The Bombay High Court on Tuesday took strong exception to the controversy surrounding the the eco-friendly Diwali campaign and pulled up political leaders for targeting actor Dia Mirza and giving a communal colour to a video featuring her as part of the Bombay Municipal Corporation's (BMC) crackerless Diwali campaign [In re: Noise and Environmental Pollution]

A division  bench of Justices Girish Kulkarni and Neela Gokhale today took exception to the deletion of the video by BMC and and expressed deep displeasure over the political pushback. 

“What has been reported yesterday is most unfortunate to say the least. There could not have been any other colour which could be given and more particularly when there are directions of the courts,” the bench stated.

Therefore, it proceeded to direct BMC to re-upload the deleted video.

The Court was hearing a suo motu public interest litigation concerning festive noise and air pollution. 

The Brihanmumbai Municipal Corporation (BMC) had engaged prominent personalities including Bollywood actor Dia Mirza to record pro bono messages urging citizens to celebrate Diwali with lights rather than noise.

This was after the High Court suggested the civic authorities to engage celebrities for social awareness.  

Certain political leaders subsequently objected to Mirza’s clip on social media, labelling the campaign anti-Hindu.

In response, the civic body deleted Mirza’s video while retaining clips of other celebrities.

The bench today censured the hostility directed at Mirza for supporting a civic cause. 

“When we pass the order, does it have any qualification that X person would not be eligible to canvas? Somebody is voluntarily coming forward and who has been always associated with social causes, you are going to reprimand that person. And with all this petty-mindedness, we don't approve of this,” the judges observed. 

The judges today emphasised that its anti-pollution directives remain effective throughout the year and not just for Diwali.

“Our order is throughout all 365 days. This environment issue should not be hijacked by giving any other colour to this. It is purely an environment issue. Anybody, whoever breathes in the city or in the country, is breathing the same air,” the court remarked. 

The bench also cited a Supreme Court order which had emphasised that the festival of Diwali was a national festival. 

“Over the centuries, it has partaken the character of national festivals. The festival is celebrated by people regardless of their caste, community and religion. Now, when these kinds of unfortunate comments are made, the observations of the Supreme Court are being completely overlooked. Are we not a secular country? Most unfortunate,” the judges said. 

In light of the above, the Court advised civic authorities to reinstate the deleted clip. 

“Please put it again and restore the confidence of the people in the Constitution. And the society. This balance ought not to be ever disturbed by any loose comments," the judges said. 

The Court reiterated that firecrackers remain strictly barred on public roads, restricting green crackers to private premises during designated hours.