The Bombay High Court has criticised politicians for targeting actor Dia Mirza over a video urging people not to burst firecrackers on public streets ahead of Diwali, observing that participation in festivals cannot be restricted on religious grounds.
A Division Bench of Justice Girish Kulkarni and Justice Dr Neela Gokhale said it was “disturbed by the stray comments made by some politicians” and reminded them that “India is a Secular country”.
“A festival is for everyone to celebrate... No individual can be isolated from celebrating any festival in this country... how can you object to someone's participation just because that person is from some other religion? Aren't we a secular country,” the Bench orally remarked.
The court also directed the Brihanmumbai Municipal Corporation (BMC) to re-upload Mirza's video, which had been removed from its social media handle after objections from BJP leaders, who described the actor as “anti-Hindu”. The judges said the civic body should restore public confidence and avoid reacting hastily to criticism.
Court says controversy should not be given a communal angle
Justice Kulkarni said the politicians had made their remarks without considering the court's earlier order, which allowed everyone to participate in the public awareness campaign. He described Mirza's message on air pollution as “really good” and said it had been delivered in accordance with the court's directions. The objections that followed, he added, were “really unfortunate”.
Referring to the Supreme Court's observation that Diwali is celebrated by people irrespective of caste or religion, the Bench questioned why Mirza's participation in the campaign had been opposed on religious grounds.
“She acted as per the directions of the court,” the judges said, adding that the approach adopted by some corporators and politicians was inappropriate and that they should not give the issue “any other angle”.
Justice Gokhale stressed that the matter was entirely about the environment and public health. “Everyone is breathing the same air, be it anyone,” she observed, adding that restrictions on firecrackers did not take away anyone's right to celebrate Diwali.
The Bench said there was no need for a “knee-jerk reaction” from the civic body and that the objections reflected the views of only a few people. It urged public representatives to avoid comments that could create divisions over an issue concerning pollution and the health of all citizens.
“When we are speaking about health and pollution and environment... there is no room for factionalism,” the court said.
The judges further observed that the controversy should conclude “on a happy note and in a sense of belongingness”, particularly in Mumbai, a city that “survives on togetherness and strong feeling of belongingness”.
“This balance ought not to be disturbed by any loose comment,” the Bench said.
Video removed after BJP leaders object
The controversy erupted after the BMC included Mirza in its campaign urging citizens to celebrate an environment-friendly Diwali and avoid firecrackers in public spaces. The initiative followed the Bombay High Court's directions on preventing firecracker use in public areas and encouraging awareness about air and noise pollution.
The civic body had also featured other public figures, including actors Madhuri Dixit and Nishigandha Wad and cricketer Ajinkya Rahane, in its campaign. Their videos remained on the BMC's social media platforms after Mirza's clip was removed.
Mumbai BJP president Ameet Satam objected to Mirza's participation in a post on X, saying citizens did not need lessons from the actor on how to celebrate Diwali and that their traditions were deeply rooted in their culture.
Mumbai Mayor Ritu Tawde also criticised the actor, calling her “anti-Hindu” and questioning the decision to include her in the campaign. The BMC subsequently removed Mirza's video from its social media handles.
The court, however, said the BMC commissioner had been right in selecting celebrities to spread awareness about pollution and that the civic body's decision to take down the video following the objections was unfortunate. It directed the corporation to restore the clip and rebuild public confidence in the awareness initiative.