Is India not secular? Re-upload Diwali video: Bombay High Court on Dia Mirza clip

Stating it was “disturbed” by the deletion of a video featuring actor Dia Mirza for a pollution-free Diwali campaign following objections by some political leaders, the Bombay High Court, while underlining the secular credentials of the country, on Tuesday asked the Brihanmumbai Municipal Corporation to restore the clip.

Hearing suo motu PIL on festival noise and air pollution, the bench of Justice Girish S Kulkarni and Justice Neela K Gokhale expressed its displeasure over the BMC pulling down the video after Mayor Ritu Tawde and BJP Mumbai chief Ameet Satam objected to Mirza’s inclusion.

Calling it “unfortunate” that the issue had been given a “different colour”, the bench said it would be “ideal” if the campaign content is put up again to “restore confidence of people in the Constitution”, noting that the city of Mumbai survives on the feeling of “togetherness” and “the balance ought not to be disturbed by any loose comments”.

"We would desire that in the event any goodwill message of any celebrity was taken off from the corporation's social media, it would be ideal if the same is put back, in the spirit of what the Supreme Court has observed that the festival is for everyone to celebrate and no person can be isolated from any festival being celebrated in the country," the bench noted.

It added, "We are leaving it to you (BMC), so whatever best practices you can do," Asking “whether India was not a secular country”, the bench said “solidarity” and “community spirit” were “important” and these were “lacking” in Monday’s incident.

“We do not approve of reprimanding a person with petty-mindedness,” it said. “We are disturbed with the comments made by certain persons in regard to celebrities who had participated and assisted in the public cause, being now taken up by BMC, of creating awareness of ill-effects of bursting firecrackers… In our opinion, BMC, MPCB and police authorities took very effective steps to involve the celebrities, and each one of them, in a most dignified way, while encouraging celebrations of the festival, have given this message to nurture a sense of goodwill, togetherness and a strong feeling of belonging to the society,” it said.

It commended BMC Commissioner Ashwini Bhide for effective steps of involving “correct” celebrities for the campaign. “We certainly believe that when, with such solemnity, such a task, and as directed by the court, was being undertaken, there was no room for any factionalism or individualism… pollution would affect all sections of the society,” it said.

“There is no scope for any knee-jerk reaction of few people and at the cost of few people and society at large,” the bench said. On October 26, the High Court asked the BMC to involve celebrities free of charge for pollution awareness, leading to videos featuring Ajinkya Rahane, Madhuri Dixit and Dia Mirza.

The BMC, however, removed Mirza’s video following objections from the city BJP chief. While it was scheduled post Diwali, the judges, "being disturbed" by the incident, listed the suo motu PIL on Tuesday and also reiterated "total ban" on bursting firecrackers on public streets during festivities.

The bench also directed authorities to consider and issue directions, based on the Supreme Court’s directives Monday on Delhi's air pollution, noting that the “law of the land” is “also applicable to Mumbai and Maharashtra”, specifically on the permitted timings during Diwali and the nature of the firecrackers.

The “issue of environment should not be hijacked by any other colour… Everyone in the country is breathing the same air… Are we not a secular country? This is most unfortunate,” it said on the deletion of the video featuring Mirza.

“Please put it (video) again, and restore the confidence of the people in the Constitution and the society… These are stray thoughts of one or two persons, and we are not happy with this at all,” it said, posting the next hearing to November 19.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates ex... Read More