal commissioner Ashwini Bhide, for carrying out the initiative without consulting political representatives. The civic body subsequently removed Mirza's video.

Maharashtra Chief Minister Devendra Fadnavis on Tuesday called the controversy a "small issue" and said the high court had not reprimanded the civic body. "I don't think the high court has reprimanded the Mumbai Municipal Corporation. It might have expressed some opinion, because the case itself had not gone to the high court. So, where is the question of reprimanding it?" he told reporters in Pune, according to PTI.

On the deletion of the clip, Fadnavis said the civic body had the right to decide what remained on its social media accounts. "Yes, it was deleted. It is the Mumbai Municipal Corporation's wish. While operating its social media handle, the person who owns it decides what to retain and what to remove. They have done that," he said.

"Dia Mirza may be a good actress, but she is not a very big leader of India. Therefore, I feel this is not an issue of my level. Ask me questions on issues of my level," the chief minister added.

The high court ultimately ordered the BMC to restore Mirza's video, reiterating that the campaign concerned environmental protection throughout the year and that its message applied to everyone, irrespective of religion or caste.

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