Dia Mirza's Diwali video removal unfortunate, contrary to secular spirit: Bombay high court

“Some stray thought of one or two people” had sparked a controversy but giving “colour to her message is very unfortunate”, the bench said.

The removal of actor Dia Mirza’s video for the Brihanmumbai Municipal Corporation (BMC)'s eco-friendly Diwali campaign was “very unfortunate” and contrary to the “secular spirit” of the country, the Bombay high court said on Tuesday.

Actor Dia Mirza.

A division bench of justices GS Kulkarni and Dr Neela Gokhale said no person can be isolated from celebrating a festival and measures for environmental protection must not be given a “communal colour”. “Some stray thought of one or two people” had sparked a controversy but giving “colour to her message is very unfortunate”, it added.

The court’s remarks came amid a massive row in the state, after the civic body selectively removed the actor’s clip from social media following objections from a Bharatiya Janata Party (BJP) leader and mayor Ritu Tawde's comments labelling her as "anti-Hindu". Mirza, however, said efforts to reduce air pollution should be welcomed as it is a matter of public health.

“What’s been reported yesterday is very unfortunate. We are deeply pained, especially when it concerns the order passed by the court. There’s no question of any knee jerk reaction. We, the people, are concerned. This means everyone of everyone from any caste, creed, or religion, who can bring this sensitisation to the society. Why is this person picked up for raising awareness, is of great displeasure for us. This is possibly not very acceptable”, the bench said.

The BMC had appealed to citizens to avoid bursting firecrackers and celebrate an environment-friendly Diwali following a high court directive amid rising air pollution in the city. As part of the campaign, the civic body roped in several celebrities, including Mirza.

The video, however, was pulled down on Sunday, within hours of BJP’s Mumbai chief Ashwini Bhide remarks that “we do not need lessons on how to celebrate Diwali” from Mirza. On Monday, mayor Ritu Tawde labelled the actor “anti-Hindu”. Tawde also alleged Mirza always sided with divisive forces, and had trolled Prime Minister Narendra Modi on the NEET exam issue. "She has always been anti-Hindu. We have blacklisted her," she said.

The court said the municipal commissioner had acted in the “proper spirit of constitutionalism” and that there was no need to take the video down from social media platforms. “The incident is contrary to the court’s observation. How do you object to a person from participating in the awareness campaign? Are we not a secular country? This is very unfortunate. You don’t have any actual thoughts, you go on to say anything,” it remarked.

The bench further observed that Mirza’s video “rendered a very good message to the society”. “People are discouraging citizens from obeying the court’s orders and giving it something different. She had rendered a very good message in terms of pollution. There was nothing bad in it. But to give a colour to her message is very unfortunate. Where are we going with this? It shouldn’t have been taken down. Put it back again and restore the confidence of the society. This is just some stray thought of one or two people, which sparked the situation. We have all praises for the commissioner for what she has done,” it said.

The bench said it respects every individual, who is taking out their time to spread awareness in compliance with the court’s order on an eco-friendly Diwali. “When we are talking about pollution, health, etc., there is no scope for such thoughts, which would spark some kind of factionalism or individualism. It’s community spirit and individualism that’s important,” it said.

“We are clear that everyone is free to participate. This is not correct. Everyone ought to respect that. Please tell the municipal commissioner that she was absolutely right and she has acted as per the court’s order. If the celebration and the authorities are working to protect public health, what’s wrong with that? We have utmost appreciation for the celebrities who are coming up to assist and devote their time in spreading such awareness,” it added.

Meanwhile, Maharashtra chief minister Devendra Fadnavis on Tuesday dismissed the controversy as a “small issue”. “I don't think the high court has passed any strictures against us. It is an issue between those handling the social media handle,” he said.

The BMC's removal of the video had invited the ire of the Opposition, while the ruling BJP slammed the selective targeting of Hindu festivals.

Shiv Sena (UBT) leader Aaditya Thackeray slammed the BMC for removing the video. "Show me one city in India, in the lost decade of India- run by BJP, that has progressed. Fact is: they can't run any government at any level, thus they try to make it into a regime!” he said.

Mumbai Congress president Varsha Gaikwad accused the BJP of deliberately creating tensions and politicising the issue. "I think Dia Mirza made a video about Diwali in Mumbai, showing how people celebrate it with joy, love, and affection. Like her, many other celebrities made similar videos. It's the BJP's habit to deliberately create caste tensions," Gaikwad said.

BJP minister Nitesh Rane, however, alleged Hindu festivals were being selectively targeted in the name of environmental protection. "Dia Mirza tweeted about Diwali, but she never tweets or offers such advice during Eid, Muharram or Bakri Eid,” he said.

Union minister Ramdas Athawale said individuals should refrain from making comments that target religious traditions.

Reacting to the criticisms, Mirza said in a post on social media: "Koi paise nahi liye hain. Bhalai ka zamana hee nahi raha (I did not charge any fee for the Diwali campaign. There is no goodness left in this era).

She also asked why anyone should object to a public awareness message. “Why should anyone be critical of a video that the Honourable Bombay High Court and BMC have made me record in the public interest? Air Pollution is an area of concern, and all efforts to reduce pollution should be welcomed because it's a matter of public health,” she told ANI later.

The high court had earlier ordered a complete ban on bursting firecrackers on streets across Maharashtra throughout the year.