Bombay HC invokes secular spirit, slams 'petty mindset', says restore Dia Mirza clip

Mumbai: Expressing "deep pain and displeasure" over political objections to actor Dia Mirza's video for an eco-friendly Diwali campaign, the Bombay High Court on Tuesday directed the BMC to re-upload the deleted clip, reminding the public that the Constitution expects all citizens to foster a secular spirit.

Taking suo motu note of the issue, a bench of Justices Girish Kulkarni and Neela Gokhale said it was anguished by the "petty mindset" of certain people, particularly those who are representatives of the common man.

The court observed that it was "most unfortunate" that such a colour was given to a video made to spread awareness about the environment and pollution, emphasising that no person can question why a certain celebrity was chosen by the authorities.


The development came a day after Mirza's video sparked a political row, leading the Brihanmumbai Municipal Corporation (BMC) to selectively remove her clip from social media following Mumbai BJP chief Ameet Satam's objection and mayor Ritu Tawde's comments labelling her "anti-Hindu".

While her clip urging people to avoid noise and air pollution was pulled, campaign videos featuring actors Madhuri Dixit and Nishigandha Wad, as well as cricketer Ajinkya Rahane, remained on the BMC's X and Instagram handles.

Delivering a sharp rebuke, the bench noted that the BMC commissioner was absolutely correct in the selection of celebrities and directed the civic body to restore the deleted clip.

"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, adding that a city like Mumbai survives on togetherness and a strong feeling of belonging, which ought not to 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.

Justice Gokhale also came down hard on the mayor during a hearing on a separate matter pertaining to air pollution, stating, "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."

Reminding the public that the civic body roped in celebrities pursuant to court directives prohibiting the bursting of firecrackers on public roads throughout the year, the judges clarified in the matter pertaining to the campaign featuring Mirza that the orders do not pertain to any specific 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.

"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," the court added, stressing that any human being can canvass about the environment and community spirit must be nurtured.

"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 remarked.

"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 originated on Monday after BJP leader Ameet Satam linked the appeal against firecrackers to the "tukde tukde gang" and alleged that anti-India forces were attempting to dictate how Hindus 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, alleging that certain celebrities had joined hands with forces opposed to India.

Satam also questioned the BMC administration, led by municipal commissioner Ashwini Bhide, for executing the initiative without consulting political representatives, following which the civic body removed the actor's video.

Meanwhile, Maharashtra Chief Minister Devendra Fadnavis on Tuesday dismissed the controversy as a "small issue", stating that 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?" Fadnavis told reporters in Pune.

Commenting on the clip's deletion, Fadnavis maintained it was within the civic authority's rights. "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.